SIXTH-AMENDMENT
3,145 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-970 | Rami Ghanem v. United States | Ninth Circuit | 2026-02-18 | Pending | acquitted-conduct beyond-reasonable-doubt fifth-amendment judge-found-facts sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit federal courts from increasing a criminal defendant's authorized punishment based on conduct—including… | |
| 25-6844 | Shannon Simpson v. Louisiana | Louisiana | 2026-02-18 | Pending | IFP | due-process-clause fourteenth-amendment impeachment-silence right-to-fair-trial sixth-amendment witness-disclosure | Under the U.S. Constitution Amendment VI's right to a fair trial and the due process clause of U.S. Constitution Amendment XIV, can a conviction rest:… |
| 25-6835 | Laurence Sessum v. United States | Fourth Circuit | 2026-02-17 | Pending | IFP | certificate-of-appealability habeas-corpus ineffective-assistance-of-counsel rejected-plea sixth-amendment strickland-test | 1. Whether this Court's contemporaneous-evidence requirement from Lee v. United States, 582 U.S. 357 (2017), applies only to accepted-plea cases and i… |
| 25-6820 | Troy LaFrost Decker v. Oklahoma | Oklahoma | 2026-02-13 | Pending | IFP | due-process-clause fourth-amendment ineffective-assistance-of-counsel probable-cause sixth-amendment warrant-issuance | Whether a state court's failure to address a pro se pre-trial motion raising violations of mandatory warrant issuance and probable cause determination… |
| 25-6819 | Brandon Prawl v. United States | Second Circuit | 2026-02-13 | Pending | IFP | appellate-review constructive-amendment criminal-indictment due-process fifth-amendment sixth-amendment | The Petitioner, Brandon Prawl, was indicted for one crime but convicted of a different crime and sentenced to a consecutive 60-month prison term. Does… |
| 25-6816 | Carlos Javier Figueroa v. United States | Second Circuit | 2026-02-13 | Pending | IFP | counsel-override criminal-defense defendant-autonomy ineffective-assistance sixth-amendment witness-testimony | In McCoy v. Louisiana, 584 U.S. 414 (2018), this Court held that (1) the Sixth Amendment guarantees a criminal defendant the autonomy to decide the ob… |
| 25-6811 | Gifford Johnson, III v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2026-02-13 | Pending | IFP | circuit-court-split constitutional-duty ineffective-assistance newly-discovered-evidence schulp-claim sixth-amendment | 1. WHETHER THE FIFTH CIRCUIT COURT OF APPEAL'S APPLICATION OF SCHULP'S CLAIM WAS UNREASONABLE WHEN THE NEWLY PRESENTED EVIDENCE WAS NOT HEARD AT TRIAL… |
| 25-6793 | Roman Flores v. Texas | Texas | 2026-02-11 | Pending | IFP | autonomy-right capital-murder criminal-defense guilt-concession law-of-parties sixth-amendment | 1. Whether McCoy v. Louisiana prohibits only explicit admissions of guilt, or also bars functional concessions — such as conceding elements, condition… |
| 25-950 | Mark Hartman v. Dave Yost, Attorney General of Ohio | Sixth Circuit | 2026-02-10 | Pending | appellate-review certificate-of-appealability confrontation-clause constitutional-error due-process sixth-amendment | I Did the Sixth Circuit err when it reversed the district court's grant of the writ based on ineffective assistance of counsel during cross-examinatio… | |
| 25-6769 | In Re David J. Gottorff | 2026-02-10 | Pending | IFP | collateral-estoppel constitutional-rights double-jeopardy due-process first-amendment sixth-amendment | Question 1. Whether the arrest and prosecution of the Petitioner in Ouray District Court case 2022 CR 8 was in criminal violation of 18 U.S.C. 1512(d)… | |
| 25-6773 | Devern Clemons, III v. Florida | Florida | 2026-02-10 | Pending | IFP | constitutional-rights criminal-procedure fourteenth-amendment jury-trial serious-felony sixth-amendment | Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 25-6740 | David Leslie Culverhouse v. Texas | Texas | 2026-02-06 | Pending | IFP | constitutional-rights criminal-procedure due-process prosecutorial-discretion sixth-amendment venue-change | Question not identified. |
| 25A879 | Anton Soloshenko, Luis A. Torres Gonzalez, and Dominic C. Haymond, II v. United States | Armed Forces | 2026-02-04 | Application | constitutional-rights court-martial criminal-conviction military-justice sixth-amendment unanimous-verdict | Question not identified. | |
| 25A875 | Telina Fuller v. Hector Sanchez, et al. | Sixth Circuit | 2026-02-04 | Application | competency-hearing constitutional-violation due-process godinez-standard self-representation sixth-amendment | Question not identified. | |
| 25A872 | Djavon Holland v. United States | Third Circuit | 2026-02-03 | Application | appellate-counsel due-process ineffective-assistance pro-se-representation self-representation sixth-amendment | Question not identified. | |
| 25A871 | Malik Allah-U-Akbar v. David Schroeder, Judge | Ohio | 2026-02-03 | Application | double-jeopardy due-process habeas-corpus judicial-factfinding sixth-amendment suspension-clause | Question not identified. | |
| 25-6701 | Eskender Getachew v. United States | Sixth Circuit | 2026-02-03 | Pending | Response WaivedIFP | circuit-split criminal-procedure defendant-presence jury-verdict sixth-amendment trial-court-duty | Both the Constitution (through the Fifth and Sixth Amendments) and the Federal Rules of Criminal Procedure (Rule 43) provide that a defendant "must be… |
| 25-6700 | Aita Gurung v. Vermont | Vermont | 2026-02-03 | Pending | Response WaivedIFP | constitutional-rights jury-selection peremptory-challenges public-trial sixth-amendment waller-standard | Whether the Sixth Amendment's public trial guarantee applies to the cause and peremptory challenges phase of jury selection or may the court exclude t… |
| 25A858 | Dawn Marie Guevara v. United States | Ninth Circuit | 2026-01-30 | Application | confrontation-clause constitutional-rights criminal-procedure evidence-admission harmless-error sixth-amendment | Question not identified. | |
| 25A855 | Arvin Terrill Carmen v. United States | Ninth Circuit | 2026-01-30 | Application | continuing-criminal-enterprise effective-assistance jury-trial narcotics-violation sixth-amendment unanimous-verdict | The question in this case centers on a determination of the proper application of 21 U.S.C. § 848(c)(2)(A) and what legal standards and facts are nece… | |
| 25-6662 | Pierre Burns v. United States | Sixth Circuit | 2026-01-29 | Pending | Response WaivedIFP | constitutional-rights criminal-procedure defense-of-mistake first-amendment sixth-amendment statutory-interpretation | 1. Whether the District Court's prohibition against presenting a defense of mistake of age in a case arising under 18 U.S.C. § 225l(a) created a viola… |
| 25-6670 | Charles Victor Thompson v. Texas | Texas | 2026-01-27 | Denied | IFP | autopsy-report confrontation-clause criminal-procedure due-process medical-evidence sixth-amendment | Did the Texas Court of Criminal Appeals err when it failed to apply this Court's holdings in Smith v. Arizona, 602 U.S. __ (2024) and Crawford v. Wash… |
| 25A846 | Marion Alexander Lindsey v. South Carolina | South Carolina | 2026-01-23 | Application | capital-sentencing due-process ineffective-assistance mitigating-evidence post-conviction-relief sixth-amendment | Question not identified. | |
| 25-6654 | Kyle Shirakawa Handley v. Christopher Pierce, Warden | Ninth Circuit | 2026-01-22 | Pending | IFP | california-law criminal-procedure due-process notice-requirement sentencing-enhancement sixth-amendment | 1. Does the California Supreme Court's 1936 holding that a defendant's right to notice does not apply to facts which merely "increase the penalty" vio… |
| 25-6642 | Jimmy ONeal Spencer v. Alabama | Alabama | 2026-01-22 | Pending | IFP | due-process fourteenth-amendment jury-selection pretrial-publicity sixth-amendment venue-change | In a capital case where the pretrial publicity was extensive, gruesome, and negative, including statements by the current Attorney General that the Ji… |
| 25-6623 | Hamed Kian v. Florida | Florida | 2026-01-20 | Pending | Response RequestedResponse WaivedIFP | constitutional-rights criminal-procedure fourteenth-amendment jury-trial serious-felony sixth-amendment | Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 25-6631 | Juan Jose Zarate Sanchez v. Texas | Texas | 2026-01-20 | Pending | Response WaivedIFP | criminal-procedure due-process impartial-jury jury-selection sixth-amendment voir-dire | Whether due process and the Sixth Amendment right to an impartial jury are violated when the prosecution conducts panel-wide voir dire using a series … |
| 25-6607 | Kevin Esaud Perez Rojas v. Florida | Florida | 2026-01-16 | Pending | Response WaivedIFP | constitutional-rights criminal-procedure fourteenth-amendment jury-trial serious-felony sixth-amendment | Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 25-841 | Henry Troy Wade v. United States | Eleventh Circuit | 2026-01-15 | Pending | Response Waived | brady-violation constitutional-procedure due-process grand-jury sixth-amendment wire-fraud | 1. Whether a conviction under 18 U.S.C. §1343 must be vacated where the Government obtained a verdict under a theory materially broader than the indic… |
| 25-6596 | Jamie Brian Ketcham v. Department of Defense | Fourth Circuit | 2026-01-15 | Pending | IFP | constitutional-violations due-process habeas-corpus indigent-standard military-detention sixth-amendment | Petitioner was framed with false incriminating evidence back around 2014. A corrupted military court hearing was held without the petitioner being pre… |
| 25-6595 | Hugo Ivan Macias-Ordonez v. United States | Fifth Circuit | 2026-01-15 | Pending | Response WaivedIFP | apprendi-rule constitutional-interpretation criminal-procedure prior-convictions sixth-amendment stare-decisis | The Sixth Amendment guarantees the right "to be informed of the nature and cause of the accusation." U.S. Const. amend. VI. "[F]act[s] that increase[]… |
| 25-6587 | Jett Garriott Adams v. Dan Shannon, Director, Wyoming Department of Corrections, et al. | Tenth Circuit | 2026-01-15 | Pending | Response WaivedRelisted (2)IFP | ake-v-oklahoma harmless-error-analysis indigent-defendant psychiatric-assistance sanity-defense sixth-amendment | 1. When this Court held in Ake v. Oklahoma that an indigent defendant must make a threshold showing that their sanity would be a significant factor at… |
| 25-6584 | Leihinahina Sullivan v. United States | Ninth Circuit | 2026-01-14 | Pending | Response WaivedIFP | criminal-procedure due-process fifth-amendment judicial-misconduct prosecutorial-misconduct sixth-amendment | (1) Whether Standley Counsel Richard Hoke Violated Sullivans waht +0 eelt vepresentahon when he filed a Nohcee of Tntent that =) to Judge wt. Michael … |
| 25-6560 | Tony Daniel Klein v. United States | Ninth Circuit | 2026-01-13 | Pending | Response WaivedRelisted (2)IFP | confrontation-clause constitutional-defense criminal-procedure evidence-exclusion sixth-amendment witness-bias | Does a court violate a criminal defendant's constitutional right to present a defense by excluding the strongest evidence supporting the sole theory o… |
| 25-6571 | Maxo Casseus v. Florida | Florida | 2026-01-13 | Pending | Response WaivedIFP | constitutional-rights criminal-procedure fourteenth-amendment jury-trial serious-felony sixth-amendment | Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 25-6544 | Louis Olivarria v. California | California | 2026-01-12 | Pending | IFP | appellate-review deliberations impartial-jury juror-dismissal sixth-amendment trial-court | What standard applies when appellate courts review a trial court's dismissal of a juror during deliberations to determine whether the dismissal was ba… |
| 25A798 | Gavin Blake Davis v. United States | Fifth Circuit | 2026-01-09 | Application | bail-reform-act constitutional-rights due-process presumption-of-innocence pretrial-detention sixth-amendment | Is the timely and proper movement before the trial court for production and inspection of grand jury proceedings available for interlocutory appellate… | |
| 25A788 | Kriston Price v. Ohio | Ohio | 2026-01-08 | Application | fifth-amendment fourteenth-amendment home-invasion self-defense sixth-amendment voluntary-manslaughter | Question not identified. | |
| 25-6518 | Deandre M. Smith v. Bradley Mlodzik, Warden | Seventh Circuit | 2026-01-08 | Pending | Response WaivedIFP | certificate-of-appealability habeas-corpus ineffective-assistance procedural-review sixth-amendment strickland-standard | This case presents an important question regarding an individual's entitlement to a certificate of appealability. Regarding that entitlement, this Cou… |
| 25-6505 | Kenneth Christopher Pointer, aka Keith Johnson v. United States | Sixth Circuit | 2026-01-07 | Pending | Response WaivedIFP | abuse-of-discretion constitutional-rights district-court evidentiary-hearing ineffective-assistance sixth-amendment | QUESTON NUMBER ONE: Whether the district court abused its discretion by failing to conduct a prompt Evidentiary Hearing and the Sixth Circuit's affir… |
| 25-6514 | Epifanio Leos-Morales v. United States | Fifth Circuit | 2026-01-07 | Pending | Response WaivedIFP | almendarez-torres criminal-law notice-clause prior-conviction recidivism sixth-amendment | Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 25-6487 | Derrick S. Lewis v. United States | Eleventh Circuit | 2026-01-06 | Pending | Response WaivedIFP | apprendi-rule criminal-procedure fifth-amendment jury-determination sentencing-guidelines sixth-amendment | 1. Whether the Fifth and Sixth Amendments are violated when a sentencing judge, rather than a jury, finds facts that otherwise alter the minimum and/o… |
| 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… |
| 25-6495 | Jason Elysse v. Florida | Florida | 2026-01-06 | Pending | IFP | appellate-review constitutional-claim discretionary-jurisdiction fifth-amendment fourteenth-amendment sixth-amendment | First, whether a State Appellate Court violates a Defendant's Fifth, Sixth and Fourteenth Amendment rights when it affirms a trial Court's denial of a… |
| 25-6476 | Demond Depree Bluntson v. Texas | Texas | 2026-01-05 | Pending | IFP | faretta-standard fourteenth-amendment judicial-discretion mental-illness self-representation sixth-amendment | This case presents important issues concerning the Sixth Amendment right to represent oneself in a criminal proceeding and the fair administration of … |
| 25-6479 | Leontis Cornelius v. United States | Seventh Circuit | 2026-01-05 | Pending | Response WaivedIFP | criminal-recklessness felon-in-possession jury-trial self-defense sentencing-enhancement sixth-amendment | 1.When the government seeks to aggravate the sentence of a felon in possession of a firearm (18 USC § 922 [g]) contending that he violated a State c… |
| 25-6480 | Jairo Huertas-Mercado v. United States | First Circuit | 2026-01-05 | Pending | Response WaivedIFP | baker-v-wingo constitutional-rights judicial-review procedural-error sixth-amendment speedy-trial | Whether there was failure to properly weigh the Baker v Wingo 3rd and 4th factor s when the issue was not presented below in violation of the Petition… |
| 25-6471 | Marcia Vazquez Rijos v. United States | First Circuit | 2026-01-02 | Pending | Response WaivedIFP | appellate-procedure conspiracy criminal-procedure indicative-ruling jurisdiction sixth-amendment | Rule 37 of the Federal Rules of Criminal Procedure allows a party to seek an indicative ruling from the district court while an appeal is pending. Whi… |
| 25-6457 | Elijah Behringer v. California Polytechnic State University, San Luis Obispo, et al. | Ninth Circuit | 2025-12-31 | Pending | Response WaivedIFP | covid-mandates jacobson-precedent jury-trial rational-basis-review sixth-amendment substantive-due-process | (1) Whether this Court's decision in Jacobson v. Massachusetts, 197 U.S. 11 (1905) provides authority for automatic dismissal of lawsuits challenging … |
| 25-6446 | David Allen Benson v. Superior Court of California, Orange County, et al. | California | 2025-12-30 | Pending | IFP | criminal-procedure due-process ineffective-assistance mandamus-petition sixth-amendment speedy-trial | 1. Was Petitioner denied his right to speedy trial, even his criminal Trial has been delayed for six years without his consent? 2. Did Petitioner suf… |
| 25-6449 | Cynthia Lynn Pollick v. Pennsylvania | Pennsylvania | 2025-12-30 | Pending | IFP | constitutional-rights disorderly-conduct due-process legal-counsel pro-se sixth-amendment | 1. Whether Petitioner's Sixth Amendment right to counsel was violated by Lackawanna County Court of Common Pleas, Pennsylvania when it failed to honor… |
| 25-6412 | Israel Navarro v. New York | New York | 2025-12-22 | Pending | Response WaivedIFP | apprendi-rule criminal-procedure fifth-amendment jury-trial sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments guarantee criminal defendants, like the petitioner Israel Navarro, the right to a jury trial on statutorily req… |
| 25-6414 | Matthew R. Davis v. Maine | First Circuit | 2025-12-22 | Pending | IFP | constitutional-rights expert-testimony eye-witness-identification ineffective-assistance post-conviction sixth-amendment | Did trial counsel provide ineffective assistance of counsel, under the Sixth Amendment, by failing to timely disclose an expert report on eye-witness … |
| 25A705 | Charles Albert Massey v. Chadwick Dotson, Director, Virginia Department of Corrections | Fourth Circuit | 2025-12-17 | Application | confrontation-clause criminal-procedure cross-examination hearsay-evidence preliminary-hearing sixth-amendment | Question not identified. | |
| 25-6378 | Kriston Price v. Ohio | Ohio | 2025-12-16 | Pending | IFP | aggravated-murder criminal-procedure fourteenth-amendment jury-instruction self-defense sixth-amendment | 1. Whether sufficient evidence existed to reject the defense of self defense where the defendant was violently attacked, beaten, and through the a mir… |
| 25-6386 | Gavin Michael Harold v. United States | Eleventh Circuit | 2025-12-16 | Pending | Response RequestedResponse WaivedIFP | child-pornography criminal-punishment jury-trial mandatory-minimum restitution sixth-amendment | In 2018, Congress enacted the Amy, Vicky, and Andy Child Pornography Victim Assistance Act, which established a mandatory minimum restitution amount o… |
| 25-6387 | Joan Diaz Gonzalez v. United States | Ninth Circuit | 2025-12-16 | Denied | Response WaivedIFP | appellate-review constitutional-rights criminal-procedure de-novo-standard sixth-amendment speedy-trial | The Sixth Amendment provides: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial . . . ." The question pres… |
| 25-6359 | Travis Tuggle v. United States | Seventh Circuit | 2025-12-15 | Denied | Response WaivedIFP | effective-assistance-of-counsel fourth-amendment plain-view-doctrine sixth-amendment technological-advances unreasonable-search | 1. Whether the petitioner's Sixth Amendment right to the effective assistance of counsel was infringed upon when counsel failed to argue that, in orde… |
| 25-6364 | Joshua Luckey v. Louisiana | Louisiana | 2025-12-15 | Denied | Response WaivedIFP | confrontation-right due-process false-allegations fourteenth-amendment sixth-amendment trial-evidence | Did the trial court violate Luckey's Sixth Amendment right to confrontation and his XIV Amendment right to due process when evidence showing prior fal… |
| 25-6377 | Ronald Wolters v. Shelbie Smith, Warden | Sixth Circuit | 2025-12-15 | Pending | IFP | certificate-of-appealability due-process habeas-corpus ineffective-counsel sixth-amendment strickland-standard | Did the Sixth Circuits denial of a COA decide the important federal question related to sufficiency of the evidence and proof beyond a reasonable doub… |
| 25A694 | Andrew Burgess Gregg v. Colorado | Colorado | 2025-12-15 | Application | apprendi-line criminal-procedure double-jeopardy habitual-offender sentencing-enhancement sixth-amendment | Question not identified. | |
| 25-6350 | Samuel J. Barrett v. Walter Tripp, Warden, Wyoming Department of Corrections State Penitentiary, et al. | Tenth Circuit | 2025-12-12 | Denied | Response WaivedIFP | constitutional-rights court-procedure covid-pandemic effective-counsel public-trial sixth-amendment | I. If a state denies a defendant a public trial by implementing a defective trial structure mech anism to limit the spread of a pandemic at the expens… |
| 25-689 | George Sharrod Johns v. Georgia | Georgia | 2025-12-12 | Pending | Amici (2)Response RequestedResponse Waived | autopsy confrontation-clause criminal-procedure hearsay sixth-amendment testimonial-evidence | A forensic pathologist who performed an autopsy on a homicide victim was unavailable for trial. In her place, the State of Georgia offered testimony b… |
| 25-6336 | Joshua J. Lewandowski v. Jefferey Perkins, Superintendent, Coyote Ridge Corrections Center | Ninth Circuit | 2025-12-11 | Pending | Response WaivedIFP | constitutional-rights effective-assistance-counsel fetal-alcohol-syndrome guilty-plea mental-disability sixth-amendment | A. Does the Sixth Amendment to the United State Constitution require Defense Counsel to ensure A mentally disabled defendants guilty plea tod of Congr… |
| 25-6342 | Sergio Zamora-Rios v. United States | Fifth Circuit | 2025-12-11 | Denied | Response WaivedIFP | almendarez-torres apprendi-rule constitutional-interpretation criminal-sentencing precedent-review sixth-amendment | The Sixth Amendment guarantees the right "to be informed of the nature and cause of the accusation." U.S. Const. amend. VI. "[F]act[s] that increase[]… |
| 25-6343 | Sharard Collier v. United States | Fifth Circuit | 2025-12-11 | Denied | Response WaivedIFP | district-court due-process evidentiary-hearing fifth-circuit ineffective-assistance sixth-amendment | QUESTON NUMBER ONE: Whether the district court abused its discretion by failing to conduct an Evidentiary Hearing regarding Ground One pre-trial ine… |
| 25-6346 | Corey Gaynor v. Ken Hollibaugh, Superintendent, State Correctional Institution at Somerset, et al. | Third Circuit | 2025-12-11 | Denied | Response WaivedIFP | constitutional-violation due-process fourteenth-amendment ineffective-assistance jury-instruction sixth-amendment | 1. Whether trial counsel was ineffective and the trial court s unconstitutional jury instruction derived from Pennsylvania's consolidated statute 18 P… |
| 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. | |
| 25-6322 | Jeremy Ian Frieday v. Washington | Washington | 2025-12-09 | Pending | IFP | factual-findings fourteenth-amendment jury-trial-guarantee prior-conviction-exception sentencing-enhancement sixth-amendment | Whether Petitioner's Sixth and Fourteenth Amendment rights were violated when he was subject to an increased standard sentence based on the trial cour… |
| 25A678 | Thurmond McDonald v. Florida | Florida | 2025-12-09 | Application | constitutional-rights criminal-procedure habitual-offender jury-trial sentencing-enhancement sixth-amendment | Question not identified. | |
| 25-6308 | Johnny Joe Figueroa-Mangual v. United States | First Circuit | 2025-12-08 | Denied | Response WaivedIFP | constitutional-rights eighth-amendment fifth-amendment plea-agreement sentencing-guidelines sixth-amendment | Whether it was a violation to the Fifth, Sixth and Eighth Amendment of the U.S. Constitution, the sentencing factors enshrined in 18 U.S.C. 3553 (a) a… |
| 25-6288 | Christopher John Derting v. Florida | Florida | 2025-12-04 | Denied | Response WaivedIFP | constitutional-rights criminal-sentencing fifth-amendment habitual-offender-statute preponderance-of-evidence sixth-amendment | The State of Florida employs recidivism statute 775.084 known as "Habitual Offender Statute ". The statute has several factual determinations that nee… |
| 25-650 | Raymon Walters v. United States | Third Circuit | 2025-12-04 | Denied | Response Waived | counsel-strategy criminal-defense defendant-rights jury-trial legal-ethics sixth-amendment | Whether defense counsel may concede an element of an offense over the defendant's objection, where the concession is reasonably designed to advance th… |
| 25A656 | Brandon Z. Miller v. United States | Armed Forces | 2025-12-04 | Application | confrontation-clause military-evidence-rule presley-v-georgia public-trial sixth-amendment waller-v-georgia | Question not identified. | |
| 25-6279 | Steven Matthew Wolf v. Florida | Florida | 2025-12-03 | Denied | IFP | capital-punishment death-penalty fourteenth-amendment juror-bias jury-selection sixth-amendment | Whether Mr. Wolf was deprived of a jury of his peers as guaranteed by the Sixth and Fourteenth Amendments where the trial court removed a juror who pr… |
| 25-633 | Dennis A. George, Jr. v. United States | Armed Forces | 2025-12-03 | Denied | Response Waived | charging-document due-process fair-notice fifth-amendment legal-sufficiency sixth-amendment | Under the Fifth Amendment right to due process and the Sixth Amendment right to fair notice, may a conviction be affirmed as legally sufficient based … |
| 25A645 | Julius Jarreau Moore v. Arizona | Arizona | 2025-12-03 | Application | capital-murder due-process ineffective-assistance sixth-amendment strickland-standard third-party-culpability | Question not identified. | |
| 25-6245 | Dean Alan Smith v. United States | Ninth Circuit | 2025-11-26 | Denied | Response WaivedIFP | allen-instruction due-process fifth-amendment impartial-jury jury-deadlock sixth-amendment | WHETHER THE APPELLATE COURT ERRED IN AFFIRMING THE DISTRICT COURT'S DECISION TO PROFFER NOT ONE BUT TWO DISTINCT ALLEN INSTRUCTIONS WHERE THE JURY WAS… |
| 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 … |
| 25-6236 | Jesse Alan Walker v. William D. Snyder, Sheriff, Martin County, Florida | Florida | 2025-11-25 | Denied | Response WaivedIFP | appellate-review constitutional-rights habeas-corpus ineffective-counsel pretrial-proceedings sixth-amendment | Does the United Constitution of the Constitution of Florida permit the petition for a writ of habeas corpus to be decided based on the facts and retur… |
| 25-6241 | Vincent Gerald Garcia v. United States | Ninth Circuit | 2025-11-25 | Denied | Response WaivedIFP | conspiracy criminal-procedure jury-unanimity plain-error sixth-amendment vicar-prosecution | Whether a district court commits plain error and violates a defendant's Sixth Amendment right to a unanimous jury verdict when it fails to give a spec… |
| 25-6207 | Mark Eugene Benton v. United States | Ninth Circuit | 2025-11-24 | Denied | Response WaivedIFP | constitutional-rights effective-counsel fourth-amendment search-and-seizure sixth-amendment vehicle-search | 1) Was the search of the petitioners vehicle, on 12-31-2020, lawful under the 4th Amendment of the United States Constitution, as well as Montana Cnst… |
| 25-6208 | Matthew Peckham v. Rhode Island | Rhode Island | 2025-11-24 | Pending | Response RequestedResponse WaivedIFP | bias-evidence cross-examination fourteenth-amendment juvenile-records sixth-amendment witness-impeachment | 1. Whether the Sixth and Fourteenth Amendments permit a state court to bar all cross-examination of a key prosecution witness concerning her own juven… |
| 25-6221 | Hugo Chavez Valdivias v. United States | Tenth Circuit | 2025-11-24 | Denied | Response WaivedIFP | constitutional-rights jury-nullification jury-trial sentencing-consequences sixth-amendment verdict-power | Does the Sixth Amendment right to a jury trial guarantee a jury informed of its power to return a verdict against the law and the facts? Does the Six… |
| 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… |
| 25-6200 | Daman Thomas Caldwell v. Florida | Florida | 2025-11-21 | Denied | Response WaivedIFP | constitutional-violations false-police-report fifth-amendment first-amendment per-curiam-affirmance sixth-amendment | Whether the conviction of Petitioner, obtained under a per curiam affirmance without opinion and supported by a false police report, violates the Firs… |
| 25-6183 | Stephen C. Crawford v. United States | Fourth Circuit | 2025-11-20 | Denied | Response WaivedIFP | fifth-amendment perjury reasonable-doubt self-defense sentencing-guidelines sixth-amendment | 1. Whether this Court should adopt and encourage, when requested by a party, a definition of reasonable doubt to include "a doubt that would cause a r… |
| 25-6185 | John Pearl Smith, II v. United States | Ninth Circuit | 2025-11-20 | Denied | Response WaivedIFP | distinctive-groups duren-test fair-cross-section jury-selection sixth-amendment systematic-exclusion | 1. Is the Sixth Amendment right to a jury that represents a fair cross-section of the community violated where a defendant identifies a specific syste… |
| 25A600 | Raymon Walters v. United States | Third Circuit | 2025-11-20 | Application | counsel-concession criminal-defense element-challenge mccoy-right sixth-amendment trial-strategy | Question not identified. | |
| 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… |
| 25-6163 | Terrance Deshun Cash v. United States | Fifth Circuit | 2025-11-19 | Denied | Response WaivedIFP | confrontation-clause constitutional-rights due-process fifth-amendment hearsay sixth-amendment | Petitioner Cash contend that his constitutional rights was violated be fore the Fifth Circuit Court of Appeals due to the stated facts raised beforet… |
| 25-6123 | Osvaldo Gonzalez v. United States | Eleventh Circuit | 2025-11-14 | Denied | Response WaivedIFP | barker-review criminal-procedure liberty-interests pretrial-delay sixth-amendment speedy-trial | Whether Barker v. Wingo's rejection of fixed time periods in defining the scope of the Sixth Amendment's Speedy Trial Clause has been abrogated and re… |
| 25-6127 | Brodrick Eugene Davis v. United States | Fifth Circuit | 2025-11-14 | Pending | IFP | constitutional-law criminal-procedure due-process fifth-amendment sixth-amendment statutory-interpretation | Does 18 U.S.C. § 3583(g) violate the Fifth and Sixth amendments? |
| 25-6094 | Chimene Hamilton Onyeri v. United States | Fifth Circuit | 2025-11-13 | Denied | Response WaivedIFP | effective-assistance-of-counsel evidentiary-hearing law-enforcement-testimony rico-conspiracy sixth-amendment trial-strategy | I. Should a writ of certiorari be granted to determine whether a defendant is denied his Sixth Amendment right to conflict-free counsel where trial co… |
| 25-565 | Yogesh K. Pancholi v. United States | Sixth Circuit | 2025-11-12 | Denied | Amici (1)Response Waived | bad-faith compulsory-process criminal-procedure discovery-violation sixth-amendment witness-preclusion | Whether the Constitution permits a trial court to impose witness preclusion as a sanction for a discovery violation in a criminal case, absent a findi… |
| 25-6084 | Paul Gregory Perry v. Robert Van Gorder, Warden | North Carolina | 2025-11-12 | Denied | IFP | appellate-counsel constitutional-law criminal-procedure due-process habeas-corpus sixth-amendment | 1) Whether "Carpenter 222. ters" hralding i ratzaac hive ta Renton S Whee Convictiansand. Sentence 5 xele 2) jae Phar-capppellate counsel. tua je Fle… |
| 25-6030 | Terry Lee Miksell v. United States | Eighth Circuit | 2025-11-05 | Denied | Response WaivedIFP | due-process evidence-sufficiency ineffective-assistance interstate-commerce jurisdiction sixth-amendment | 1. It is asked of this High Court as to whether the District Court had jurisdiction under Gozales v Raich , 545 US 1 (2005) to prosecute this case, … |
| 25-6040 | Gustavo Tijerina Sandoval v. Texas | Texas | 2025-11-05 | Denied | Response WaivedIFP | due-process harmless-error jury-trial sixth-amendment state-law trial-counsel | 1. May a state court that reaches and decides an asserted violation of the Sixth Amendment right to jury trial that has not been waived or forfeited u… |
| 25A510 | Terrance Carew v. Robert Morton | Second Circuit | 2025-11-04 | Application | batson-violation fourteenth-amendment ineffective-assistance jury-selection racial-discrimination sixth-amendment | Question not identified. | |
| 25-6003 | Quinn R. Turner v. United States | Sixth Circuit | 2025-10-31 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process evidentiary-hearing ineffective-assistance sixth-amendment | Whether Mr. Turner's due process of law rights of the Fifth Amendment U.S. Constitution were violated by the district court failing to adjudicate the … |
| 25-6004 | Fillmore Wright v. Louisiana | Louisiana | 2025-10-31 | Denied | IFP | criminal-procedure due-process fair-trial fourteenth-amendment sixth-amendment uncorroborated-confession | Under the U.S. Constitution Amendment VI's right to a fair trial and the due process clause of U.S. Constitution Amendment XIV, can a conviction rest … |
| 25-6010 | Karl Patrick Kluge v. United States | Eleventh Circuit | 2025-10-31 | Pending | Response RequestedResponse WaivedIFP | child-exploitation criminal-punishment jury-finding mandatory-minimum restitution sixth-amendment | In 2018, Congress enacted the Amy, Vicky, and Andy Child Pornography Victim Assistance Act, which established a mandatory minimum restitution amount o… |
| 25A499 | Joan Diaz Gonzalez v. United States | Ninth Circuit | 2025-10-31 | Application | appellate-review barker-factors constitutional-rights government-negligence sixth-amendment speedy-trial-clause | Question not identified. | |
| 25-5996 | Jean-Michael Kisi v. Joseph Joyce, Warden | Eighth Circuit | 2025-10-30 | Denied | IFP | confrontation-clause constitutional-rights due-process fourteenth-amendment jury-deliberation sixth-amendment | I. WHETHER THE DISTRICT COURT EXCLUDING THE PETITIONER FROM THE COURTROOM WHEN PERSONS DISPLAYED THE STATE 'S LAPTOP IN THE DELIBERATION ROOM AND A … |
| 25-5987 | Francisco Javier Ochoa-Anaya v. United States | Ninth Circuit | 2025-10-29 | Denied | Response WaivedIFP | abuse-of-discretion actual-innocence ineffective-assistance procedural-default sixth-amendment supreme-court-precedent | QUESTON NUMBER ONE; Whether the district court and the Ninth Circuit abused its discretion by holding that Ground One, actual-innocence claim as to hi… |
| 25A487 | Jairo Huertas-Mercado v. United States | First Circuit | 2025-10-28 | Application | constitutional-delay criminal-procedure due-process fifth-amendment sixth-amendment speedy-trial | Question not identified. | |
| 25-516 | Thomas Mitchell Overton v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2025-10-27 | Pending | aedpa-deference brady-violation constitutional-error habeas-corpus ineffective-assistance-of-counsel sixth-amendment | The Antiterrorism and Effective Death Penalty Act ("AEDPA") prevents federal courts from granting habeas petitions for constitutional violations regar… | |
| 25A477 | Amos Wells v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2025-10-27 | Application | death-penalty future-dangerousness genetic-evidence ineffective-assistance sixth-amendment strickland-standard | Question not identified. | |
| 25-512 | Jibril Adamu v. United States | Second Circuit | 2025-10-24 | Pending | confrontation-clause criminal-procedure drug-trafficking extraterritorial-application sixth-amendment testimonial-hearsay | 1. Whether the crime of possession with intent to distribute under 21 U.S.C. §959(c)(2) applies extraterritorially. 2. Whether a non-testifying analy… | |
| 25-5950 | Adedayo Hakeem Sanusi v. United States | Ninth Circuit | 2025-10-24 | Denied | Response WaivedIFP | due-process fifth-amendment grand-jury-indictment ineffective-assistance plea-colloquy sixth-amendment | 1. Whether defense counsel renders constitutionally ineffective assistance under the Sixth Amendment when, for financial gain, he affirmatively lies t… |
| 25-5956 | In Re Santos Cuevas | 2025-10-24 | Dismissed | IFP | constitutional-remedy double-jeopardy judicial-estoppel post-conviction sentencing-enhancement sixth-amendment | 1. May the Sixth Amendment in retroactive by the state allow remedy to initial and successive post-conviction proceedings, if so, may the right to ef… | |
| 25-502 | Christina Paylan v. Florida | Florida | 2025-10-23 | Denied | constitutional-rights criminal-procedure florida-law nolle-prosequi sixth-amendment speedy-trial | Does the State of Florida violate Petitioner's Sixth Amendment Right to speedy trial applicable to the State through the Fourteenth Amendment, by comm… | |
| 25-5932 | Garland Ray Gregory, Jr. v. South Dakota | South Dakota | 2025-10-22 | Denied | IFP | choice-of-counsel coram-nobis equal-protection fourteenth-amendment sixth-amendment structural-error | 1. Is a Sixth Amendment 'erroneous deprivation of choice of counsel ' structural error, an error of the most fundamental character, properly before t… |
| 25-5939 | Michael Georgie Carson v. Michigan | Michigan | 2025-10-22 | Denied | IFP | criminal-procedure fourth-amendment ineffective-assistance probable-cause search-warrant sixth-amendment | DOES THE MICHIGAN SUPREME COURT'S DECISION CONFLICT WITH THE U.S. SUPREME COURT'S CASELAW, WHEN THEY OVERTURNED THE MICHIGAN COURT OF APPEALS FINDING … |
| 25A460 | George Sharrod Johns v. Georgia | Georgia | 2025-10-22 | Presumed Complete | confrontation-clause criminal-procedure expert-testimony forensic-pathology sixth-amendment testimonial-statements | Question not identified. | |
| 25-5921 | Frederick L. Brewer v. United States | Seventh Circuit | 2025-10-21 | Denied | Response WaivedIFP | acquittal criminal-sentencing double-jeopardy fifth-amendment judicial-discretion sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 25-5912 | David Everette v. New York | New York | 2025-10-20 | Denied | IFP | apprendi-rule criminal-procedure judicial-fact-finding persistent-felony-offender sentencing-enhancement sixth-amendment | Since deciding that the fact of a prior conviction can "authorize" a longer sentence, Almendarez-Torres v. United States, 523 U.S. 224, 246 (1998), th… |
| 25-5908 | Jean-Claude Okongo Landji v. United States | Second Circuit | 2025-10-17 | Pending | Response WaivedIFP | circuit-split confrontation-clause conspiracy controlled-substances extraterritorial-prosecution sixth-amendment | 1. May the offense of conspiracy to distribute or possess with intent to distribute controlled substances while on a United States aircraft, pursuant … |
| 25A440 | Meelad Dezfooli v. United States | Ninth Circuit | 2025-10-17 | Application | counsel-of-choice criminal-procedure due-process ineffective-assistance right-to-counsel sixth-amendment | Question not identified. | |
| 25-5900 | Latisha Anderson v. United States | Fourth Circuit | 2025-10-16 | Denied | Relisted (3)IFP | criminal-procedure due-process fifth-amendment liberty-interest prosecutorial-misconduct sixth-amendment | I. THE FOURTH CIRCUIT 'S DECISION FINDING NO PROSECUTORIAL MISCONDUCT OR NO IMPROPER INTERFERENCE BY THE DISTRICT COURT IS CONTRARY TO THE FIFTH AM… |
| 25-5902 | Ramon Simpson v. United States | Eighth Circuit | 2025-10-16 | Denied | Response WaivedIFP | certificate-of-appealability circuit-split credibility-determination evidentiary-hearing section-2255 sixth-amendment | Whether, in light of a profound and acknowledged circuit split, a district court may deny a § 2255 hearing by making a dispositive credibility determi… |
| 25-5893 | Frederick M. Hill v. Angela Stuff, Warden | Sixth Circuit | 2025-10-15 | Denied | Response WaivedIFP | certificate-of-appealability constitutional-claim fourth-amendment knock-and-talk procedural-due-process sixth-amendment | 1. Should the "one fair shot" and procedural due process require the court of appeals to notify a petitioner that an appeal and briefing schedule is … |
| 25-5894 | Kenneth Lavigne v. Darrel Vannoy, Warden | Fifth Circuit | 2025-10-15 | Denied | IFP | habeas-corpus ineffective-assistance prejudice-analysis sixth-amendment strickland-standard time-barred | Whether the Fifth Circuit violated the Sixth Amendment and this Court's precedent in Strickland v. Washington, 466 U.S. 668 (1984), Hill v. Lockhart, … |
| 25-5895 | Rickey Johnson, aka Sealed Defendant 1, aka Neil Dawn Defarren v. United States | Second Circuit | 2025-10-15 | Pending | IFP | circuit-split constitutional-law criminal-procedure harmless-error jury-trial sixth-amendment | L. Whether the acknowledged violation of a federal criminal defendant's right to a jury of 12, under Fed. R. Crim. P. 23(b), can be harmless, a questi… |
| 25-5898 | Jeremiah Bobb v. United States | Ninth Circuit | 2025-10-15 | Denied | Response WaivedRelisted (2)IFP | child-witness constitutional-rights evidentiary-error ineffective-assistance sixth-amendment strategic-decision | A child-witness's initial interview with the authorities was recorded and the child un-equivocally stated that the Petitioner did not sexually assault… |
| 25-5874 | Bruce S. Myles v. New York | New York | 2025-10-14 | Denied | IFP | competency due-process fair-trial ineffective-counsel prosecutor-testimony sixth-amendment | 1. WHETHER THE COURT VIOLATED DUE PROCESS WHEN THE PROSECUTOR WAS ALLOWED TO ACT AS AN UNSWORN WITNESS? 2. WHETHER COUNSEL WAS INEFFECTIVE IN VIOLATI… |
| 25-422 | Deshawn M. Dawson v. United States | Armed Forces | 2025-10-08 | Denied | Response Waived | court-martial criminal-conviction due-process-clause military-justice sixth-amendment unanimous-verdict | Does the Constitution preclude a court-martial panel of lay members from convicting a defendant of a criminal offense by a non-unanimous vote? |
| 25-5827 | Errol Victor, Sr. v. Louisiana | Louisiana | 2025-10-08 | Denied | IFP | constitutional-violation equal-protection fourteenth-amendment government-oppression racial-discrimination sixth-amendment | WHETHER A STATE RACIALLY MOTIVATED PERVASIVE Unconstitutional Statute purposed to deny it's African American Citizens their equal protection of law … |
| 25-5815 | Wilclin Saintil v. Florida | Florida | 2025-10-07 | Denied | IFP | constitutional-rights criminal-procedure due-process fifth-amendment sixth-amendment witness-testimony | I. WHETHER THE STATE COURT VIOLATED THE FIFTH, SIXTH, AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION IN DENYING THE ACCUSED HIS DUE PR… |
| 25-5817 | Kyle Krill v. Ohio | Ohio | 2025-10-07 | Denied | IFP | armed-career-criminal-act constitutional-rights fifth-amendment jury-determination sentencing-enhancement sixth-amendment | When a factual finding that multiple counts arose out of "separate acts or transactions" is necessary to authorize an increase in punishment, must thi… |
| 25-5819 | Max Fontes v. Arizona | Arizona | 2025-10-07 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights criminal-procedure jury-trial ramos-precedent sixth-amendment twelve-person-jury | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a felony. |
| 25-5821 | Gregory Lee Rodvelt v. United States | Ninth Circuit | 2025-10-07 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure fifth-amendment official-duties sixth-amendment statutory-authority | 1. Is a federal employee "engaged in. . . the performance of official duties" to sustain a conviction under 18 U.S.C. § 111 when there is no statutory… |
| 25-5823 | Steven Nicholas Fulton v. United States | Fourth Circuit | 2025-10-07 | Denied | Response WaivedIFP | appellate-review constitutional-rights criminal-procedure fifth-amendment jury-verdict sixth-amendment | Whether an appellate court may, consistent with the Fifth and Sixth Amendments, reinstate a jury's guilty verdict where the judge did not find, and th… |
| 25A397 | Obe E. Johnson v. Harry Feliciano-Maldonado, et al. | First Circuit | 2025-10-07 | Presumed Complete | constitutional-claim due-process evidentiary-hearing ineffective-assistance sixth-amendment state-court-proceedings | Question not identified. | |
| 25-5805 | Will Earnest Young, Jr. v. Iowa | Iowa | 2025-10-06 | Denied | Response WaivedIFP | constitutional-law criminal-appeal due-process ineffective-assistance sixth-amendment supremacy-clause | Whether Iowa Code § 814.7 violates the Supremacy Clause of the United States Constitution. |
| 25-5806 | Ricky Dixon v. United States | Eleventh Circuit | 2025-10-06 | Denied | Response WaivedIFP | abuse-of-discretion actual-innocence evidentiary-hearing guilty-plea ineffective-assistance sixth-amendment | Whether the district court abused its discretion and the Eleventh Circuit affirmance of the lower court's failure to conduct an Evidentiary Hearing as… |
| 25A396 | Robert Tatum v. Chris Stevens | Seventh Circuit | 2025-10-06 | Presumed Complete | alibi-defense complete-defense due-process right-to-counsel self-representation sixth-amendment | Question not identified. | |
| 25-5807 | Tamatha Lynn Melom v. Stone County, Mississippi | Mississippi | 2025-10-06 | Denied | IFP | confrontation-rights due-process equal-protection fourteenth-amendment judicial-bias sixth-amendment | 1. Whether the seizure, destruction, and permanent transfer of a citizen's lawfully owned dogs, based on untested hearsay, without production of polic… |
| 25-385 | Charles Ray Crawford v. Mississippi | Mississippi | 2025-10-02 | Denied | capital-trial criminal-procedure retroactivity sixth-amendment structural-error teague-rule | In McCoy v. Louisiana, 584 U.S. 414 (2018), this Court held that the Sixth Amendment guarantees the defendant the right to personally decide whether t… | |
| 25-5782 | In Re Ramsey E. Clayter | 2025-10-02 | Denied | IFP | due-process ineffective-assistance involuntary-servitude probable-cause sixth-amendment subject-matter-jurisdiction | 1. Whether court-appointed, counsel rendered ineffective assistance under the Sixth Amendment where counsel (a) sought to secure a guilty plea agains… | |
| 25-5789 | Joseph Anthony Barrett v. California | California | 2025-10-02 | Denied | IFP | criminal-procedure fourteenth-amendment implicit-bias juror-bias jury-selection sixth-amendment | When a charged crime occurs within prison walls, do the Sixth and Fourteenth Amendments require excusal for cause of prospective jurors who are employ… |
| 25-5765 | Markeisha Elliott v. Shannon Olds, Warden | Sixth Circuit | 2025-09-30 | Denied | IFP | certificate-of-appealability due-process habeas-corpus ineffective-assistance jury-instructions sixth-amendment | (l)(a) Whether the Sixth Circuit erred by denying a COA on the merits instead of deciding the "threshold inquiry" of whether a Petitioner has raised … |
| 25A364 | Jwan L. Hardin v. Indiana | Indiana | 2025-09-29 | Presumed Complete | attorney-client constitutional-rights due-process guilty-plea ineffective-assistance sixth-amendment | Question not identified. | |
| 25-5744 | Anthony Balducci v. Jerry Spatny, Warden | Sixth Circuit | 2025-09-26 | Denied | Response WaivedIFP | certificate-of-appealability due-process fourteenth-amendment habeas-corpus ineffective-assistance sixth-amendment | I. Whether a hearing in which a defendant seeks to withdraw a guilty plea, made at his first opportunity and before sentencing, at which he asserts in… |
| 25-334 | Satyasheel S. Korpe v. United States | Fourth Circuit | 2025-09-22 | Denied | Response Waived | article-iii driving-while-intoxicated jury-trial probation-conditions second-amendment-rights sixth-amendment | 1. Does the Sixth Amendment and Article III, Section 2, Clause 3 of the Constitution, guarantee a defendant charged with Driving While Intoxicated the… |
| 25A320 | Phillip Michael Giles v. Chadwick Dotson, Director, Virginia Department of Corrections | Fourth Circuit | 2025-09-19 | Presumed Complete | constitutional-rights effective-assistance legal-research prison-access sixth-amendment speedy-trial | Question not identified. | |
| 25-324 | Richard William Kleinhammer v. California | California | 2025-09-18 | Rehearing | Response WaivedRelisted (2) | actual-innocence due-process equal-protection fourteenth-amendment self-representation sixth-amendment | Self representation for a postconviction collateral appeal was denied applying People v. Scott as a policy which is at loggerheads with actual innocen… |
| 25-5659 | Ohio, ex rel. Ricardo Dodson v. Shelbie Smith, Warden | Ohio | 2025-09-16 | Denied | IFP | double-jeopardy due-process fourteenth-amendment jury-verdict sixth-amendment trial-procedure | 1. Can a trial court correct-Amend a jury's verdict that announced the wrong name upon reading the verdict, upon assenting to the verdict on polling, … |
| 25-5654 | Thomas Bradley v. United States | Sixth Circuit | 2025-09-16 | Denied | Response WaivedIFP | armed-career-criminal-act double-jeopardy fifth-amendment sentencing-enhancement shepard-documents sixth-amendment | Because harmless-error review of Erlinger error typically requires appellate judges to evaluate facts outside the record of conviction for the charged… |
| 25-5652 | Federico Jose Maldonado-Aleman v. United States | Fifth Circuit | 2025-09-16 | Denied | Response WaivedIFP | circuit-court conspiracy drug-distribution jury-trial sentencing-guidelines sixth-amendment | Whether the Fifth Circuit's decision that a defendant may be sentenced for drugs that he was not shown to have agreed to distribute violates the Court… |
| 25-5650 | Deangelus Thomas v. United States | Sixth Circuit | 2025-09-16 | Denied | Response WaivedIFP | armed-career-criminal-act criminal-procedure harmless-error sentencing-guidelines shepard-documents sixth-amendment | (1) Does the ACCA occasions-different inquiry, requiring a detailed, multi-factored analysis of the facts surrounding at least three prior offenses—fa… |
| 25-294 | Juan Carlos Sandoval-Rodriguez v. United States | Fourth Circuit | 2025-09-15 | Denied | Response Waived | constitutional-law criminal-procedure due-process jury-instructions reasonable-doubt sixth-amendment | Whether trial judges must define "reasonable doubt" for the jury upon the defendant's request. |
| 25A293 | Martin Renteria v. United States | Fifth Circuit | 2025-09-15 | Presumed Complete | arrest-warrant criminal-procedure ineffective-assistance probable-cause search-warrant sixth-amendment | Question not identified. | |
| 25-5621 | Ja'Kroi Allen Banks v. Texas | Texas | 2025-09-12 | Denied | IFP | critical-stage due-process ineffective-assistance plea-withdrawal pro-se-defendant sixth-amendment | Ja'Krai Banks filed an 11.07 on August 23, 2019. Banks received an affidavit from Private Investigator James McKay in March of 2020. Banks used McKay'… |
| 25-290 | Christopher Odeku v. Texas | Texas | 2025-09-12 | Pending | Response RequestedResponse WaivedRelisted (2) | confrontation-clause constitutional-law nurse-examiner sexual-assault sixth-amendment testimonial-evidence | Are a complainant's statements to a sexual assault nurse examiner (SANE) testimonial for purposes of the Sixth Amendment's Confrontation Clause? |
| 25-5608 | Gary Jordan v. United States | Tenth Circuit | 2025-09-11 | Pending | Response RequestedResponse WaivedRelisted (2)IFP | collateral-review government-misconduct guilty-plea ineffective-assistance sixth-amendment structural-error | I. Can a defendant collaterally attack his guilty plea via 28 U.S.C. § 2255 as unconstitutional based on surreptitious pre-plea government misconduct … |
| 25-288 | Vinaykumar Patel v. United States | Third Circuit | 2025-09-11 | Denied | Response Waived | confrontation-clause federal-rules-of-evidence fifth-amendment hearsay-evidence law-enforcement-testimony sixth-amendment | 1. Whether the introduction of speculative lay opinion by a law enforcement officer, asserting a staged robbery without personal knowledge or expert… |
| 25-262 | Aleksandr Pikus v. United States | Second Circuit | 2025-09-08 | Denied | Response Waived | appellate-review legislative-compromise presumptive-prejudice prosecutorial-neglect sixth-amendment speedy-trial-act | Whether this Court should exercise its supervisory power to correct the Second Circuit's failure "to ensure that the purposes of the [Speedy Trial] Ac… |
| 25-5579 | Kevin Marvell Jackson v. United States | Tenth Circuit | 2025-09-08 | Denied | Response WaivedIFP | criminal-trial due-process fifth-amendment judicial-coercion jury-instructions sixth-amendment | Whether the district violate d petitioner's Fifth and Sixth Amendment rights to due process and a fair trial by issuing repeated instructions that for… |
| 25A262 | Vincent Cannady v. United States | Second Circuit | 2025-09-04 | Presumed Complete | due-process judicial-bias settlement-negotiations sixth-amendment subject-matter-jurisdiction venue-challenge | Question not identified. | |
| 25-5537 | Benito M. Valdez v. United States | District of Columbia | 2025-09-03 | Denied | IFP | constitutional-rights courtroom-access judicial-discretion public-trial sixth-amendment trial-procedure | Is the Sixth Amendment right to a "public trial" violated where the trial court—for the stated purpose of keeping the proceedings private rather than … |
| 25-247 | Charles L. Payne, II v. Ohio | Ohio | 2025-09-03 | Denied | criminal-procedure due-process fourteenth-amendment prosecutorial-vouching sixth-amendment witness-credibility | Under the Sixth and Fourteenth Amendments to the United States Constitution, a defendant has a right against a prosecutor or law enforcement vouching … | |
| 25A253 | Patrick Miller Webb, Jr. v. United States | Eighth Circuit | 2025-09-02 | Presumed Complete | controlled-substance criminal-conviction federal-sentencing fifth-amendment pro-se sixth-amendment | Question not identified. | |
| 25-241 | Jason Arthur Aho v. Florida | Florida | 2025-08-29 | Denied | Response Waived | evidence-suppression fourteenth-amendment fourth-amendment ineffective-assistance sixth-amendment strickland-standard | I. Whether the trial court's summary denial of Petitioner's facially sufficient ineffective assistance of counsel claim without an evidentiary hear… |
| 25A239 | Demeccio Caston v. Louisiana | Louisiana | 2025-08-29 | Presumed Complete | confrontation-clause crawford-precedent criminal-procedure hearsay sixth-amendment testimonial-evidence | In Petitioner's case, the Louisiana Fourth Circuit Court of Appeals announced a change in prior law that inculpatory hearsay statements made by witnes… | |
| 25-231 | Jon Wynn Jarrard, Sr. v. Wilfredo Martell, Warden | Fourth Circuit | 2025-08-28 | Denied | Response Waived | confrontation-clause due-process false-testimony fourteenth-amendment ineffective-assistance sixth-amendment | 1. Was the conviction obtained through the use of what the Solicitor knew, or should have known to be false testimony, and did the Solicitor fail to c… |
| 25A230 | Clyde Wendell Smith v. Mississippi | Mississippi | 2025-08-27 | Presumed Complete | eighth-amendment fourteenth-amendment habeas-corpus mississippi-supreme-court sixth-amendment successive-postconviction | Question not identified. | |
| 25-5488 | Missouri, ex rel. Ricardo Williams v. Thomas C. Albus, Interim United States Attorney | Missouri | 2025-08-27 | Denied | IFP | constitutional-rights criminal-procedure domestic-assault due-process protection-order sixth-amendment | Where the State violate the Fifth, Sixth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty… |
| 25A224 | Thomas Mitchell Overton v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2025-08-26 | Presumed Complete | brady-disclosure dna-evidence habeas-corpus ineffective-assistance sixth-amendment standard-of-review | Question not identified. | |
| 25-222 | Victor Everette Silvers v. United States | Sixth Circuit | 2025-08-25 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | criminal-procedure fifth-amendment judicial-notice maritime-jurisdiction sixth-amendment trial-by-jury | Certain federal criminal offenses under Title 18 of the United States Code, including under § 1(b) (murder), § 1113 (attempted murder or manslaughter)… |
| 25-5426 | Reginald Bertram Johnson v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2025-08-22 | Denied | Response WaivedRelisted (2)IFP | appellate-review confrontation-clause constitutional-rights fair-trial sixth-amendment trial-court | The following question stems from the Eleventh Circuit Court of Appeals' Published Opinion regarding claims asserted by Mr. Johnson. 1. Whether the U… |
| 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… | |
| 25-5440 | Curtis Windom v. Florida, et al. | Florida | 2025-08-22 | Denied | IFP | constitutional-protections due-process eighth-amendment litigation-schedule public-conscience sixth-amendment | 1. Whether the "evolving standards of decency" test, which has been recognized for Eighth Amendment protections, should be used to analyze other const… |
| 25-5442 | Jaron Burnett v. United States | Third Circuit | 2025-08-22 | Pending | Response RequestedResponse WaivedRelisted (5)IFP | fifth-amendment imprisonment jury-right revocation-proceeding sixth-amendment supervised-release | Whether the Fifth and Sixth Amendment jury right applies to supervised release revocation proceedings that impose a term of imprisonment beyond the ma… |
| 25A213 | In Re Gavin B. Davis | Fifth Circuit | 2025-08-22 | Presumed Complete | 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… | |
| 25A205 | Stephen Buyer v. United States | Second Circuit | 2025-08-20 | Presumed Complete | constitutional-limitation electronic-trading insider-trading sixth-amendment stock-exchange venue | Question not identified. | |
| 25A203 | Derrick Lorenzo Casey v. United States | Fourth Circuit | 2025-08-20 | Presumed Complete | armed-career-criminal drug-offense fifth-amendment plain-error-review sentencing-enhancement sixth-amendment | Question not identified. | |
| 25-5405 | Lamont Coleman v. United States | Seventh Circuit | 2025-08-19 | Denied | Amici (1)Response WaivedIFP | criminal-sentencing double-jeopardy fifth-amendment judicial-discretion jury-acquittal sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 25-5398 | Ricky L. Miller, Jr. v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. | Third Circuit | 2025-08-19 | Rehearing | Relisted (2)IFP | constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial sixth-amendment | (1) DID THE THIRD CIRCUIT COURT OF APPEALS IN VIOLATION OF A MYRIAD OF SUPREME COURT SIXTH AMENDMENT RIGHT TO TRIAL BY JURY PRECEDENTS MISAPPREHEND … |
| 25-5389 | Steven Pitts v. New York | New York | 2025-08-18 | Denied | IFP | constitutional-rights criminal-sentencing factual-findings jury-trial prior-incarceration sixth-amendment | Whether the Sixth Amendment right to a jury trial applies to factual findings regarding the length of a defendant's prior incarceration and the date o… |
| 25A189 | Mawule Tepe v. Whirlpool Corporation, et al. | Sixth Circuit | 2025-08-15 | Presumed Complete | due-process federal-jurisdiction legal-practice removal-jurisdiction sixth-amendment state-court-removal | 1. Whether Applicant is not only entitled to a preliminary injunction enjoining the proceeding pending before the U.S. District Court for Eastern Dist… | |
| 25-5374 | Artez Hammonds v. Alabama | Alabama | 2025-08-15 | Denied | IFP | circuit-split due-process jury-instructions prosecutorial-misconduct self-incrimination sixth-amendment | 1. Given an expanding circuit, and now state court, split regarding whether, under Griffin v. California, 380 U.S. 609 (1965) and Carter v. Kentucky,… |
| 25-5350 | Monica Curtis v. Justice Court of the North Las Vegas Township, Clark County, Nevada | Nevada | 2025-08-13 | Denied | IFP | civil-rights employment-discrimination fifth-amendment fourteenth-amendment sixth-amendment sovereign-immunity | If a state asserts sovereign immunity against a civil rights complaint, should the court accept the submission as the state, "Pleading the Fifth," and… |
| 25-176 | Tristram Heinz v. City of Philadelphia Bureau of Administrative Adjudication | Pennsylvania | 2025-08-13 | Denied | constitutional-rights due-process fifth-amendment fourteenth-amendment sixth-amendment speed-camera | 1. Whether Section 3370 of the Pennsylvania Motor Vehicle Code, 75 Pa.C.S. § 3370, the Automated Speed Camera Enforcement Program, and an implementing… | |
| 25-5333 | Mark William Sain v. United States | Sixth Circuit | 2025-08-12 | Denied | Response WaivedIFP | armed-career-criminal-act fifth-amendment harmless-error plea-proceeding sentencing-enhancement sixth-amendment | I. When harmless-error review of Erlinger error requires consideration by appellate judges of facts neither intrinsic to nor relevant to the finding o… |
| 25-166 | Jose Joya Parada, Oscar Armando Sorto Romero, Milton Portillo Rodriguez, and Juan Carlos Sandoval Rodriguez v. United States | Fourth Circuit | 2025-08-12 | Denied | Amici (6)Response RequestedResponse WaivedRelisted (2) | constitutional-interpretation criminal-procedure jury-size jury-trial-right nonunanimous-jury sixth-amendment | Whether the Court should overrule Williams v. Florida, 399 U.S. 78 (1970). |
| 25-5311 | Winston Sylvester Oliver, II v. United States | Fourth Circuit | 2025-08-08 | Denied | Response WaivedIFP | abuse-of-discretion constitutional-rights de-novo-review fifth-amendment sixth-amendment witness-testimony | 1. Whether a District Court's decision allowing a witness called by a criminal defendant to refuse to testify based on his claimed Fifth Amendment pri… |
| 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. | |
| 25-5278 | Reynaldo Alberto Peña v. Texas | Texas | 2025-08-05 | Denied | Response WaivedIFP | compulsory-process confrontation-clause due-process fourteenth-amendment polygraph-evidence sixth-amendment | If a Trial Court admitted into evidence inculpatory statements made by a defendant during the post-interview portion of a polygraph examination, but e… |
| 25-5282 | Jackson Daniel Bowers v. United States | Ninth Circuit | 2025-08-05 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process jury-trial sixth-amendment supervised-release | In United States v. Haymond , 139 S. Ct. 2369 (2019) , a 4-1-4 decision, this Court left undecided the question of how the Sixth Amendment's jury -tri… |
| 25-5264 | Craig Alan Sandhaus v. Florida | Florida | 2025-08-04 | Denied | Response WaivedIFP | fourteenth-amendment ineffective-assistance jury-instruction nondeadly-force sixth-amendment trial-counsel | Whether the Petitioner's Sixth and Fourteenth Amendment rights were violated when his trial attorneys failed to request a jury instruction on the just… |
| 25-5254 | Xena Ames v. Federal Express Corporation | Seventh Circuit | 2025-08-01 | Denied | Relisted (2)IFP | appellant-court compulsory-process constitutional-rights district-court due-process sixth-amendment | 1.) Whether the denial by the District Court and Appellant Court of compulsory process violated petitioners rights under the Sixth Amendment to the Un… |
| 25-5249 | Barry Gordon Croft, Jr. v. United States | Sixth Circuit | 2025-07-31 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-right entrapment-defense evidence-rules fifth-amendment harmless-error sixth-amendment | 1. Did the district court deny Petitioner's constitutional right to present a defense, and thereby commit a trial error of constitutional dimension, w… |
| 25A125 | Markeisha Elliott v. Shannon Olds, Warden | Sixth Circuit | 2025-07-30 | Presumed Complete | criminal-procedure due-process ineffective-assistance jury-instructions murder-conviction sixth-amendment | Question not identified. | |
| 25-5240 | Jason Shortridge v. United States | Fourth Circuit | 2025-07-30 | Denied | Response WaivedIFP | child-pornography computer-evidence expert-witness-disclosure government-disclosure sixth-amendment trial-continuance | I. Whether a district court abuses its discretion by continuing a case following the Government's late disclosure of an expert witness whose testimony… |
| 25-5230 | Victor Samuel Brito v. United States | Ninth Circuit | 2025-07-29 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment jury-instruction necessity-defense sixth-amendment | Whether the Fifth and Sixth Amendments guarantee a criminal defendant the right to have a jury consider and give effect to a necessity defense when th… |
| 25-100 | Javier Enrique Barraza-Miranda v. United States | Fifth Circuit | 2025-07-28 | Denied | Response Waived | circuit-review due-process extraterritorial-action government-liability sixth-amendment speedy-trial | The Fifth Circuit erred when they decided that the United States Government's failure to take actions outside of the United States did not jeopardize … |
| 25-5204 | Mario Onesimo Gonzalez v. United States | Ninth Circuit | 2025-07-28 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure drug-evidence expert-testimony hearsay sixth-amendment | Whether a drug value "expert" contravenes the Confrontation Clause and Smith v. Arizona, 602 U.S. 779 (2024), when her testimony about the value of dr… |
| 25-5212 | Jacquel O'Neal v. Texas | Texas | 2025-07-28 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure effective-assistance jury-instruction sixth-amendment statutory-defense | Does the Sixth Amendment's guarantee of effective assistance of counsel require an attorney to request a jury instruction on the sole statutory defens… |
| 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… |
| 25A101 | John Allen Rubio v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2025-07-24 | Presumed Complete | capital-murder eighth-amendment false-testimony habeas-corpus ineffective-assistance sixth-amendment | Question not identified. | |
| 25A93 | Kevin Don Foster v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2025-07-23 | Presumed Complete | constitutional-violations death-penalty eighth-amendment fourteenth-amendment ineffective-assistance sixth-amendment | Question not identified. | |
| 25-5180 | Sherrod Anthony Wright v. Florida | Florida | 2025-07-23 | Denied | Response WaivedIFP | criminal-procedure defendant-rights jury-trial sixth-amendment state-court waiver | Whether the ancient right enshrined in the Sixth Amendment to trial by a twelve-member jury applies to a state court trial for major felonies where th… |
| 25-5179 | Gerald Lynn Campbell v. United States | Sixth Circuit | 2025-07-23 | Denied | Response WaivedIFP | armed-career-criminal-act erlinger-error guilty-plea harmless-error-review sentencing-enhancement sixth-amendment | This case presents two important questions that impact countless defendants and have divided circuit judges. After Gerald Campbell pled guilty to bei… |
| 25-5176 | Mario Gabriel Rodgers v. United States | Fifth Circuit | 2025-07-23 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process fifth-amendment sixth-amendment statutory-interpretation | Does 18 U.S.C. § 3583(g) comport with the Fifth and Sixth Amendments? |
| 25-5171 | Reginald Hitchcock v. United States | Sixth Circuit | 2025-07-22 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure due-process evidentiary-hearing hearsay-evidence sixth-amendment | 1. whether The Person's Who Supplied The Hearsay Statement That Amounted to Probable Cause En A Affidavit ov Search Warrant Need To Be Reliable © 2. … |
| 25A80 | Dimitry Kuperschmidt v. Jeff Angradi, Chief Probation Officer, et al. | Third Circuit | 2025-07-21 | Presumed Complete | certificate-of-appealability constitutional-right due-process ineffective-assistance sixth-amendment strickland-standard | Question not identified. | |
| 25-72 | James Randall Moehle v. Florida | Florida | 2025-07-21 | Denied | Response WaivedRelisted (3) | constitutional-mandate criminal-procedure felony-trial jury-composition sixth-amendment williams-precedent | Whether this Court should reevaluate its decision in Williams v. Florida, 399 U.S. 78 (1970), and hold that twelve-person juries are constitutionally … |
| 25-5141 | Dedric Mayfield v. United States | Tenth Circuit | 2025-07-17 | Denied | Response WaivedIFP | due-process fair-trial felony-conviction firearm-prohibition second-amendment sixth-amendment | 1. Whether the Second Amendment lets the federal government prohibit people, including Mr. Mayfield, from possessing any firearms for life based only … |
| 25-5137 | Joel Salcedo v. United States | Ninth Circuit | 2025-07-17 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process habeas-corpus sixth-amendment speedy-trial | Whether Mr. Salcedo was deprived of his right to a speedy trial in violation of his Sixth Amendment Guarantee by the United States Constitution. |
| 25A68 | Jacquel O'Neal v. Texas | Texas | 2025-07-17 | Presumed Complete | effective-assistance-of-counsel habeas-corpus jury-instruction sexual-assault-of-child sixth-amendment texas-penal-code | Question not identified. | |
| 25-5127 | John W. Biddle v. Administrator, New Jersey State Prison, et al. | Third Circuit | 2025-07-16 | Denied | Response WaivedIFP | due-process fifth-amendment fourth-amendment identification-procedures prosecutorial-misconduct sixth-amendment | 1). Whether the Out-of-Court Identification Procedures violated Petitioner's Due Process Right under Neil v. Biggers, 409 U.S. 188 (1972); Manson v. B… |
| 25-5122 | Raheem Brown v. United States | Third Circuit | 2025-07-16 | Denied | Response WaivedIFP | criminal-procedure fair-trial fourteenth-amendment ineffective-assistance-of-counsel right-to-testify sixth-amendment | Is a criminal defendant's Sixth and Fourteenth Amendment right to testify and to receive a fair trial abridged where trial counsel announces to the ju… |
| 25-5111 | Omar Agor, Jr. v. United States | Ninth Circuit | 2025-07-15 | Denied | Response WaivedIFP | constitutional-rights courtroom-closure judicial-discretion procedural-interpretation public-trial sixth-amendment | Is there an exception to the Sixth Amendment's right to a public trial for a closure of the courtroom during a criminal trial that the district and ci… |
| 25-5099 | Franklin Ray v. United States | Second Circuit | 2025-07-15 | Denied | Response WaivedIFP | actual-innocence appeal-waiver due-process plea-agreement sixth-amendment statutory-interpretation | After this Court re-interpreted the Aggravated Identity Theft statute in Dubin v. United States, 599 U.S. 110, 132 (2023), Petitioner was factually in… |
| 25-5071 | Martez Dion Mason v. Jeff Tanner, Warden | Sixth Circuit | 2025-07-10 | Denied | Response WaivedIFP | assault-with-intent-to-murder due-process ineffective-assistance-of-counsel offense-variables sixth-amendment transferred-intent | I. Was the evidence insufficient to find Petitioner guilty beyond a reasonable doubt for assault with intent to commit murder on the theory of transfe… |
| 25-5079 | Leon Carter v. Bradley Mlodzik, Warden | Seventh Circuit | 2025-07-10 | Denied | IFP | counsel-deprivation ex-parte-communication fourteenth-amendment habeas-corpus jury-instruction sixth-amendment | 1. Should a writ of habeas corpus issue when a bailiff reinstructed the jury in a criminal trial by directing it to continue deliberating until it rea… |
| 25-5076 | Shomari Legghette v. Illinois | Illinois | 2025-07-10 | Denied | Response WaivedIFP | appellate-representation constructive-denial criminal-procedure due-process ineffective-assistance sixth-amendment | I. Whether defense Counsel's absence at a critical stage constructively denied representation as guaranteed by the sixth amendment. II. Whether appoi… |
| 25-5075 | Mark Jabben v. Texas | Texas | 2025-07-10 | Denied | IFP | character-evidence confrontation-clause due-process expert-testimony sixth-amendment trial-procedure | 1. Should the Court of Criminal Appeal's overturn the verdict because there was insufficent evidence of culpability ? 2. Did the State Court violate… |
| 25-5048 | Jeremy Wayne Holt v. Oklahoma | Oklahoma | 2025-07-08 | Denied | IFP | criminal-procedure discovery-violation due-process hearsay-evidence sixth-amendment speedy-trial | 1. Does a delay of seven years from alleged criminal act to trial trigger the presumption of prejudice under Doggett v. United States, 505 U.S. 647 (1… |
| 25A34 | Steven Pitts v. New York | New York | 2025-07-08 | Presumed Complete | apprendi-rule jury-right prior-conviction sentencing-enhancement sixth-amendment tolling-period | The question presented is whether, under Apprendi v. New Jersey, 530 U.S. 466 (2000) and Erlinger v. United States, 602 U.S. 821 (2024), the purported… | |
| 25A16 | Thomas Bradley v. United States | Sixth Circuit | 2025-07-07 | Presumed Complete | armed-career-criminal-act constitutional-error harmless-error-review jury-trial sentencing-enhancement sixth-amendment | Question not identified. | |
| 25-5041 | Geovani Hernandez v. United States | Fifth Circuit | 2025-07-07 | Denied | Response WaivedIFP | appellate-review due-process harmless-error mandate-recall sixth-amendment statutory-interpretation | 1. Whether a court of appeals violates- due process by declining to recall a mandate where a petitioner demonstrates that he was convicted of a non-e… |
| 25-5029 | Damon D. Williams v. United States | Eighth Circuit | 2025-07-03 | Denied | Response WaivedIFP | abuse-of-discretion attempted-robbery criminal-procedure fifth-amendment sentencing-guidelines sixth-amendment | I. When imposing maximum , consecutive sentenc es for two convictions for attempted interference with commerce by robbery (18 U.S.C. § 1951) —aris… |
| 25-5024 | Roy Glenn Reay v. Seth Norris, Warden | Wyoming | 2025-07-03 | Denied | Response WaivedIFP | burden-of-proof due-process fourteenth-amendment kidnapping-statute sentencing-enhancement sixth-amendment | The Wyoming Supreme Court has consistently decided an important federal question in a way that conflicts with the decision of other state courts of la… |
| 25-5023 | Mychal Andra Reed v. Superior Court of California, San Diego County, et al. | California | 2025-07-02 | Denied | Relisted (2)IFP | court-appointed-counsel post-conviction-relief pro-se-representation procedural-rights racial-justice-act sixth-amendment | 1) Can the Superior court rightfully force petitioner to except court appointed counsel for his P.C.. Section 745(a) RACIAL Justice Act proceedings th… |
| 25-5014 | Phillip R. Durachinsky v. United States | Sixth Circuit | 2025-07-02 | Denied | Response WaivedIFP | competency-hearing critical-stages defense-counsel due-process effective-advocacy sixth-amendment | Where defense counsel reasonably believes that their client may be incompetent, but the defendant disagrees, does the Sixth Amendment require a distri… |
| 25-5005 | Tawsif Tajwar v. United States | Sixth Circuit | 2025-07-01 | Denied | Response WaivedIFP | cumulative-error evidence-suppression jury-instructions mental-state sixth-amendment trial-court | Whether a determinative response by the trial court to a jury question posed during deliberation regarding a question of fact results in prejudice to … |
| 25A8 | Jose Joya Parada, Oscar Armando Sorto Romero, Milton Portillo Rodriguez, and Juan Carlos Sandoval Rodriguez v. United States | Fourth Circuit | 2025-07-01 | Presumed Complete | constitutional-interpretation criminal-trial jury-composition jury-size sixth-amendment williams-v-florida | Question not identified. | |
| 24-7522 | Rachael Lynn Boehme v. Oregon | Oregon | 2025-06-30 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel pro-se-representation sixth-amendment | When trial court would neither agree to relieve defense counsel, even after he took positions that were plainly adverse to his client, nor permit the … |
| 24-7516 | Darrell Allen Hess v. Oklahoma | Oklahoma | 2025-06-26 | Denied | IFP | counsel-denial fraud-on-court habeas-corpus procedural-bars sixth-amendment state-ground | 1. Whether Oklahoma's application of its successive postconviction procedural bars (22 O.S. §§ 1086,1080.1) constitutes an adequate and independent st… |
| 24-7495 | Jose Mario Lopez Carrillo v. Karin Arnold, Superintendent, Stafford Creek Corrections Center, et al. | Ninth Circuit | 2025-06-25 | Rehearing | Response WaivedRelisted (2)IFP | brady-violation constitutional-rights due-process fourteenth-amendment ineffective-assistance sixth-amendment | 1. Whether fail to provide Discover was ineffectice assistance of Counsel ? 2. Whether the indictment of information-was deficient by laking elements… |
| 24-7493 | Christopher David Harrell v. Seth Norris, Warden | Wyoming | 2025-06-25 | Denied | Response WaivedIFP | burden-of-proof due-process fourteenth-amendment kidnapping-statute sentencing-enhancement sixth-amendment | The Wyoming Supreme Court has consistently decided an important federal question in a way that conflicts with the decision of other state courts of la… |
| 24-7486 | Bruce Stroud v. United States | Fifth Circuit | 2025-06-24 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-sentencing fact-finding fifth-amendment jury-trial restitution-order sixth-amendment | Whether a restitution order imposed as part of a federal criminal sentence and based on fact-findings made by the district court, rather than the jury… |
| 24A1272 | Benito M. Valdez v. United States | District of Columbia | 2025-06-23 | Presumed Complete | first-amendment husher jury-selection public-trial sixth-amendment voir-dire | Question not identified. | |
| 24A1265 | Charles L. Payne, II v. Ohio | Ohio | 2025-06-23 | Presumed Complete | due-process fourteenth-amendment harmless-error prosecutorial-misconduct sixth-amendment witness-vouching | Does a trial court violate a defendant's rights under the Sixth and Fourteenth Amendments when it permits prosecutorial and police vouching for a witn… | |
| 24-7446 | Telly Royster v. Joseph Terra, Superintendent, State Correctional Institution at Phoenix, et al. | Third Circuit | 2025-06-17 | Denied | IFP | criminal-procedure due-process habeas-corpus ineffective-assistance mental-health sixth-amendment | Whether the failure to consider trial counsel's mental health issues in evaluating the effectiveness of counsel constitutes a violation of the Sixth A… |
| 24-7450 | Zachery James Edward Rowe v. United States | Ninth Circuit | 2025-06-17 | Denied | Response WaivedIFP | buyer-seller-rule complete-defense criminal-procedure drug-conspiracy jury-instruction sixth-amendment | Whether the Ninth Circuit's decision affirming the refusal to give a buyer-seller instruction in a drug conspiracy case conflicts with this Court's … |
| 24-1279 | Frank J. Anderson, Jr. v. New Jersey | New Jersey | 2025-06-16 | Denied | Relisted (2) | criminal-procedure double-jeopardy due-process fifth-amendment sentencing-modification sixth-amendment | Does the New Jersey judicial process, by (1) preparing the judgment of conviction in the petitioner's absence, (2) departing from the orally pronounce… |
| 24-7425 | Joshua Sutherland v. United States | Fifth Circuit | 2025-06-13 | Denied | Response WaivedIFP | circuit-split constitutional-challenge federal-statute second-amendment sixth-amendment statutory-interpretation | Does 18 U.S.C. §922(g)(1) comport with the Second Amendment? Does 18 U.S.C. §3583(g) comport with the Sixth Amendment? |
| 24A1227 | Victor Everette Silvers v. United States | Sixth Circuit | 2025-06-12 | Presumed Complete | beyond-reasonable-doubt criminal-jurisdiction judicial-notice jury-trial sixth-amendment special-maritime-jurisdiction | 1. This case presents an important question regarding a criminal defendant's right to a jury trial guaranteed by the Fifth and Sixth Amendments to the… | |
| 24-7399 | Lake Robinson v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2025-06-11 | Denied | Response WaivedIFP | constitutional-law ex-post-facto fourteenth-amendment ineffective-assistance sixth-amendment stand-your-ground | 1. Defense Counsel was ineffective for failing to request a pretrial immunity hearing based on erroneous reasoning that Appellant was not entitled to … |
| 24-7393 | Walter Aceituno v. United States | First Circuit | 2025-06-10 | Denied | Response WaivedIFP | coram-nobis effective-assistance-counsel immigration-consequences padilla-standard permanent-ban sixth-amendment | 1) Mr. Aceituno, a lawful permanent resident, was advised by his attorney that as a result of his guilty pleas to aggravated felonies in a drug case, … |
| 24-7394 | Edwin D. Calligan v. United States | Seventh Circuit | 2025-06-10 | Denied | Response WaivedIFP | certificate-of-appealability fourteenth-amendment ineffective-assistance judicial-disqualification procedural-grounds sixth-amendment | 1. ) Whether jurists of reason would find it debatable that a Certificate of Appealability ("COA") should have been issued under Slack v. McDaniel , … |
| 24-7370 | Jonathan Davis v. United States | Eighth Circuit | 2025-06-06 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-rights criminal-procedure implied-bias juror-disqualification jury-impartiality sixth-amendment | I. Does the Constitution require selected jurors to be free from implied bias? II. What standards should apply when assessing an implied bias claim? … |
| 24-1235 | Suliang Bu v. Missouri | Missouri | 2025-06-04 | Denied | Response Waived | criminal-procedure cross-section-of-community due-process fourteenth-amendment jury-trial-waiver sixth-amendment | Whether, consistent with the Sixth and Fourteenth Amendments, a waiver of the right to a jury trial is intelligent when the record does not show the d… |
| 24-7353 | Jose Trinidad Martinez Santoyo v. Lasha Boyden, former United States Marshal for the Eastern District of California, et al. | Ninth Circuit | 2025-06-04 | Denied | Response WaivedIFP | criminal-procedure extradition international-law sixth-amendment speedy-trial treaty-interpretation | Under the terms of the United States-Mexico extradition treaty, is the Sixth Amendment Speedy Trial Clause a law of the United States that can bar a c… |
| 24-7344 | Sheterria Lanelle Jackson v. Florida | Florida | 2025-06-03 | Denied | Response WaivedIFP | constitutional-rights due-process ineffective-assistance motion-to-suppress sixth-amendment trial-court | I. DID THE TRIAL COURT ERR WHEN IT DENIED PETITIONER'S CLAIM THAT COUNSEL WAS INEFFECTIVE FOR FAILING TO CHALLENGE EVIDENCE PRESENTED AND FOR FAILING … |
| 24-7350 | Rusty James Driscoll v. United States | Eighth Circuit | 2025-06-03 | Denied | Response WaivedIFP | constitutional-rights discovery-material fifth-amendment inmate-rights local-rules sixth-amendment | 1. Whether District Court of South Dakota's Local Rules, 16.1 and 57.10, which restrict an inmate's ability to access and to personally possess his/he… |
| 24A1181 | Mark William Sain v. United States | Sixth Circuit | 2025-06-02 | Presumed Complete | armed-career-criminal-act double-jeopardy harmless-error jury-trial sixth-amendment structural-error | 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. | |
| 24-7320 | Luis Raul Vicente Fonseca v. United States | Eleventh Circuit | 2025-05-29 | Denied | Response WaivedIFP | covid-19-tolling fifth-amendment fourth-amendment judicial-emergency sixth-amendment speedy-trial | (1) U.S. Constitution violation by depriving Petitioner's rights contained in Amendment IV; V and VI. (2) Is a district court able, without invoking … |
| 24-7301 | Dennis J. Rydbom v. Jonathan Frame, Superintendent, Mount Olive Correctional Complex | Fourth Circuit | 2025-05-28 | Denied | Response WaivedIFP | assistance-of-counsel constitutional-rights defense-strategy hybrid-representation self-representation sixth-amendment | Rydbom sought self-representation to gain strategic control of his criminal defense. Judge Reed insisted that represented defendants already control t… |
| 24-7305 | Francis F. Joseph v. United States | Tenth Circuit | 2025-05-28 | Denied | Response WaivedIFP | complete-defense corporate-practice-of-medicine financial-transactions medical-regulation sixth-amendment state-compliance | Whether a criminal defendant's Sixth Amendment right to present a complete defense is violated when a federal court excludes evidence that a physician… |
| 24-7285 | Kirk Powell v. Louisiana | Louisiana | 2025-05-23 | Denied | Response WaivedIFP | co-defendant-statements confrontation-clause due-process fifth-amendment misjoinder sixth-amendment | 1. Where the trial of eleven counts of a fourteen count indictment against five defendants was based on circumstantial evidence, requiring over twenty… |
| 24-7252 | Issa L. Lamizana, Jr. v. Louisiana | Louisiana | 2025-05-20 | Denied | Response RequestedResponse WaivedRelisted (6)IFP | confrontation-clause due-process fourteenth-amendment jury-verdict ramos-unanimity sixth-amendment | 1. In a challeng e under Ramos v. Louisiana 590 U.S. 83, 140 S. Ct. 1390, 206 L. Ed. 2d 583 (2020), where the record is silent as to the votes on the … |
| 24-1166 | Luis Iram Miranda v. United States | Fifth Circuit | 2025-05-14 | Denied | Response Waived | conflict-of-interest constitutional-rights counsel-representation criminal-procedure due-process sixth-amendment | District courts and parties in criminal cases do not have a standard way to address conflicts of interest when a defendant's attorney has previously r… |
| 24-7190 | Danny Lee Jones v. Ryan Thornell, Director, Arizona Department of Corrections | Ninth Circuit | 2025-05-13 | Dismissed | IFP | cumulative-prejudice habeas-corpus ineffective-assistance sixth-amendment strickland-standard trial-counsel | Whether the Sixth Amendment requires a court reviewing an ineffective assistance-of-counsel claim to consider the cumulative prejudice stemming from t… |
| 24-7193 | Steven Douglas Rockett v. United States | Ninth Circuit | 2025-05-13 | Denied | Response WaivedIFP | due-process duplicitous-charge indictment-dismissal ineffective-assistance sixth-amendment vagueness | Did the district court err in concluding that petitioner received effective assistance of counsel under the Sixth Amendment when petitioner's trial co… |
| 24-7181 | Robert Carl Sharp v. United States | Eighth Circuit | 2025-05-12 | Denied | Response WaivedIFP | circuit-split conflict-of-interest ineffective-assistance-counsel post-conviction-relief sentencing-enhancement sixth-amendment | Does the standard in Cuyler v. Sullivan, 446 U.S. 335 (1980), which requires only a showing that a conflict of interest adversely affected counsel's p… |
| 24-7185 | Wayne Johnson v. First District Appellate Project, et al. | California | 2025-05-12 | Denied | Response WaivedIFP | attorney-fiduciary-duty confidential-communications criminal-defendant fourteenth-amendment public-defender sixth-amendment | Whether an attorney appointed at public expense has a fiduciary duty to a criminal defendant to not disclose confidential communications in an environ… |
| 24-7146 | Anida Gilowski v. United States | Fifth Circuit | 2025-05-07 | Denied | Response WaivedIFP | criminal-proceedings due-process fair-trial fifth-amendment property-forfeiture sixth-amendment | I . WHETHER THE PETITIONER 'S FIFTH AMENDMENT RIGHT TO DUE PROCESS AND HER SIXTH AMENDMENT RIGHT TO A FAIR TRIAL OR PROCEEDINGS WERE VIOLATED WHEN … |
| 24-7139 | David Little v. Georgia | Georgia | 2025-05-06 | Denied | IFP | confrontation-clause criminal-procedure cross-examination due-process hearsay sixth-amendment | A Whether the Trial Court violated Sixth Amendment Right to Confrontation by Admitting the deceased Neg wiehad" diary— Which Contained testimonial Sta… |
| 24-7145 | Jeffery Day Rieber v. John Q. Hamm, Commissioner, Alabama Department of Corrections | Eleventh Circuit | 2025-05-06 | Denied | IFP | capital-sentencing ineffective-assistance intent intoxication jury-trial sixth-amendment | 1. Did trial counsel render ineffective assistance of counsel at the guilt phase by failing to pursue a theory that Mr. Rieber lacked the requisite in… |
| 24-7096 | Timothy Wayne Calhoun v. Louisiana | Louisiana | 2025-04-29 | Denied | IFP | constitutional-rights criminal-procedure due-process fourteenth-amendment non-unanimous-jury sixth-amendment | 1. As there are conflicting decisions amongst state courts of last resort concerning a constitutional issue, in accordance with Rule X(h), this matter… |
| 24-7076 | Delowar Mohammed Hossain v. United States | Second Circuit | 2025-04-25 | Denied | Response WaivedIFP | classified-information criminal-defendant-rights due-process effective-assistance-of-counsel fifth-amendment sixth-amendment | Whether a Fifth Amendment Due Process, or a Sixth Amendment effective assistance of counsel, claim arises when security-cleared defense counsel are no… |
| 24-7058 | Todd Cannady v. United States | Ninth Circuit | 2025-04-23 | Denied | Response WaivedIFP | certificate-of-appealability due-process fifth-amendment habeas-corpus sentencing-guidelines sixth-amendment | Was the Petitioner's Fifth Amendment Due Process rights violated when the Ninth Circuit denied his Certificate of Appealability petition for a procedu… |
| 24-7059 | Dennis L. Magee v. Louisiana | Louisiana | 2025-04-23 | Denied | Response WaivedIFP | aggravated-rape constitutional-rights criminal-procedure fourteenth-amendment non-unanimous-jury sixth-amendment | 1. As there are conflicting decisions amongst state courts of last resort concerning a constitutional issue, in accordance with Rule X(b), this matter… |
| 24-7052 | Michael Lynn Ashford v. United States | Eighth Circuit | 2025-04-22 | Denied | Response WaivedIFP | acquitted-conduct constitutional-rights due-process fifth-amendment sentencing-guidelines sixth-amendment | Whether the District Court should be able to utilize acquitted conduct in determining the advisory Guidelines and in reaching an appropriate sentence … |
| 24-7054 | Oscar J. Martinez-Hernandez v. United States | First Circuit | 2025-04-22 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | circuit-split confrontation-clause due-process federal-rules-of-evidence hearsay-evidence sixth-amendment | I. WHETHER ADMISSION OF UNCORROBORATED HEARSAY UNDER FEDERAL RULE OF EVIDENCE 801(D)(2)(E), WITHOUT INDEPENDENT PROOF OF A CONSPIRACY OR EXTRINSIC COR… |
| 24-7029 | DeNeal Lee Smith v. Jeff Howard, Warden | Sixth Circuit | 2025-04-18 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process faretta-right self-representation sixth-amendment | Can a criminal defendant invoke his Sixth Amendment right to self-representation under Faretta after an equivocal request? Did the United States Cour… |
| 24-1084 | Steven M. Hohn v. United States | Tenth Circuit | 2025-04-17 | Denied | Amici (7) | attorney-client-privilege constitutional-rights legal-prejudice prosecutorial-misconduct sixth-amendment trial-procedure | Whether a prosecutor's intentional, unjustified intrusion into a defendant's attorney-client communications violates the Sixth Amendment without a sho… |
| 24-7018 | Roderick King v. United States | Third Circuit | 2025-04-17 | Denied | Response WaivedIFP | criminal-procedure due-process evidence-rules rule-16 sixth-amendment trial-rights | I."Whether The Goverment And The Panel Violates Petitioner's Due Process By Waiving His Direct Appeal Arguments By Purposefully Misstating His Argumen… |
| 24-7028 | Jeffrey Bowers v. Illinois | Illinois | 2025-04-17 | Denied | IFP | constitutional-rights fourth-amendment identification-procedure lineup-suppression probable-cause sixth-amendment | 1. Whether the suppression of identification was warranted on the grounds that the defendant did not recieve a timely post arrest determination for p… |
| 24-6990 | Abdul Kilgore v. United States | Sixth Circuit | 2025-04-15 | Denied | Response WaivedIFP | confrontation-clause hearsay-evidence procedural-reasonableness sentencing sixth-amendment supervised-release | 1. Whether the district court's reliance on hearsay evidence, including a complaining witness's video statement and photographic evidence, in a superv… |
| 24-6991 | Jessica L. Morris v. Jeremy Howard, Warden | Sixth Circuit | 2025-04-15 | Denied | IFP | constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment sixth-amendment | IS CERTIORARI APPROPRIATE BECAUSE PETITIONER WAS DENIED HER RIGHT TO PRESENT A DEFENSE IN VIOLATION OF US CONSTITUTIONAL AMENDMENTS V, VI AND XIV? IS… |
| 24-7003 | Hale R. Harris v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2025-04-15 | Denied | Response WaivedRelisted (2)IFP | constitutional-violation criminal-procedure habeas-corpus ineffective-assistance plea-bargaining sixth-amendment | 1) DOES THE FINDING THAT COUNSEL WAS INEFFECTIVE FOR FAILING TO CONVEY A PLEA ALLOW THE TRIAL COURT TO DO NOTHING TO CORRECT OR REMEDY THE CONSTITUTIO… |
| 24A983 | Delowar Mohammed Hossain v. United States | Second Circuit | 2025-04-15 | Presumed Complete | CIPA classified-information due-process material-support-terrorism need-to-know sixth-amendment | Question not identified. | |
| 24-1075 | Lecram Omari Sanders v. Virginia | Virginia | 2025-04-14 | Denied | Response Waived | after-discovered-evidence due-process fair-trial fourteenth-amendment jury-trial sixth-amendment | Whether the Supreme Court of Virginia erred in affirming the judgment of the Court of Appeals of Virginia, which affirmed the defendant's convictions … |
| 24-6980 | Redo Rolling v. United States | Sixth Circuit | 2025-04-11 | Denied | Response WaivedIFP | constitutional-rights due-process fair-trial habeas-corpus insufficient-evidence sixth-amendment | Question not identified. |
| 24-1071 | Jose Angel Garcia v. New Mexico, et al. | New Mexico | 2025-04-10 | Denied | Response Waived | criminal-procedure ineffective-assistance jury-instruction medical-evidence sixth-amendment trial-counsel | Whether Petitioner Garcia's Sixth Amendment right to counsel was deprived under the following circumstances: • By failing to call the pathologist who… |
| 24-6950 | Daontae T. Scott v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2025-04-09 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure due-process habeas-corpus ineffective-assistance sixth-amendment | (1) DOES TRIAL COUNSEL'S FAILURE TO INVESTIGATE, PROCURE EXCULPATORY EVIDENCE (SECURITY CAMERA FOOTAGE), OTHER INFORMATION FROM THE LOCATION CRIME SCE… |
| 24-6952 | David J. Rudometkin v. United States | Armed Forces | 2025-04-09 | Denied | Response WaivedIFP | all-writs-act appellate-defense-counsel court-of-appeals-for-armed-forces jurisdiction military-justice sixth-amendment | Whether the Court of Appeals for the Armed Forces (CAAF) has jurisdiction to deny appellate defense counsel assigned by U.S. Army Judge Advocate Gener… |
| 24-6933 | Mikal Mahdi v. Bryan Stirling, Director, South Carolina Department of Corrections | South Carolina | 2025-04-08 | Denied | IFP | capital-punishment childhood-trauma death-penalty ineffective-assistance mitigating-evidence sixth-amendment | Mikal Mahdi faces execution even though the mitigating evidence presented by his defense counsel filled barely 15 transcript pages. The state supreme … |
| 24-6940 | Tam Q. Le v. Tim Hooper, Warden | Fifth Circuit | 2025-04-08 | Denied | Response WaivedIFP | allen-charge constitutional-rights fifth-amendment fourteenth-amendment non-unanimous-jury sixth-amendment | 1. Reasonable jurists would determined that the trial court committed error in providing an Allen charge to the jury when they advised a deadlock and … |
| 24-6942 | John Sexton v. Florida | Florida | 2025-04-08 | Denied | IFP | capital-punishment court-witness harmless-error mitigation-specialist sixth-amendment structural-error | During John Sexton's capital penalty phase trial, after he presented his mitigation and rested, the trial court called the defense team's mitigation s… |
| 24-6947 | Harry Lee Goldsboro, II v. Florida | Florida | 2025-04-08 | Denied | IFP | criminal-procedure discovery-violation due-process habeas-corpus ineffective-assistance sixth-amendment | Question not identified. |
| 24-6937 | Anthony Craig Weimer v. Montana | Montana | 2025-04-07 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process first-amendment sixth-amendment supremacy-clause | 1. Whether the initial Court erred in holding that the Flathead County Commission's display on public property and the Guarantee Clause in the free ex… |
| 24-6932 | Michael Tanzi v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Florida | 2025-04-04 | Denied | IFP | death-penalty due-process eighth-amendment fourteenth-amendment jury-recommendation sixth-amendment | 1. Whether Florida may limit a penalty phase jury's role under the Sixth, Eighth, and Fourteenth Amendments based on Spaziano v. Florida, a case which… |
| 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… |
| 24-6905 | Jonathon William-Durand Neuhard v. United States | Sixth Circuit | 2025-04-01 | Denied | Response WaivedIFP | autism-representation criminal-defense diminished-capacity effective-assistance-counsel sentencing-mitigation sixth-amendment | WHETHER A TRIAL DEFENSE ATTORNEY, REPRESENTING AN ADULT AUTISTIC CRIMINAL DEFENDANT, WHO ENLISTS AS EXPERT WITNESSES TWO MENTAL HEALTH PROFESSIONALS W… |
| 24-1034 | Ulysses Charles Sneed v. Terry Raybon, Warden | Eleventh Circuit | 2025-03-28 | Denied | certificate-of-appealability circuit-split habeas-corpus ineffective-assistance merits-review sixth-amendment | Did the court of appeals err in denying petitioner's application for a COA as to his constitutional habeas claims where (i) a circuit judge found that… | |
| 24-6879 | Zachary Michael Linan v. United States | Fifth Circuit | 2025-03-27 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure fifth-amendment judicial-fact-finding sentencing-guidelines sixth-amendment | 1. Did the Fifth Circuit err in affirming the district court's application of U.S.S.G. § 2A1.2(a)(1) (Second Degree Murder) rather than § 2A2.2 (Aggra… |
| 24-6880 | Charles Christopher Wendell v. Florida | Florida | 2025-03-27 | Denied | IFP | due-process fourteenth-amendment ineffective-assistance prosecutorial-misconduct sixth-amendment witness-impeachment | GROUND ONE: WHETHER THE FAILURE TO ADEQUATELY IMPEACH A WITNESS, IN A WHOLLY CREDIBILITY CASE, CONSTITUTES A VIOLATION OF THE SIXTH AMENDMENT 'S GUA… |
| 24-6852 | Eric William Diaz v. Pennsylvania | Pennsylvania | 2025-03-26 | Denied | IFP | double-jeopardy legal-counsel plea-negotiation sentencing sexual-offense sixth-amendment | 1. - Whether the Pennsylvania State Courts violated the Double Jeopardy Clause of the Fifth Amendment by sentencing the Petitioner in accordance with… |
| 24-6850 | Philip Jude Moran v. Florida | Florida | 2025-03-25 | Denied | Response WaivedIFP | criminal-procedure due-process ineffective-assistance post-conviction-relief sixth-amendment strickland-standard | Whether the state appellate court misapplied this Court's prejudice standard set forth in Strickland v. Washington, 466 U.S. 668 (1984), when affirmin… |
| 24-1000 | In Re Michael Prete | 2025-03-20 | Denied | Relisted (2) | due-process eighth-amendment fifth-amendment first-amendment fourth-amendment sixth-amendment | Did the R.I. Judiciary violate Petitioner's First Amendment right by retaliating (repeatedly) (e.g. arbitrarily doubling Petitioner's bail, denying Pe… | |
| 24-6803 | Vincent Giattino v. United States | Second Circuit | 2025-03-19 | Denied | Response WaivedIFP | cruel-unusual-punishment due-process plea-deal sentencing-relief sixth-amendment trial-penalty | The novel question of national significance in criminal cases presented to this Court is: 1. Whether the lower courts erred in not finding that an "e… |
| 24-6796 | Steven Nicholson v. United States | Ninth Circuit | 2025-03-18 | Denied | Response WaivedIFP | covid-19-test district-court ninth-circuit sixth-amendment speedy-trial-act summary-reversal | Whether this Court should summarily reverse the Ninth Circuit, which itself summarily reversed the district court's order dismissing petitioner's indi… |
| 24-6767 | Brandon Green v. United States | Second Circuit | 2025-03-14 | Denied | Response WaivedIFP | constitutional-rights due-process ineffective-assistance judicial-recusal pro-se-defendant sixth-amendment | 1. Whether a federal district judge's refusal to recuse himself after making statements prejudging the merits of ineffective assistance claims, displa… |
| 24-6773 | Jerry Jeron Daniels v. Pennsylvania Parole Board | Pennsylvania | 2025-03-14 | Denied | IFP | constitutional-rights due-process fourteenth-amendment fourth-amendment parole-board sixth-amendment | Did the Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court err, abuse discretion and violate Petitioner's 4th, 6th, and 14th Amendment… |
| 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… |
| 24-6752 | Adonis Batista v. United States | Tenth Circuit | 2025-03-12 | Denied | Response WaivedIFP | due-process fifth-amendment jury-trial methamphetamine-quantity sentencing-guidelines sixth-amendment | Were Petitioner's Fifth Amendment due process rights and Sixth Amendment rights to jury trial violated when the jury in his drug conspiracy trial foun… |
| 24-6728 | David C. Lettieri v. Lawrence Joseph Vilardo, Judge, United States District Court for the Western District of New York | Second Circuit | 2025-03-10 | Dismissed | IFP | 42-usc-1985 bivens-action civil-rights due-process judicial-immunity sixth-amendment | 1. Does a judge have power to tell a lawyer to:-tell a lawyer what to object to? 2. Does a judge have immunity to a no-constutional civil tort? 3. D… |
| 24-6717 | Allaquan Jackson, aka Khalif Jackson, aka Kailif Jackson v. New Jersey | New Jersey | 2025-03-07 | Denied | IFP | alibi-witness due-process fair-trial judicial-bias recusal sixth-amendment | I. IS THE SIXTH AMENDMENT RIGHT TO A FAIR TRIAL VIOLATED BY THE TRIAL JUDGE WHO POSSESSED "PERSONAL" KNOWLEDGE REGARDING PETITIONER'S ALIBI WITNESS, A… |
| 24-6720 | Leroy Harold White, Jr. v. United States | Fifth Circuit | 2025-03-07 | Denied | Response WaivedIFP | burden-of-proof criminal-defendants deportation extraneous-offenses fifth-amendment sixth-amendment | DO THE FIFTH AND SIXTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AFFORD CRIMINAL DEFENDANTS AT LEAST THE SAME BURDEN OF PROOF FOR EXTRANEOUS OFFENS… |
| 24-954 | Anthony Vetri v. United States | Third Circuit | 2025-03-05 | Denied | Response Waived | conflict-of-interest criminal-defense cronic-standard effective-counsel sixth-amendment strickland-standard | 1. To show a violation of the right to conflict-free counsel when represented by multiple attorneys, only some of whom are conflicted, must a defendan… |
| 24A850 | Dieudruch Emmanuel v. United States | Eleventh Circuit | 2025-03-04 | Presumed Complete | controlled-substance-distribution fifth-amendment fourteenth-amendment fourth-amendment sixth-amendment spousal-privilege | Question not identified. | |
| 24A836 | Cedric Allen Ricks v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2025-02-28 | Presumed Complete | capital-case certificate-of-appealability federal-habeas-corpus fifth-amendment fourteenth-amendment sixth-amendment | Question not identified. | |
| 24-6656 | Derek Burns v. Georgia | Georgia | 2025-02-26 | Denied | IFP | attorney-client-privilege evidence-intrusion legal-communications procedural-matters sixth-amendment state-actors | The Georgia Supreme Court held that attorney-client communications about bond strategy and hearing preparation were merely "procedural scheduling matt… |
| 24-928 | Zackery Terrell v. Texas | Texas | 2025-02-26 | Denied | Response Waived | constitutional-rights cruel-unusual-punishment eighth-amendment ineffective-assistance sixth-amendment suggestion-of-reconsideration | I. Whether the denial of the Applicant's Suggestion of Reconsideration violates the Eighth Amendment protection against cruel and unusual punishment i… |
| 24-6636 | Kerbet Dixon v. New York | New York | 2025-02-25 | Denied | Response WaivedRelisted (2)IFP | adversarial-process pro-se-defendant prosecutorial-tactics self-representation sixth-amendment trial-preparation | In Faretta v. California, 422 U.S. 806, 818 (1975), this Court found that the Sixth Amendment "constitutionalizes" a pro se defendant's right "in an a… |
| 24-6642 | Hubert Glenn Sexton, Jr. v. Tennessee | Tennessee | 2025-02-25 | Denied | Response WaivedIFP | appellate-review constitutional-rights counsel-waiver due-process self-representation sixth-amendment | Under Tennessee law, defense counsel in criminal trials has the power to make strategic decisions, including decisions to exercise or waive rights gua… |
| 24-6646 | Randy Allen Herman, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2025-02-25 | Denied | Response WaivedIFP | criminal-procedure fourteenth-amendment ineffective-assistance-of-counsel insanity-defense involuntary-act sixth-amendment | Whether Petitioner was deprived of effective assistance of counsel in violation of his Sixth and Fourteenth Amendments to the United States Constituti… |
| 24-910 | Charles Ray Crawford v. Burl Cain, Commissioner, Mississippi Department of Corrections, et al. | Fifth Circuit | 2025-02-24 | Denied | ake-standard due-process ineffective-assistance insanity-defense mental-health-expert sixth-amendment | In Ake v. Oklahoma, 470 U.S. 68 (1985), this Court clearly established that the State must provide indigent criminal defendants whose mental condition… | |
| 24-6608 | Felix Pusey v. Florida | Florida | 2025-02-21 | Denied | Response WaivedIFP | eighth-amendment firearm-possession juvenile-offender mandatory-minimum second-amendment sixth-amendment | 1. Whether section 790.23(1)(b), Florida Statutes, which criminalizes the possession and ownership of a firearm by people under the age of 24 who have… |
| 24A807 | Ashu Joshi v. United States | Eighth Circuit | 2025-02-20 | Presumed Complete | as-applied-constitutional-challenge guilty-plea ineffective-assistance-of-counsel marital-status sixth-amendment strickland-standard | Whether defense counsel's performance was deficient—falling below an objective standard of reasonableness—when counsel abandoned constitutional claims… | |
| 24-882 | Derrick Chatman v. Mississippi | Mississippi | 2025-02-18 | Denied | Response Waived | constitutional-law criminal-procedure direct-remand jury-unanimity lesser-included-offense sixth-amendment | Does a state court direct-remand rule that infers jury unanimity on a lesser-included offense violate the Sixth Amendment, where the jury's verdict wa… |
| 24A785 | Jeffery Day Rieber v. John Q. Hamm, Commissioner, Alabama Department of Corrections | Eleventh Circuit | 2025-02-14 | Presumed Complete | capital-punishment habeas-corpus ineffective-assistance-of-counsel mens-rea penalty-phase sixth-amendment | Question not identified. | |
| 24-6536 | Craig Bassett v. Florida | Florida | 2025-02-11 | Denied | Response WaivedIFP | due-process habeas-corpus jury-instructions sentencing-discretion separation-of-powers sixth-amendment | 1. Did Justice Gorsuch's dissenting opinion in Cunningham v. Florida establish a new precedent that requires retroactive application, or is it a remin… |
| 24-6539 | Fernando Lopez-Armenta v. United States | Ninth Circuit | 2025-02-11 | Denied | Response WaivedIFP | constitutional-rights criminal-defense fifth-amendment lesser-included-offense sixth-amendment trial-instruction | Where the sole defense raised to a criminal charge is guilt of a lesser included offense, does the right to a present a defense rooted in the Fifth an… |
| 24A776 | Michael Fimbres v. O'Brian Bailey, Acting Warden | Ninth Circuit | 2025-02-11 | Presumed Complete | gang-expert-testimony habeas-corpus ineffective-assistance prejudice-prong sixth-amendment strickland-standard | Question not identified. | |
| 24-6513 | Tavon Johnathon Magee v. Michigan | Michigan | 2025-02-10 | Denied | IFP | actual-innocence constitutional-claims effective-assistance-of-counsel federal-standard habeas-relief sixth-amendment | I. HAS PETITIONER MAGEE MADE A PROPER SHOWING OF ACTUAL INNOCENCE TO HAVE HIS CONSTITUTIONAL CLAIMS ADDRESSED ON THE MERITS? II. WHETHER THE SUPREME … |
| 24-6520 | Lalako Jonathan Jose v. Arizona | Arizona | 2025-02-10 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure jury-trial ramos-precedent sixth-amendment twelve-person-jury | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a felony. |
| 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… |
| 24-6494 | Brandon Green v. United States | Second Circuit | 2025-02-06 | Denied | Response WaivedIFP | brady-violation constitutional-stop-and-frisk due-process ineffective-assistance prosecutorial-misconduct sixth-amendment | 1) WHETHER, THE SECOND CIRCUIT 'S AFFIRMATION OF MR. GREEN' S CONVICTION, DESPITE OVERWHELMING EVIDENCE OF PROSECUTORIAL MISCONDUCT INVOLVING THE USE … |
| 24-6495 | Billy Joe Taylor v. United States | Eighth Circuit | 2025-02-06 | Denied | Response WaivedIFP | circuit-split constitutional-rights counsel-of-choice guilty-plea sixth-amendment structural-error | Whether a defendant who is erroneously denied his Counsel of Choice in Violation of the Sixth Amendment, which is structural error, waives his right t… |
| 24-6466 | David Alcorn v. United States | Fourth Circuit | 2025-02-04 | Denied | Response WaivedIFP | court-of-appeals criminal-procedure defendants-rights district-court public-trial sixth-amendment | Whether The Court Of Appeals Erred By Upholding The District Court 's Violation Of Defendants' Sixth Amendment Right To A Public Trial? |
| 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… | |
| 24-6446 | Larayna Manning v. Kentucky | Kentucky | 2025-02-03 | Denied | IFP | chain-of-custody constitutional-rights due-process fifth-amendment sixth-amendment speedy-trial | I. THE RIGHT TO A SPEEDY TRIAL AND THE PREJUDICE THIS DELAY CAUSED TO DEFENDANT WAS A VIOLATION OF HER CONSTITUTIONAL RIGHTS? II. THE CHAIN OF CUST… |
| 24-6442 | Steven Lawayne Nelson v. Texas | Texas | 2025-02-03 | Denied | IFP | adequate-state-grounds federal-law ineffective-assistance postconviction-relief sixth-amendment state-habeas | 1. If a state court does not specify the grounds of an order denying postconviction relief, and if one of the several potential grounds depends on fed… |
| 24-6460 | Jonathan Mason v. United States | Seventh Circuit | 2025-02-03 | Denied | Response WaivedIFP | bias-testimony confrontation-clause role-facilitation sentencing-hearing sixth-amendment witness-testimony | Can a bias witness testimony, made during a bench trial in an unrelated case be admitted for its truth at Petitioner's sentencing hearing, to support… |
| 24-6437 | Armando Molina v. United States | Ninth Circuit | 2025-01-31 | Denied | Response WaivedIFP | criminal-defense defendant-rights defense-counsel entrapment sixth-amendment trial-strategy | Whether the Sixth Amendment right to determine the objectives of one's own defense is violated when defense counsel, against the defendant's wishes, s… |
| 24A744 | Leonard Harris v. Nakita Ross, et al. | Fourth Circuit | 2025-01-29 | Presumed Complete | 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 … | |
| 24-6414 | Albert Pinedo v. United States | Ninth Circuit | 2025-01-29 | Denied | Response WaivedIFP | bias criminal-procedure impartiality jury-selection sixth-amendment voir-dire | Whether the Sixth Amendment requires a prospective juror to make an unequivocal commitment to impartiality after revealing their actual bias. |
| 24-6390 | William Logsdon v. United States | Fifth Circuit | 2025-01-24 | Denied | Response WaivedIFP | compulsory-process criminal-defendant fifth-amendment self-incrimination sixth-amendment witness-testimony | When a criminal defendant seeks testimony from a witness who asserts the Fifth Amendment privilege as to all questions, must the district court make a… |
| 24-6389 | Kalontae Carter, aka Kelontae Carter v. Doug Luneke, Warden | Sixth Circuit | 2025-01-24 | Denied | IFP | accomplice-testimony confrontation-clause criminal-procedure out-of-court-statements sixth-amendment testimonial-statements | I. Whether the Confrontation Clause of the Sixth Amendment prohibits the introduction and use of statements made by a non-testifying accomplice which … |
| 24-6381 | Gary Eugene Graham v. United States | Eighth Circuit | 2025-01-24 | Denied | Response WaivedIFP | constitutional-rights covid-19-delay due-process ends-of-justice sixth-amendment speedy-trial | 1. Is it a violation of a pretrial defendant's Sixth Amendment right to a Speedy Trial along with the Speedy Trial Act, and this Honorable Court's dec… |
| 24-6373 | Harry Lee Goldsboro, II v. Florida | Florida | 2025-01-23 | Denied | IFP | constitutional-rights criminal-procedure due-process ineffective-assistance plea-bargaining sixth-amendment | Question not identified. |
| 24-774 | Reginald Keith Clark v. Colorado | Colorado | 2025-01-22 | Denied | Amici (2)Response WaivedRelisted (2) | for-cause-challenge fourteenth-amendment jury-selection racial-bias sixth-amendment trial-court-discretion | Whether a trial court violates a defendant's Sixth and Fourteenth Amendment rights when it erroneously denies a for-cause challenge to a racially bias… |
| 24-6358 | James David Watwood v. David Newcomer, Warden | Fourth Circuit | 2025-01-22 | Denied | Response WaivedIFP | compulsory-process confidential-records due-process government-witness impeachment-evidence sixth-amendment | Is a criminal defendant's Sixth Amendment right to Compulsory Process or Fourteenth Amendment right to due process, right to present a defense, and a … |
| 24-6354 | Shelben T. Curtis v. Ron Neal, Warden | Seventh Circuit | 2025-01-22 | Denied | Response WaivedIFP | ineffective-assistance jury-instruction retroactive-application sixth-amendment sudden-heat voluntary-manslaughter | QUESTION I: Whether the lower courts unreasonably applied Brantley retroactively when it decided that the petitioner was not denied his Sixth Amendmen… |
| 24A713 | Matthew Lee Flowers v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2025-01-22 | Presumed Complete | confrontation-clause constitutional-rights criminal-procedure ineffective-assistance sixth-amendment trial-counsel | Question not identified. | |
| 24-6341 | Zonta Tavaras Ellison aka Zonta Tavarus Ellison v. United States | Fourth Circuit | 2025-01-21 | Denied | Response WaivedIFP | alford-plea career-offender circuit-court en-banc sixth-amendment trial-by-jury | 1. The Circuit Courts Three Judge panel created a conflict of grave importance warranting this court's discretionary judicial power when it denied pet… |
| 24-6332 | Andrew Jason Peterson v. Wisconsin | Wisconsin | 2025-01-17 | Denied | Response WaivedRelisted (2)IFP | colloquy counsel-denial defendant-rights sequestration-order sixth-amendment trial-court | Federal Circuits have broadly held that the Perry v. Leeke and U.S. v Geders decisions protect the right to discuss testimony on an extended or overni… |
| 24-6323 | Ernest Green v. United States | Second Circuit | 2025-01-16 | Denied | Response WaivedIFP | constitutional-rights criminal-trial impartial-jury racial-bias sixth-amendment voir-dire | In a criminal trial, does the right to an impartial jury, guaranteed by the Sixth Amendment, require a defendant of a minority race to be afforded voi… |
| 24-6321 | Celeste Ryan v. Jeff Timmerman, et al. | Washington | 2025-01-16 | Denied | IFP | constitutional-rights due-process equal-protection first-amendment judicial-discretion sixth-amendment | Q1- Does the exercise of judicial discretion violate constitutional guarantees such as due process, equal protection, impartiality, and the right to a… |
| 24-6300 | Pablo Gutierrez v. Florida | Florida | 2025-01-14 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | confrontation-clause criminal-procedure due-process fourteenth-amendment interpreter-rights sixth-amendment | The trial court recognized Mr. Gutierrez only spoke Spanish and appointed an interpreter for him —but the interpreter was prohibited from translating … |
| 24-6294 | Christopher Lloyd Burnell v. United States | Ninth Circuit | 2025-01-14 | Denied | Response WaivedRelisted (2)IFP | circuit-split counsel-substitution court-appointed-counsel criminal-procedure defendant-rights sixth-amendment | What standard governs a criminal defendant's motion to substitute retained with court-appointed counsel? |
| 24A680 | Katie Garding v. Montana Department of Corrections | Ninth Circuit | 2025-01-13 | Presumed Complete | circuit-split federal-jurisdiction fourteenth-amendment habeas-corpus sixth-amendment strickland-standard | First, does a Circuit Court retain jurisdiction to consider the merits of an appeal from an order granting federal habeas relief if a state court vaca… | |
| 24-6272 | In Re Benjamin Shipley | 2025-01-13 | Denied | IFP | actual-innocence collateral-review fifth-amendment habeas-corpus retroactivity sixth-amendment | 1. Whether the Court's holding in Erlinger v. United States, 602 U.S., 144 S. Ct. 1840, 219 L. Ed. 2d 451 (2024), retroactively opens the affirmative … | |
| 24-6259 | Kenneth Wayne Gilmore v. United States | Eighth Circuit | 2025-01-10 | Denied | Response WaivedIFP | armed-career-criminal-act due-process fifth-amendment marijuana-probable-cause search-warrant sixth-amendment | 1. Whether the isolated smell of marijuana--a drug that is legal for recreational use in many states and legal for medicinal use in the state of Ark… |
| 24-6248 | Kenneth Brown v. Robert Adams, Jr., Warden | Sixth Circuit | 2025-01-08 | Denied | Relisted (2)IFP | criminal-homicide due-process fourteenth-amendment ineffective-assistance proximate-causation sixth-amendment | I. Whether Trial Counsel Was Ineffective, Under Strickland . For Failing to Follow Through With Brown's Causation Defense Theory By Failing To Request… |
| 24-6245 | Brad A. Smith v. United States | First Circuit | 2025-01-08 | Denied | Response WaivedIFP | fifth-amendment fourth-amendment immigration-law interrogation-rights knock-and-talk sixth-amendment | Did authorities violate The Fourth, Fifth, andSixth Amendments to The United States Constitution when seeking to perform a "knock- and-talk" interroga… |
| 24-6231 | Emmanuel Zleh Totaye, Jr. v. Iowa | Iowa | 2025-01-03 | Denied | Response WaivedIFP | criminal-procedure fair-trial fourteenth-amendment inconsistent-verdict reasonable-doubt sixth-amendment | Does an inconsistent verdict in a criminal case violate a defendant's right to a fair trial under the Sixth Amendment and their right to be found guil… |
| 24-706 | Andrew Thomas Cowhy v. Michigan | Michigan | 2025-01-02 | Denied | constitutional-law criminal-procedure judicial-precedent jury-trial sentencing sixth-amendment | Should the Court reexamine its holding in Oregon v. Ice, 555 U.S. 160 (2009), which exempts factual findings necessary to increase a defendant's punis… | |
| 24-6225 | Dennis Mischler v. Tim Hooper, Warden | Fifth Circuit | 2025-01-02 | Denied | Response WaivedIFP | constitutional-rights due-process evidentiary-hearing fifth-circuit habeas-corpus sixth-amendment | Whether the Fifth Circuit deprived Mischler of Due Process of Law by failing to afford an evidentiary hearing on disputed facts when Mischler never re… |
| 24-6209 | Edvin Santiagomazariegos v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2024-12-30 | Denied | Response WaivedIFP | criminal-procedure due-process fourteenth-amendment ineffective-assistance sixth-amendment supreme-court-precedent | WHETHER TRIAL COUNSEL'S PERFORMANCE DEPRIVED PETITIONER OF HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL AS MADE APPLICABLE BY THE FO… |
| 24-6201 | Christopher Jeorge Millican v. United States | Ninth Circuit | 2024-12-26 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure hearsay search-warrant sixth-amendment testimonial-evidence | Whether the Confrontation Clause allows the admission at trial—without confrontation of the declarant—of documents created in response to a search war… |
| 24A608 | Miguel Adan Cayetano v. Texas | Texas | 2024-12-19 | Presumed Complete | confrontation-clause due-process fourteenth-amendment medical-evidence prosecutorial-misconduct sixth-amendment | Question not identified. | |
| 24A603 | Christopher Thomas v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2024-12-18 | Presumed Complete | armed-robbery habeas-corpus ineffective-assistance jury-instructions sixth-amendment strickland-standard | Question not identified. | |
| 24-654 | David Lesh v. United States | Tenth Circuit | 2024-12-17 | Denied | Amici (9)Response RequestedResponse WaivedRelisted (2) | article-iii constitutional-interpretation criminal-prosecution jury-trial petty-offense sixth-amendment | Whether the Constitution's dual guarantee of trial by jury contains an unstated exception for "petty offenses." |
| 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. | |
| 24-650 | Robert Lee Webb v. Virginia | Virginia | 2024-12-16 | Denied | circumstantial-evidence fourteenth-amendment jury-instruction meaningful-defense sixth-amendment trial-court-error | 1. The Trial Court's error in refusing to give the Virginia Model Jury Instruction on Circumstantial Evidence violated the Appellant's 6th and 14th … | |
| 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… |
| 24-6114 | Davis Ennis v. United States | Fifth Circuit | 2024-12-10 | Denied | Response WaivedIFP | conspiracy-statute drug-quantity judicial-fact-finding mandatory-minimum rule-of-lenity sixth-amendment | This case presents a question whether judicial fact-finding of a greater type and quantity of a controlled substance, an element of the offense, requi… |
| 24-6108 | Sixto Jorge Diaz-Colon v. United States | First Circuit | 2024-12-10 | Denied | Response WaivedIFP | appellate-review constitutional-rights due-process eighth-amendment procedural-rules sixth-amendment | I. WHETHER AN APPELLATE COURT VIOLATES THE DUE PROCESS CLAUSE OF THE FIFTH AMENDMENT BY DISMISSING AN APPEAL BASED SOLELY ON PROCEDURAL DEFICIENCIES, … |
| 24-6104 | Maurice Kerrick, Jr. v. United States | District of Columbia | 2024-12-10 | Denied | Response WaivedIFP | criminal-sentencing double-jeopardy due-process maximum-term sixth-amendment supervised-release | Whether a defendant's due process rights are violated when he is never informed that he may be sentenced to an additional term of imprisonment for vio… |
| 24-6101 | Halim Khan v. United States | Ninth Circuit | 2024-12-10 | Denied | Response WaivedIFP | confrontation-clause criminal-prosecution due-process interpreter-testimony sixth-amendment testimonial-statements | Whether translated out-of-court testimonial statements may be admitted by the Government as evidence against a defendant without providing the defenda… |
| 24-6097 | Alfredo Alvarado-Varela v. United States | Fifth Circuit | 2024-12-09 | Denied | Response WaivedIFP | almendarez-torres apprendi notice-clause prior-conviction-exception recidivism-enhancement sixth-amendment | Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 24-6086 | Curtis James McGarvey v. United States | Eighth Circuit | 2024-12-06 | Denied | Response WaivedIFP | due-process eighth-amendment ineffective-assistance-of-counsel lasciviousness-standard sexual-exploitation sixth-amendment | Where Supreme Court precedent has been usurped by a United States District Court decision regarding the lasciviousness standard applied in cases of (a… |
| 24-6081 | Christopher Zamarripa v. United States | Fifth Circuit | 2024-12-05 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure effective-assistance-of-counsel plea-agreement sentencing sixth-amendment | WHETHER ZAMARRIPA WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL GUARANTEED BY THE SIXTH AMENDMENT AS A RESULT OF HIS COUNSEL'S ADVICE THAT HE ACCEPT THE … |
| 24-6083 | Joshua Flores v. United States | Ninth Circuit | 2024-12-05 | Denied | Response WaivedIFP | article-iii constitutional-rights criminal-prosecution jury-trial misdemeanor sixth-amendment | Whether Article III 's guarantee of the right to a jury trial for "all Crimes, except in Cases of Impeachment," and the Sixth Amendment's guarantee of… |
| 24-6062 | Efe Clinton Osaghae v. Kansas | Kansas | 2024-12-04 | Denied | Response WaivedIFP | apprendi-precedent blakely-rule criminal-procedure jury-trial sentencing-enhancement sixth-amendment | Does this Court's decision in Blakely v. Washington, 542 U.S. 296 (2004) establish an "unpled but admitted facts" exception to the rule set forth in A… |
| 24A545 | Bartholomew Granger v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2024-12-04 | Presumed Complete | capital-murder constitutional-deficiency critical-stage ineffective-assistance sixth-amendment trial-counsel | Question not identified. | |
| 24-600 | Quiotis C., Jr. v. Nebraska | Nebraska | 2024-12-03 | Denied | Response WaivedRelisted (2) | batson-challenge constitutional-rights jury-trial juvenile-justice prosecutorial-discretion sixth-amendment | 1. Whether all juveniles are guaranteed the Sixth Amendment right to a jury trial in the Constitution regardless of their geographic location when t… |
| 24A538 | Anthony Medina v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2024-12-03 | Presumed Complete | capital-punishment constitutional-claims habeas-corpus ineffective-assistance sixth-amendment strickland-standard | Question not identified. | |
| 24A526 | Saaed Moslem v. United States | Second Circuit | 2024-12-02 | Presumed Complete | access-to-courts appellate-proceedings constitutional-rights critical-stages due-process sixth-amendment | Question not identified. | |
| 24-6044 | Antonio Shropshire v. United States | Fourth Circuit | 2024-11-27 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure government-seizure sixth-amendment testimonial-autonomy trial-preparation | Were Shropshire's Sixth Amendment rights violated by the government's seizure of his trial preparation documents? Did the government violate Shropshi… |
| 24-6026 | Ana Ortiz, aka Ana Lopez v. Circuit Court of Illinois, Lake County | Illinois | 2024-11-25 | Denied | IFP | constitutional-rights due-process family-court fourteenth-amendment legal-representation sixth-amendment | Does absence of the right to counsel and access to transcripts in family court proceedings—such as divorce and child custody —constitutes a violation … |
| 24-6014 | Ronald Cox v. Ronald S. Weber, Warden, et al. | Fourth Circuit | 2024-11-21 | Denied | IFP | appellate-review constitutional-claim criminal-procedure exculpatory-evidence ineffective-assistance sixth-amendment | Did The U.S. Court of Appeals, Fourth Circuit, Err When It Denied Relief To Ineffective Assistance Of Counsel On Petitioner's Sixth Amendment Claim; C… |
| 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… |
| 24-6003 | Sydni Frazier v. United States | Fourth Circuit | 2024-11-20 | Denied | Response WaivedIFP | criminal-defendant first-degree-murder jury-trial predicate-offense sixth-amendment unanimous-verdict | Whether a criminal defendant's right to a jury trial under the Sixth Amendment is violated when the trial judge does not instruct the jury that it mus… |
| 24-562 | Narjes Modarresi v. Texas | Texas | 2024-11-20 | Denied | Response RequestedRelisted (2) | due-process ineffective-assistance involuntary-confession mental-illness miranda-rights sixth-amendment | I. Whether the Court should summarily reverse the TCCA's judgment because its rejection of petitioner's ineffective assistance of trial counsel claim … |
| 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… |
| 24-5982 | Benigno Perez-Aguilar v. Jeff Howard, Warden | Sixth Circuit | 2024-11-15 | Denied | IFP | expert-testimony hearsay ineffective-assistance-of-counsel sixth-amendment trial-court-discretion witness-bolstering | Expert testimony from Thomas Cottrell did nothing more than bolster Clarisse and Genesis. Did the trial court abuse its discretion in letting Dr. Co… |
| 24A481 | Ricky D. Ullman, Jr. v. Kentucky | Kentucky | 2024-11-14 | Presumed Complete | constitutional-right counsel due-process ineffective-assistance probation-revocation sixth-amendment | Question not identified. | |
| 24-5973 | Osiel Huertas v. United States | Fifth Circuit | 2024-11-14 | Denied | Response WaivedIFP | almendarez-torres apprendi-rule notice-clause prior-conviction-exception recidivism-enhancement sixth-amendment | Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 24-5962 | Preston M. Young v. Angela Phams, Warden, et al. | Georgia | 2024-11-13 | Denied | IFP | criminal-procedure due-process indictment ineffective-assistance prosecutorial-misconduct sixth-amendment | 1. Whether a defense attorney provide effective assistance of counsel as guaranteed under the Sixth Amendment when he fails to demurrer indictment to … |
| 24-5959 | Robert Ellis v. New York | New York | 2024-11-13 | Denied | Response WaivedIFP | assigned-counsel attorney-client-relationship continuity-of-representation court-discretion indigent-defendant sixth-amendment | When counsel has been assigned to represent an indigent defendant, has developed a close working relationship, and faces no obstacles to continuing th… |
| 24-5953 | Ellva Slaughter v. United States | Second Circuit | 2024-11-12 | Denied | IFP | circuit-split cross-section-representation discriminatory-intent jury-selection sixth-amendment systematic-exclusion | Whether Duren's "systematic exclusion" prong can be satisfied by proof that a distinctive group has been consistently underrepresented in the jury-sel… |
| 24-5947 | Ismail Salaam v. United States | Sixth Circuit | 2024-11-08 | Denied | IFP | courtroom-closure judicial-review plain-error sixth-amendment structural-error trial-procedure | At trial, the district court committed structural error by closing the courtroom in the middle of trial during the adult victim witness's testimony, w… |
| 24A464 | Daniel O. Conahan, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2024-11-08 | Presumed Complete | brady-violation certificate-of-appealability eighth-amendment fourteenth-amendment ineffective-assistance sixth-amendment | Question not identified. | |
| 24-5944 | Nathan Reyes v. United States | Fifth Circuit | 2024-11-08 | Denied | IFP | constitutional-law criminal-sentencing due-process fifth-amendment sixth-amendment statutory-interpretation | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 24-5943 | Travyrus Jerard Stradford v. United States | Fifth Circuit | 2024-11-08 | Denied | IFP | constitutional-law criminal-sentencing due-process fifth-amendment sixth-amendment statutory-interpretation | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 24A458 | Corey Dequan Broome v. James R. Scheibner, Warden | Sixth Circuit | 2024-11-07 | Presumed Complete | constitutional-right constructive-denial ineffective-assistance legal-assistance pro-se sixth-amendment | Question not identified. | |
| 24-5935 | Edward Greeman v. Edward Burnett, Superintendent, Fishkill Correctional Facility | Second Circuit | 2024-11-07 | Denied | Response WaivedRelisted (2)IFP | brady-violation due-process habeas-corpus judicial-misconduct sixth-amendment warrantless-arrest | 1. Whether the arrest was warrantless and if the arresting officers had jurisdiction to execute an arrest. [Point 1. of my §2254 habeas petition.] A S… |
| 24A457 | Tony Lamons Gooch III v. Tennessee | Tennessee | 2024-11-06 | Presumed Complete | constitutional-error criminal-procedure ineffective-assistance post-conviction-relief sixth-amendment trial-counsel | Question not identified. | |
| 24-5929 | David Mark Fink v. California | California | 2024-11-06 | Denied | Response WaivedIFP | evidentiary-hearing faretta-right judicial-discretion pro-se-representation sixth-amendment speedy-trial | (1. The People have no standing to interject between an accused and his right of self-representation . When the court permits them to do so, does it u… |
| 24-5921 | Christopher Koteras v. Daniel Akers, Warden | Sixth Circuit | 2024-11-06 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure evidentiary-hearing judicial-discretion sixth-amendment witness-communication | When the interaction between the Prosecution's Victim's Advocate and a testifying witness has been determined by the trial court to have enhanced the … |
| 24-517 | Lance Shockley v. David Vandergriff, Warden | Eighth Circuit | 2024-11-06 | Denied | Amici (1)Relisted (6) | appellate-review circuit-split habeas-corpus ineffective-assistance sixth-amendment strickland-claim | Did the Court of Appeals err in denying petitioner's application, over dissent, to appeal the denial of his Sixth Amendment ineffective assistance of … |
| 24-5910 | Robert Ward Frazier v. California | California | 2024-11-05 | Denied | IFP | autonomy-right capital-defendant counsel-objection fundamental-objectives mitigation-defense sixth-amendment | Is a capital defendant deprived of their Sixth Amendment autonomy right to determine the fundamental objectives of their defense, as recognized by thi… |
| 24A448 | Christopher Michael Montoya v. Arizona | Arizona | 2024-11-05 | Presumed Complete | capital-case for-cause-strike fourteenth-amendment jury-selection sixth-amendment witherspoon-standard | Question not identified. | |
| 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… |
| 24-5843 | Jerome R. Sueing v. Noah Nagy, Warden | Sixth Circuit | 2024-10-29 | Dismissed | Response WaivedIFP | constitutional-rights due-process ineffective-assistance prosecutorial-misconduct sixth-amendment trial-procedure | I. Court violated Petitioner's right to due process — denied him his right to a fair trial by joining the unrelated cases of aggravated indecent expos… |
| 24-5842 | Dallas Staden v. Marcus Myers, Warden | Fifth Circuit | 2024-10-29 | Denied | IFP | fair-trial hybrid-counsel ineffective-assistance pro-se-representation sixth-amendment standby-counsel | K, h</S rarest*-!ah'*si over -the <Je£svd*srf [ ohjc&fv&p is ^/ficjecP fionnorpb /*■<4 hybrid rcP/tSfr>fet?)>a / cAn the c/ePyst*nt /4v> jtd< ccvirioo… |
| 24-5824 | Oscar Alvarado v. Ken Hollibaugh, Superintendent, State Correctional Institution at Somerset, et al. | Third Circuit | 2024-10-25 | Denied | IFP | certificate-of-appealability confrontation-clause harmless-error ineffective-counsel rule-60b1 sixth-amendment | DID THE COURT OF APPEALS COMMIT LEGAL ERROR IN DENYING PETITIONER'S CERTIFICATE OF APPEALABILITY STATING THAT NO JURIST OF REASON WOULD NOT DEBATE THE… |
| 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… |
| 24A387 | Andrew Thomas Cowhy v. Michigan | Michigan | 2024-10-22 | Presumed Complete | alleyne-precedent criminal-sexual-conduct judicial-factfinding jury-trial sentencing-enhancement sixth-amendment | Question not identified. | |
| 24A379 | Londell Bond v. Jasen Bohinski, Acting Superintendent, State Correctional Institution at Dallas, et al. | Third Circuit | 2024-10-22 | Presumed Complete | constitutional-rights criminal-procedure habeas-corpus ineffective-assistance post-conviction sixth-amendment | Question not identified. | |
| 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… |
| 24-5775 | Timothy Robert Ronk v. Mississippi | Mississippi | 2024-10-17 | Denied | IFP | constitutional-claim death-penalty expert-testimony ineffective-assistance-of-counsel procedural-rule sixth-amendment | 1. Does the failure of death penalty defense counsel to seek funding for an independent expert, coupled with the failure to challenge the State's flaw… |
| 24-5771 | Kyle Christopher Zoellner v. City of Arcata, California, et al. | Ninth Circuit | 2024-10-17 | Denied | IFP | criminal-procedure due-process evidence-tampering fourth-amendment probable-cause sixth-amendment | 1. Fourth Amendment Violation - Lack of Probable Cause at Arrest ° Whether the Ninth Circuit erred in affirming the district court 's judgment that th… |
| 24-5777 | Daniel Loren Jenkins v. Erin Reyes, Superintendent, Two Rivers Correctional Institution | Ninth Circuit | 2024-10-17 | Denied | Response WaivedIFP | attorney-client-privilege confidentiality constitutional-rights criminal-procedure effective-assistance-of-counsel sixth-amendment | Does clearly established Supreme Court precedent establish that defense counsel renders ineffective assistance of counsel by disclosing information pr… |
| 24-5747 | Elmer Dean Baker v. Indiana | Indiana | 2024-10-11 | Denied | Relisted (2)IFP | constitutional-rights equal-protection-clause fourteenth-amendment harmless-error non-unanimous-verdict sixth-amendment | Does it violate the Sixth and Fourteenth Amendments to the United States Constitution when a State upholds a conviction after ruling it was not obtain… |
| 24A344 | Jermaine Jamaica Campbell, Jr. v. William Gittere, Warden, et al. | Ninth Circuit | 2024-10-11 | Presumed Complete | certificate-of-appealability drug-trafficking ineffective-assistance jury-finding sentencing-enhancement sixth-amendment | Question not identified. | |
| 24-409 | Roderick Jones v. Tommy Bowen, Warden | Georgia | 2024-10-11 | Denied | Response Waived | constitutional-rights criminal-procedure due-process ineffective-assistance jury-instructions sixth-amendment | Whether McCoy v. Louisiana, 584 U.S. 414 138 S. Ct. 1500 (2018) permits counsel to concede his client's guilt in direct contradiction of his testimony… |
| 24-5743 | Rafael Ernesto Gabriel v. California | California | 2024-10-10 | Denied | IFP | constitutional-rights ineffective-assistance plea-bargaining procedural-bar sixth-amendment unauthorized-sentence | (1. In California, a pretrial detainee is denied access to the very laws that are the cause of his or her confinement, and must rely upon his or her a… |
| 24-5726 | William Hudson v. Brian Emig, Warden, et al. | Third Circuit | 2024-10-08 | Denied | Response WaivedIFP | digital-search fourth-amendment ineffective-assistance sixth-amendment strickland-test warrant-particularity | I.) Willliam Hudson's case raises an important issue not settled by^his Court and one that is in conflict with other United States Court of Appeals an… |
| 24-5725 | Jose G. Barajas Gomez v. Daniel W. White, Superintendent, Monroe Correctional Complex | Ninth Circuit | 2024-10-08 | Denied | Response WaivedRelisted (2)IFP | capital-punishment criminal-procedure ineffective-assistance mitigating-evidence sentencing-phase sixth-amendment | Question not identified. |
| 24A329 | Robert Wharton v. Joseph Terra, Superintendent, State Correctional Institution at Phoenix | Third Circuit | 2024-10-04 | Presumed Complete | capital-sentencing counsel-performance ineffective-assistance mitigating-evidence prison-behavior sixth-amendment | Question not identified. | |
| 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. | |
| 24A319 | Hugo Rangel-Botello v. Texas | Texas | 2024-10-02 | Presumed Complete | counsel-performance criminal-procedure habeas-corpus ineffective-assistance plea-agreement sixth-amendment | Question not identified. | |
| 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… |
| 24-5691 | Antoine Edwards v. Bradley Scott, et al. | Fifth Circuit | 2024-10-02 | Denied | IFP | constitutional-rights criminal-procedure due-process ineffective-counsel sixth-amendment speedy-trial-act | 1) What is the remedy for Speedy Trial Act violation; Deprivation 18 U.S.C.A § 3161 et seq.; 6 Amendment U.S. Constitutional Eight? 2) Is Barker v. W… |
| 24-376 | Brennaris Marquis Johnson v. Washington | Washington | 2024-10-02 | Denied | fourteenth-amendment jury-finding reasonable-doubt sentencing-guidelines sixth-amendment upward-departure | Whether the Sixth and Fourteenth Amendments require a jury to find beyond a reasonable doubt that one or more aggravating facts amount to "substantial… | |
| 24-5679 | Christopher Michael Sevier v. United States | Fifth Circuit | 2024-10-01 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-law criminal-procedure fifth-amendment sentencing-guidelines sixth-amendment statutory-interpretation | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 24-5647 | David Rashaun Hamil, Jr. v. Florida | Florida | 2024-09-26 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure fourteenth-amendment jury-trial sixth-amendment social-science | Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12 person jury when the defendant is charged w… |
| 24-5638 | Kareem Swinton v. United States | Second Circuit | 2024-09-26 | Denied | Response WaivedIFP | co-conspirator-statements constitutional-rights federal-rules-of-evidence fifth-amendment hearsay-testimony sixth-amendment | 1. Whether, in the absence of knowledge of the identity of the declarants, the admission of hearsay testimony of alleged co-conspirators is unconstitu… |
| 24-5635 | Kim Bowers v. Payson City, Utah | Utah | 2024-09-25 | Denied | Relisted (2)IFP | confrontation-clause criminal-procedure defendant-presence due-process sixth-amendment trial-rights | Question not identified. |
| 24-5610 | Harold U. McGhee v. United States | Seventh Circuit | 2024-09-25 | Denied | Response WaivedIFP | abuse-of-discretion criminal-procedure franks-motion gps-tracker sixth-amendment warrant-affidavit | 1. Whether the District Court committed Procedural and substantive error when it denied the Defendant's Franks Motion? 2. Whether the District Court … |
| 24-5628 | Angel Landa-Arevalo v. United States | Tenth Circuit | 2024-09-24 | Denied | Response WaivedIFP | competency constitutional-rights mental-health pre-trial-detention sixth-amendment speedy-trial | Was Petitioner's right to a speedy trial violated under the Sixth Amendment? Should the trial judge have ordered a mental health evaluation when urged… |
| 24-330 | Cid C. Franklin v. New York | New York | 2024-09-24 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (9) | bail-report confrontation-clause criminal-procedure cross-examination sixth-amendment testimonial-statements | 1. Whether the Sixth Amendment's Confrontation Clause applies to out-of-court statements admitted as evidence against criminal defendants if, and only… |
| 24-5608 | Jason Smith v. United States | Seventh Circuit | 2024-09-23 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | confrontation-clause constitutional-rights criminal-procedure recognizance-forfeiture sixth-amendment supervised-release | Historical documents showing that the Framers would have understood the jury right to apply to forfeitures of recognizance, a proceeding similar to re… |
| 24-5594 | Seldrick Carpenter v. United States | Seventh Circuit | 2024-09-20 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2)IFP | article-iii constitutional-rights criminal-procedure jury-trial sixth-amendment supervised-release | IL Historical documents show that the Framers would have understood the jury right to apply to forfeitures of recognizance, a proceeding similar to re… |
| 24-323 | Thanquarious R. Calhoun v. Warden, Baldwin State Prison, et al. | Eleventh Circuit | 2024-09-20 | Denied | Response WaivedRelisted (2) | de-novo-review fifth-amendment habeas-corpus ineffective-assistance jury-trial sixth-amendment | A federal court must review a habeas petition de novo if the state court's adjudication on the merits was contrary to, or involved an unreasonable app… |
| 24-5572 | Ramon Lopez-Alvarado v. United States | Eleventh Circuit | 2024-09-19 | Denied | Response WaivedIFP | appellate-review certificate-of-appealability constitutional-claims due-process ineffective-assistance sixth-amendment | Did the Eleventh Circuit Court of Appeals err in denying Petitioner's Motion for Certificate of Appeal- ability where claims show that jurists of reas… |
| 24A276 | Manuel Enrique Yates v. United States | Second Circuit | 2024-09-18 | Presumed Complete | confrontation-clause fourth-amendment pro-se search-and-seizure sixth-amendment venue | (1) The confrontation clause under the Sixth Amendment of the United States Constitution; (2) Venue also listed under the Sixth Amendment of the Unit… | |
| 24A271 | Leonard Contreras Sandoval v. Jamie Miller, Superintendent, Snake River Correctional Institution | Ninth Circuit | 2024-09-17 | Presumed Complete | constitutional-violation habeas-corpus ineffective-assistance prejudice-analysis sixth-amendment strickland-standard | Question not identified. | |
| 24A270 | David Lesh v. United States | Tenth Circuit | 2024-09-17 | Presumed Complete | blanton-precedent constitutional-right criminal-prosecution jury-trial petty-offense sixth-amendment | Question not identified. | |
| 24-5559 | Daniel Salgado-Melendez v. United States | Fifth Circuit | 2024-09-17 | Denied | Response WaivedIFP | apprendi-doctrine constitutional-interpretation notice-clause prior-conviction-exception sixth-amendment supreme-court-review | L. Should Almendarez-Torres v. United States, 523 U.S. 224 (1998), be overruled? I. Should this Court grant certiorari, vacate the judgment below, an… |
| 24-301 | William French Anderson, et ux. v. Commissioner of Internal Revenue | Tenth Circuit | 2024-09-17 | Denied | Response Waived | business-expenses economic-espionage intellectual-property legal-deductibility sixth-amendment trade-secrets | Whether Anderson's attorney fees incurred in defense of a false criminal claim that was brought by his former business partner turned competitor and f… |
| 24-5547 | Clifton Bean v. Florida | Florida | 2024-09-16 | Denied | Response WaivedIFP | constitutional-rights criminal-trial fourteenth-amendment jury-composition life-sentence sixth-amendment | Does the Sixth, and Fourteenth Amendments guarantee the right to a trial by a twelve person jury when the defendant is charged with a felony that requ… |
| 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… |
| 24-5543 | Jose Luis Sarmiento v. United States | Fifth Circuit | 2024-09-13 | Denied | Response WaivedIFP | apprendi-doctrine constitutional-interpretation notice-clause prior-conviction-exception sixth-amendment supreme-court-review | L Should Almendarez-Torres v. United States, 523 U.S. 224 (1998), be overruled? I. Should this Court grant certiorari, vacate the judgment below, and… |
| 24-5546 | Mario M. Contreras v. United States | Eighth Circuit | 2024-09-13 | Denied | Response WaivedIFP | habeas-corpus ineffective-assistance jury-strikes medical-testimony sixth-amendment wrongful-conviction | Petitioner, a Native American, was wrongfully convicted by an all-white jury after jury pool. Counsel failed the government struck all Native American… |
| 24-5530 | Manuel Larry Jackson v. United States | Ninth Circuit | 2024-09-12 | Denied | Response WaivedIFP | criminal-procedure due-process evidence-preclusion fifth-amendment percipient-witness sixth-amendment | Do the Fifth and Sixth Amendments guarantee a defendant the right to call a percipient witness to nearly the entirety of the Government's evidence pre… |
| 24-5527 | Adrian Mahdee Akram v. James Corrigan, Warden | Sixth Circuit | 2024-09-12 | Denied | Response WaivedIFP | alibi-defense constitutional-rights ineffective-assistance sixth-amendment strickland-standard trial-counsel | 1.) Does Petitioner Adrian Akram's conviction rest on a violation of his Sixth Amendment rights announced in Strickland v. Washington? Where he was de… |
| 24-5521 | Vernon Carter v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Florida | 2024-09-11 | Denied | IFP | constitutional-rights eighth-amendment fifth-amendment jury-instructions sixth-amendment verdict-form | The punishable by life "element " for a life sentence must be instructed to jury and place on the "Verdict " form. Here in the Petitioner 's case, the… |
| 24-5504 | Javaid Perwaiz v. United States | Fourth Circuit | 2024-09-10 | Denied | Response WaivedIFP | adversarial-process cronic-standard ineffective-assistance-of-counsel meaningful-testing sentencing-advocacy sixth-amendment | Whether sentencing counsel's failure to make any meaningful objections to the Presentence Investigation Report, failure to argue for any particular se… |
| 24-271 | Jerry Arnold Westrom v. Minnesota | Minnesota | 2024-09-10 | Denied | Response Waived | confrontation-clause effective-assistance-of-counsel fourth-amendment reasonable-expectation-of-privacy shed-dna sixth-amendment | A. Whether society is prepared to recognize a reasonable expectation of privacy under the Fourth Amendment in an individual's shed DNA, as evidenced b… |
| 24-5487 | Michael Ravy v. Louisiana | Louisiana | 2024-09-09 | Denied | IFP | collateral-attack constitutional-right criminal-proceeding critical-stage due-process sixth-amendment | This Honorable Court is being asked to determine whether an evidentiary hearing, following a collateral attack on a conviction, constitutes a critical… |
| 24-5486 | Joel Salcedo v. United States | Ninth Circuit | 2024-09-09 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process sixth-amendment speedy-trial | Violation of the U.S. Constitution by Depriving the Petitioner his Right to a speedy trial Guaranteed by the U.S. Constitution Amendment VI. |
| 24-5460 | Troy L. Fields v. Colorado | Colorado | 2024-09-05 | GVR | Response RequestedResponse WaivedRelisted (2)IFP | armed-career-criminal-act criminal-sentencing fifth-amendment habitual-criminal prior-convictions sixth-amendment | Whether Petitioner's Fifth and Sixth Amendment rights were violated when he was subjected to an increased maximum sentence based on the trial court's … |
| 24-5458 | Derrick Courchaine v. California | California | 2024-09-04 | Denied | IFP | constitutional-rights ineffective-assistance plea-bargaining procedural-bar sixth-amendment unauthorized-sentence | (1. In California, a pretrial detainee is denied access to the very laws that are the cause of his or her confinement, and must rely upon his or her a… |
| 24-5457 | Larome Deon Waiters v. United States | Eleventh Circuit | 2024-09-04 | Denied | Response WaivedIFP | armed-career-criminal-act controlled-substances drug-offense prior-conviction sentencing-enhancement sixth-amendment | Whether a Florida controlled substances offense, which does not require proof that the defendant knew of the illicit nature of the controlled substanc… |
| 24-5439 | Richard Beasley v. Ohio | Ohio | 2024-09-04 | Denied | IFP | appellate-procedure capital-punishment constitutional-rights due-process fifth-amendment sixth-amendment | 1. If criminal defendant is re-sentenced to, inter alia, death in a capital case, should a reviewing court afford all due process rights on direct app… |
| 24-242 | In Re Peter K. Stern | 2024-09-04 | Denied | Response WaivedRelisted (2) | congressional-intent fifth-amendment judicial-bias prosecutorial-misconduct sixth-amendment subject-matter-jurisdiction | 1. Whether the Petitioner prevails on his claim of want of subject matter jurisdiction on the part of the District Court for the Western District of N… | |
| 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… | |
| 24-5431 | Jacob Valle v. Florida | Florida | 2024-08-30 | Denied | Response WaivedIFP | criminal-procedure fourteenth-amendment jury-trial sixth-amendment social-science unanimous-verdict | Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 24-5430 | Christopher J. Thorpe v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2024-08-30 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure due-process habeas-corpus sexual-battery sixth-amendment | Whether – pursuant to this Court's holding in Hemphill v. New York, 595 U.S. 140 (2022) – the Petitioner's constitutional right of confrontation was v… |
| 24-5411 | Mario Chavez v. Carlos Lazarin, Warden, et al. | Tenth Circuit | 2024-08-28 | Denied | Response WaivedIFP | confrontation-clause constitutional-rights criminal-procedure due-process hearsay-evidence sixth-amendment | CWc\ dee^ved \V ^nx.&£M *Vo " Woo/e, W avooVWercicty (Mx{ ^Ejcjt\ V ^©V\ wJdt gk (xw^reWstve <taW-XA\'cyv. oV'WW aac>uac\\ , ydW^A- vV dW'f (AAdvA.^… |
| 24A216 | Lance Shockley v. David Vandergriff, Warden | Eighth Circuit | 2024-08-28 | Presumed Complete | ineffective-assistance juror-bias jury-misconduct right-to-fair-trial sixth-amendment voir-dire | 1. This case presents an important question dividing the circuits regarding when a certificate of appealability must issue, so that a state prisoner d… | |
| 24-5402 | Craig Foote v. United States | Third Circuit | 2024-08-27 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | counsel criminal-procedure ineffective-assistance sixth-amendment | 1. Was Petitioner denied the effective assistance of counsel? |
| 24-213 | Willis Franklin v. California | California | 2024-08-27 | Denied | Response Waived | client-autonomy counsel-of-choice fourteenth-amendment mccoy-v-louisiana sixth-amendment trial-continuance | Was petitioner denied his Sixth and Fourteenth Amendment rights to retained counsel of choice when the trial court failed to continue the trial during… |
| 24-5380 | Leonus Stevenson Peterson v. United States | Fourth Circuit | 2024-08-23 | Denied | Response WaivedIFP | due-process evidentiary-hearing ineffective-assistance section-2255-motion sentencing-variance sixth-amendment | Did the lower courts err in conflating Fifth and Sixth Amendment rights, thereby denying both due process and effective assistance of counsel, when th… |
| 24-5377 | Douglas Arcia-Hernandez v. United States | Fifth Circuit | 2024-08-23 | Denied | Response WaivedIFP | almendarez-torres apprendi-rule certiorari prior-conviction-exception sixth-amendment supreme-court-review | L. Should Almendarez-Torres v. United States, 523 U.S. 224 (1998), be overruled? I. Should this Court grant certiorari, vacate the judgment below, an… |
| 24A193 | Eloy Heraclio Alcala v. Texas | Texas | 2024-08-22 | Presumed Complete | confrontation-clause criminal-procedure cross-examination exclusionary-rule motion-to-suppress sixth-amendment | Question not identified. | |
| 24-5373 | Raymond Rodriguez v. California | California | 2024-08-22 | Denied | IFP | constitutional-rights ineffective-assistance plea-bargaining procedural-bar sixth-amendment unauthorized-sentence | (1. In California, a pretrial detainee is denied access to the very laws that are the cause of his or her confinement, and must rely upon his or her a… |
| 24-5366 | Marquise Thomas v. United States | Eleventh Circuit | 2024-08-22 | Denied | IFP | child-exploitation criminal-punishment jury-determination mandatory-minimum restitution-order sixth-amendment | Does the Sixth Amendment require a jury to find the facts needed to justify a restitution order meeting or exceeding § 2259(b)(2)(B)'s $3,000 mandator… |
| 24-5362 | Gumaro Maldonado-Sandoval v. United States | Fifth Circuit | 2024-08-21 | Denied | Response WaivedIFP | certiorari constitutional-interpretation judicial-precedent prior-conviction-exception sixth-amendment supreme-court-review | L. Should Almendarez-Torres v. United States, 523 U.S. 224 (1998), be overruled? I. Should this Court grant certiorari, vacate the judgment below, an… |
| 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… |
| 24-5347 | Devin Allen Bennett v. Mississippi | Mississippi | 2024-08-20 | Denied | IFP | death-penalty eighth-amendment ineffective-assistance mitigation-evidence sixth-amendment strickland-standard | Whether trial counsel's failure to investigate, uncover, and present evidence of defendant's reduced moral culpability may be categorically discounted… |
| 24-5342 | In Re Richard J. Ramsey | 2024-08-20 | Denied | Relisted (2)IFP | constitutional-rights court-martial due-process jury-trial sixth-amendment waiver-of-rights | WHETHER WAIVING JURY TRIAL IS CONSTITUIONAL UNDER THE 6™ AMENDMENT, WHEN THE 6™ AMENDMENT DID NOT SECURE TRIAL BY JURY AS A RIGHT, WHICH CONSEQUENTLY … | |
| 24A185 | Derek Don Posey v. Oklahoma | Oklahoma | 2024-08-19 | Presumed Complete | capital-punishment eighth-amendment fourteenth-amendment jury-selection sentencing-procedure sixth-amendment | Question not identified. | |
| 24-5339 | Seth Elred Perricone v. United States | Fifth Circuit | 2024-08-19 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | acquitted-conduct constitutional-rights due-process fifth-amendment sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a court from basing a defendant's criminal sentence on past conduct for which a jury had acquitted the… |
| 24-166 | In Re Mawule Tepe | 2024-08-15 | Denied | due-process federal-bar-admission judicial-conflict-of-interest judicial-recusal oath-of-office sixth-amendment | Under the due process clause of the Fifth Amendment, it is well established that: (i) a Judge who lacks an Oath of Office cannot preside over a case; … | ||
| 24-164 | Aaron York Dean v. Texas | Texas | 2024-08-15 | Denied | Response Waived | due-process equal-protection fifth-amendment grand-jury-indictment lesser-included-offense sixth-amendment | Does Grey v. State , 298 S.W.3d 644 (Tex. Crim. App. 2009) violate the Due Process and Equal Protection clauses of the United States Constitution by a… |
| 24A174 | Omnisun Azali v. Ohio | Ohio | 2024-08-14 | Presumed Complete | burden-of-proof criminal-procedure fourteenth-amendment self-defense sixth-amendment sufficiency-of-evidence | Does express statutory permission to act in self-defense call down the protections of the Sixth and Fourteenth Amendments to the United States Constit… | |
| 24A172 | Evan Wald v. New York | New York | 2024-08-13 | Presumed Complete | autopsy-report confrontation-clause criminal-evidence cross-examination sixth-amendment testimonial-hearsay | Whether an autopsy report created in conjunction with a homicide investigation and finding the cause of death to be a homicide is "testimonial" under … | |
| 24-5319 | Marlin Lee Gougher v. United States | Ninth Circuit | 2024-08-13 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights criminal-procedure due-process faretta-colloquy self-representation sixth-amendment | Does a .defendant that gave a lucid, literate, articulate answer that the District Court Judge did not like during a Faretta dolloquy precludes self-r… |
| 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… |
| 24-5309 | Andrew R. Allred v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2024-08-13 | Denied | IFP | criminal-procedure death-penalty ineffective-assistance-of-counsel mental-health-evaluation mitigation-testimony sixth-amendment | Whether Mr. Allred's convictions and death sentences are unconstitutional due to receiving ineffective assistance of counsel at his trial in violation… |
| 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. | |
| 24-5284 | Roy E. Terrell v. Florida | Florida | 2024-08-08 | Denied | Response WaivedIFP | criminal-procedure due-process jury-composition sixth-amendment statutory-amendment trial-rights | 1. Whether, contrary to the Due Process Clause, the trial court erred in instructing the jury on the elements of the charged crimes as defined by a st… |
| 24-5251 | Keith Vernon Davis v. David Close, Superintendent, State Correctional Institution at Houtzdale | Third Circuit | 2024-08-07 | Denied | Relisted (2)IFP | counsel-conflict due-process judicial-determination probable-cause property-seizure sixth-amendment | 1. WHETHER AN INDEPENDENT JUDICIAL DETERMINATION WAS MADE OF PROBABLE CAUSE OR A WARRANT ISSUED 1/22/2017 AT INCIDENT No. 20170122M1328 PRIOR TO ENTRY… |
| 24-5230 | Victor Vargas v. United States | Eleventh Circuit | 2024-08-05 | Denied | Response WaivedIFP | clear-error-review constitutional-rights de-novo-review mixed-questions mixed-questions-of-law-and-fact sixth-amendment speedy-trial standard-of-review | Whether the Eleventh Circuit's Standard of Review for Sixth Amendment Speedy Trial Rights That Involve "Mixed Questions of Law and Fact" Conflicts Wit… |
| 24-5227 | James W. Johnson v. United States | Third Circuit | 2024-08-05 | Denied | Response WaivedIFP | criminal-procedure due-process impartial-jury impartiality jury-selection peremptory-challenge racial-bias sixth-amendment | Whether a criminal defendant is denied his Due Process and Sixth Amendment right to an impartial jury when the trial court determines that a potential… |
| 24-124 | Brent Brewbaker v. United States | Fourth Circuit | 2024-08-05 | Denied | 5th-amendment-6th-amendment'\n\n'Did the court of antitrust-law appellate-review article-1 constitutional-challenge constitutional-error criminal-law criminal-procedure criminal-statute due-process fifth-amendment harmless-error jury-instructions presumption sherman-act sixth-amendment void-for-vagueness | 1. Section 1 of the Sherman Act criminalizes "[e]very contract ...in restraint of trade." 15 U.S.C. § 1. This prohibition cannot be applied literally … | |
| 24-5216 | Ricky Mendoza v. William Sullivan, Warden | Ninth Circuit | 2024-08-02 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure cross-examination due-process habeas-corpus habeas-relief harmless-error sixth-amendment witness-testimony | Whether the Ninth Circuit erred in denying habeas relief on petitioner's claim that the state trial court deprived him of his Sixth Amendment right to… |
| 24-121 | John Won v. United States | Second Circuit | 2024-08-02 | Denied | Amici (1) | confrontation-clause constitutional-procedure criminal-procedure criminal-trial due-process evidence exceptional-circumstances interest-of-justice sixth-amendment two-way-video video-testimony | Whether the Confrontation Clause contains an exception that permits the government to present testimony at a criminal trial by two-way video so long a… |
| 24-5200 | Victor Tavares v. Rhode Island | Rhode Island | 2024-07-31 | Denied | Response WaivedIFP | constitutional-provisions criminal-procedure double-jeopardy due-process indictment jurisdiction legal-jurisdiction petition sixth-amendment supreme-court writ-of-certiorari | Question not identified. |
| 24-5188 | Patrick Wilson v. Louisiana | Louisiana | 2024-07-31 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trials non-unanimous-jury second-degree-murder sixth-amendment state-courts | 1. As there are conflicting decisions amongst state courts of last resort concerning a constitutional issue, in accordance with Rule X(b), this matter… |
| 24-5189 | Brandon Alexander v. Ohio | Ohio | 2024-07-31 | Denied | Response WaivedIFP | burden-of-proof direct-appeal evidence-admission harmless-error inadmissible-evidence ineffective-assistance-of-counsel prejudice-standard sixth-amendment | When a defendant asserts IAC on direct appeal in Ohio for failing to object to inadmissible evidence and is able to demonstrate deficient performance,… |
| 24-5178 | Keith Earl Robinson v. Jim Farris, Warden | Tenth Circuit | 2024-07-30 | Denied | IFP | criminal-procedure defense-strategy due-process ineffective-assistance jury-instructions sixth-amendment sixth-amendment,criminal-procedure,ineffective-ass | 1. Did Mr. Robinson's trial counsel's performance in preparing defense witnesses meet the standards of effective assistance of counsel, as required by… |
| 24-5171 | Jeffrey Wayne Ross v. Edward Bickham, Warden | Fifth Circuit | 2024-07-30 | Denied | Relisted (2)IFP | constitutional-rights defense-witnesses due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel non-homicide-case self-defense sixth-amendment | 1. Whether or not the trial court and Fifth Circuit Court of Appeals erred when they made a decision that Petitioner didn't receive ineffective assist… |
| 24-5162 | Johnny Ho v. United States | Sixth Circuit | 2024-07-29 | Denied | Response WaivedIFP | criminal-procedure fair-trial impartial-jury judicial-discretion jury-selection peremptory-challenges sixth-amendment voir-dire | This petition involves questions of exceptional importance for jury selection in trials in all jurisdictions across our nation, involving the process … |
| 24-5160 | Duane Leo Ehmer, Darryl William Thorn, and Jake Ryan v. United States | Ninth Circuit | 2024-07-29 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure criminal-prosecution ex-parte jury-selection jury-trial petty-offenses presley-v-georgia sixth-amendment structural-error sua-sponte | (1) Whether the district court's sua sponte, ex parte, and case-specific excusal of trial jurors for cause constituted reversible structural error? (… |
| 24A100 | Brennaris Marquis Johnson v. Washington | Washington | 2024-07-29 | Presumed Complete | aggravating-factors criminal-sentencing judicial-discretion jury-trial sentencing-guidelines sixth-amendment | Whether a sentence above the statutory presumptive range violates the jury trial right where the judge may not impose such a sentence, even after a ju… | |
| 24-5166 | Nicholas Joseph v. United States | Second Circuit | 2024-07-29 | Denied | IFP | abuse-of-discretion circuit-split criminal-procedure federal-rules-of-criminal-procedure impartial-jury newly-discovered-evidence sixth-amendment unconscious-bias voir-dire | 1) Whether this Court should grant Certiorari to address whether a trial judge, when requested by defense counsel, must voir dire on implicit or uncon… |
| 24A84 | Troy L. Fields v. Colorado | Colorado | 2024-07-26 | Presumed Complete | criminal-episodes habitual-offender jury-trial prior-convictions sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments required a jury to find that Mr. Fields's prior convictions were separately brought and tried and arose out of … | |
| 24A88 | Michael Collins Iheme v. Minnesota | Minnesota | 2024-07-25 | Presumed Complete | due-process fourteenth-amendment ineffective-assistance judicial-bias postconviction-relief sixth-amendment | Question not identified. | |
| 24-5123 | Angel Sanchez v. Teresa Cisneros, Warden | Ninth Circuit | 2024-07-23 | Denied | Response WaivedRelisted (2)IFP | calcrim-375 constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fair-trial fifth-amendment fourteenth-amendment prior-acts sixth-amendment | WheVW petitioner Was Denied His FiFtty 3/Xrh//Avui Fow+eetH AfoeYiWvif Right +0 Due process Av\H Ftxvo Tm\ Because ottt C0(avTS USe OF prior Acts In… |
| 24A66 | Austin Kyle Lee v. United States | Fourth Circuit | 2024-07-19 | Presumed Complete | apprendi-error drug-felony harmless-error jury-trial sentencing-enhancement sixth-amendment | 1. This case concerns the standard of review for a violation of the Sixth Amendment right to a jury. The Sixth Amendment provides that, in all crimina… | |
| 24-5118 | Jared Holton Seavey v. Texas | Texas | 2024-07-19 | GVR | Response RequestedResponse WaivedRelisted (2)IFP | confrontation-clause criminal-procedure due-process expert-testimony medical-examiner precedent remand sixth-amendment | I. Where the State used a surrogate medical examiner to opine as to the cause of death in a murder trial, should the Court GVR this matter in light of… |
| 24-5119 | Stacey Williams, Jr. v. United States | Sixth Circuit | 2024-07-19 | Denied | Response WaivedIFP | criminal-procedure due-process mandatory-life-sentence mandatory-sentencing sentencing sentencing-enhancement sixth-amendment statutory-interpretation | I. Whether Mr. Williams's Count 1 conviction and corresponding life sentence violate his right to due process? II. Whether application of a 21 U.S.C.… |
| 24-5113 | Steven Alexander Mantecon v. Florida | Florida | 2024-07-18 | Denied | IFP | constitutional-right criminal-defendant criminal-procedure due-process felony felony-offense fourteenth-amendment jury jury-trial sixth-amendment trial-procedure | 1. Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense. |
| 24-5111 | Amadi Sosa v. Massachusetts | Massachusetts | 2024-07-18 | Denied | Response WaivedIFP | burden-of-proof confrontation-clause constructive-malice cross-examination due-process felony-murder perjury-protocol sixth-amendment winship-fact | 1. In a joint trial on a joint venture murder charge, the trial judge implemented a state protocol that enabled one co-defendant to give perjured test… |
| 24-5110 | Cristobal Castillo-Velasquez v. United States | Fifth Circuit | 2024-07-18 | Denied | Response WaivedIFP | almendarez-torres case-law constitutional-interpretation criminal-procedure due-process judicial-discretion legal-precedent precedent-overruling sentencing sixth-amendment supreme-court supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 24-5102 | Alexi Hinojosa Matos v. Texas | Texas | 2024-07-18 | Denied | IFP | appointment-of-counsel criminal-procedure due-process habeas-corpus miscarriage-of-justice prosecutorial-misconduct sixth-amendment trial-counsel writ-application | Due to the gross nature of trial counsel's errors, and the miscarriage of justice due to prosecutor's misconduct, should the Court of Criminal Appeals… |
| 24-5100 | Elmer Dean Baker v. Indiana | Indiana | 2024-07-18 | Denied | Response WaivedRelisted (2)IFP | due-process fair-trial Fifth-Amendment-due-process Fourteenth-Amendment-due-process juror-misconduct jury-bias pre-trial-publicity sixth-amendment voir-dire | Questions One Preface: Prior to Petitioner 's trial, defense counsel requested the court to investigate the possibility the jury would be bias becaus… |
| 24-5079 | John W. Patton v. Louisiana | Louisiana | 2024-07-16 | Denied | Response WaivedIFP | actual-innocence confrontation constitutional-rights due-process fair-trial grand-jury impartial-judge judicial-interference perjury pro-se-defendant sixth-amendment stand-by-counsel transcript | 1. What defense tools are Louisiana pro-se defendants entitled to when they choose to represent themselves pro-se at trial? a. Does it Violate Due Pro… |
| 24A38 | Cid C. Franklin v. New York | New York | 2024-07-12 | Presumed Complete | bail-hearing confrontation-clause criminal-procedure evidence-admission sixth-amendment testimonial-statement | 1. This case raises the fundamental question of when a statement is "testimonial" and thus subject to the Sixth Amendment's Confrontation Clause. See … | |
| 24-5062 | Amanda Reynolds v. City of Sandy, Utah | Utah | 2024-07-12 | Denied | IFP | birchfield-v-north-dakota constitutional-violation due-process exclusionary-rule fifth-amendment first-amendment fourth-amendment implied-consent miranda-rights sixth-amendment standing-mootness-public-interest-doctrine | There comes a point in time in the development of a State that its actors are compelled to evaluate its integrity in relation to both, its Constitutio… |
| 24-5055 | Tre'veon Demarcus Anderson v. Louisiana | Louisiana | 2024-07-11 | Denied | Response WaivedIFP | confrontation-clause constitutional-rights douglas-v-alabama due-process fifth-amendment prosecutorial-misconduct self-incrimination sixth-amendment sixth-and-fourteenth-amendments | The State knew Mr. Lawrence Guydel l Pierre, an admi tted pri ncipal to Ms. Chateri Payne's murder and an al leged co-conspi rator, woul d invoke hi s… |
| 24-5037 | William J. Kemp v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. | Third Circuit | 2024-07-10 | Denied | Response WaivedRelisted (2)IFP | 5th-amendment criminal-procedure due-process griffin-v-california habeas-corpus ineffective-assistance jury-instructions miranda-rights prosecutorial-misconduct sixth-amendment | 1. Does a prosecutor's violations of Federal Due Process, as were identified here by the trial court, or invalid jury instructions warrant habeas reli… |
| 24-25 | Mrugeshkumar Kumar Shah v. United States | Fifth Circuit | 2024-07-10 | Denied | Response RequestedResponse WaivedRelisted (5) | apprendi-rule constitutional-rights criminal-fines criminal-penalty criminal-restitution hester-v-united-states jury-determination sixth-amendment southern-union-co-v-united-states | Whether the Sixth Amendment reserves to juries the determination of any fact underlying a criminal restitution order. |
| 24-5033 | Jose Domingo Carranza-Rubio v. United States | Fifth Circuit | 2024-07-09 | Denied | Response WaivedIFP | almendarez-torres case-law constitutional-interpretation criminal-procedure due-process judicial-discretion legal-precedent precedent-overruling sentencing sixth-amendment supreme-court supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 24-5032 | Jackson Jacob v. United States | Fifth Circuit | 2024-07-09 | Denied | Response RequestedResponse WaivedRelisted (5)IFP | anti-kickback-statute criminal private-health-insurers restitution scope sixth-amendment | Does the Anti-Kickback Statute, 42 U.S.C. § 1320a-7(b), extend to services paid for by private health insurers? Does the Sixth Amendment reserve to j… |
| 24-5029 | Jurgen Marku v. Florida | Florida | 2024-07-09 | Denied | Response WaivedIFP | Bruton-v-United-States Codefendant confrontation-clause criminal-prosecution Cross-Examination Due-Process felony-murder fourteenth-amendment Guilty-Plea sixth-amendment | Whether it is a violation of a criminal defendant's Confrontation Clause and Due Process Clause rights to allow the prosecution to inform the jury tha… |
| 24-23 | Michael Bassem Rimlawi v. United States | Fifth Circuit | 2024-07-09 | Denied | Response RequestedResponse WaivedRelisted (5) | certiorari confrontation-clause constitutional-error error-based-approach guilt-based-approach harmless-error sixth-amendment | I. On the important question of how courts are to decide whether constitutional error is harmless, this Court has, since 1967, given inconsistent and … |
| 24-5019 | Daniel Salgado v. United States | Fifth Circuit | 2024-07-08 | Denied | Response WaivedIFP | almendarez-torres apprendi-rule certiorari constitutional-interpretation criminal-procedure-sentencing notice-clause prior-conviction-exception sixth-amendment supreme-court-review | L Should Almendarez-Torres v. United States, 523 U.S. 224 (1998), be overruled? I. Should this Court should grant certiorari, vacate the judgment bel… |
| 24-5014 | Aweis Haji-Mohamed v. United States | Sixth Circuit | 2024-07-08 | Denied | Response WaivedIFP | circuit-split due-process ineffective-assistance mandatory-minimum plea-bargaining prejudice prejudice-analysis sixth-amendment sixth-circuit-error strickland-standard strickland-v-washington | The Sixth Circuit deliberately applied a more demanding standard for showing prejudice for ineffective assistance of counsel than the standard establi… |
| 23-7840 | Douglas Lemon v. Illinois | Illinois | 2024-07-02 | Denied | Relisted (2)IFP | actual-innocence constitutional-violation disclosure-of-evidence due-process due-process-clause evidence-disclosure fitness-evaluation ineffective-assistance-of-counsel ineffective-counsel sixth-amendment | (1), He was not given a fair Fitness Evaluation Nor Hearing, Due Process Right, U.S. Constitution, Amendment, 14th, ILL. Const. ( 1970 ) Art; 1 § 2; d… |
| 23-7838 | Davit Davitashvili v. United States | Third Circuit | 2024-07-01 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment constitutional-violations criminal-procedure due-process fifth-amendment mental-health-disclosure miscarriage-of-justice prosecutorial-misconduct sixth-amendment | 1. Were there violations of the 5th and 6th Amendments? 2. Was Prosecutor Zalesky's lies and slander of my character and other misconduct a miscarria… |
| 23-7819 | LaShonda O'Neill v. United States | Fifth Circuit | 2024-06-28 | Denied | Response WaivedIFP | abuse-of-discretion alleyne-v-united-states drug-quantities fifth-amendment harmless-error judicial-fact-finding plain-error sentencing-enhancement sixth-amendment | 1). Whether the Fifth Circuit Court of Appeals erred when it failed to employ the Plain error analysis to review, de novo, the District Court's abuse … |
| 23-7805 | In Re Enrique Medina | 2024-06-28 | Denied | IFP | access-to-court constitutional-law constitutional-rights criminal-procedure due-process exclusionary-rule fourth-amendment jurisdiction search-and-seizure sixth-amendment warrantless-search | 1. WHETHER THE PETITIONER IS PARTY TO SEEK TRIAL WHEN PETITIONER'S RIGHTS VIOLATED 2. WHETHER RESPONDENT'S SUIT VIOLATED PETITIONER'S PROCEDURAL DUE … | |
| 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… |
| 23-7803 | Michael Sean Graham v. United States | Ninth Circuit | 2024-06-25 | Denied | Response WaivedIFP | confrontation confrontation-clause covid-19-restrictions due-process fifth-amendment public-interest sars-cov-2 sixth-amendment trial-procedure | 1. By denying relief, did the Ninth Circuit Court of Appeals err in holding that the masking of trial witnesses was not a violation of defendant's Fif… |
| 23-7799 | Esther Martin v. Indiana | Indiana | 2024-06-25 | Denied | Response WaivedIFP | competency competency-to-stand-trial counsel-performance due-process effective-assistance-of-counsel ineffective-assistance intellectual-disability post-conviction post-conviction-proceedings sixth-amendment | The Fourteenth Amendment to the United States Constitution prohibits the trial of incompetent persons, and the Sixth Amendment entitles criminal defen… |
| 23A1151 | Devin Allen Bennett v. Mississippi | Mississippi | 2024-06-25 | Presumed Complete | capital-sentencing double-edged-sword ineffective-assistance mitigation-evidence sixth-amendment strickland-standard | Whether trial counsel's lack of mitigation investigation is excused by a court-manufactured theoretical strategy to argue residual doubt; and whether … | |
| 23-7789 | In Re Glenn A. Holder | 2024-06-24 | Denied | Relisted (2)IFP | actual-innocence constitutional-rights due-process due-process-violations fair-trial ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard structural-error | 1) HAS THE PETITIONER BEEN WRONGFULLY CONVICTED, DUE TO STRUCTURAL ERROR 8S AT TRIAL, WHICH VIOLATE) EVERY UNITED STATES CONSTITUTIONAL RIGHT HE HAD A… | |
| 23-7787 | Enrique Martinez-Flores v. United States | Fifth Circuit | 2024-06-24 | Denied | Response WaivedIFP | almendarez-torres apprendi-v-new-jersey constitutional-interpretation criminal-enhancement criminal-procedure historical-analysis notice-clause prior-conviction-exception recidivism sixth-amendment sixth-amendment-notice-clause | L Can the prior-conviction exception from Almendarez-Torres be squared with the text of the Sixth Amendment's Notice Clause and the historical practic… |
| 23A1145 | Percy L. Jacobs v. United States | Fourth Circuit | 2024-06-24 | Presumed Complete | 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 … | |
| 23-7783 | Joseph James Conkling v. Kansas | Kansas | 2024-06-24 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | apprendi-precedent apprendi-rule blakely-rule blakely-v-washington criminal-sentencing fact-finding jury-determination jury-trial sentencing sixth-amendment unpled-facts | Does this Court's decision in Blakely v. Washington, 542 U.S. 296 (2004) establish an "unpled but admitted facts" exception to the rule set forth in A… |
| 23-7778 | Davonte Williams-Dorsey v. United States | Second Circuit | 2024-06-21 | Denied | Response WaivedIFP | criminal-procedure criminal-procedure-due-process-jury-trial-evidence due-process duress-defense fifth-amendment judicial-precedent jury-trial sixth-amendment trial-procedure united-states-v-contento-pancho united-states-v-paul | Did the lower courts err in their preclusion of Petitioner's duress defense at trial, given the preexisting caselaw, wherein the Jury, not the Court, … |
| 23-7774 | Pablo Santana Arellano v. United States | Fifth Circuit | 2024-06-21 | Denied | IFP | co-conspirator-testimony co-conspirators confrontation-clause confrontation-rights criminal-procedure sentencing-agreements sixth-amendment witness-bias | Whether, under the Sixth Amendment to the United State Constitution, defendants may be prohibited from asking cooperating witnesses, and former co-con… |
| 23-7768 | Leonard Williamson, Jr. v. United States | Seventh Circuit | 2024-06-20 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment sentencing-guidelines sixth-amendment | Whether the Fifth and Sixth Amendments prohibit the district court from considering conduct of which Mr. Williamson was acquitted by the jury when cal… |
| 23-7766 | Charles Edward Luckett v. Robert Neuschmid, Warden | Ninth Circuit | 2024-06-20 | Denied | Response WaivedIFP | brady-v-maryland burden-of-proof criminal-procedure due-process evidence exclusionary-rule fourteenth-amendment fourth-amendment habeas-corpus sixth-amendment witness | Whether the Ninth Circuit applied this Court's precedents in Bradshaw v. State and Barclay v. Marchand to exclude a defendant's custodial interrogatio… |
| 23-1329 | Francisco De Aragon v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2024-06-20 | Denied | Response Waived | aedpa certificate-of-appealability habeas ineffective-assistance-of-counsel sixth-amendment strickland-v-washington | This case arises from a habeas petition brought under 28 U.S.C. § 2254 alleging ineffective assistance of counsel in violation of the Sixth Amendment … |
| 23-1313 | Natin Paul v. The Roy F. and Joann Cole Mitte Foundation | Texas | 2024-06-18 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | civil-procedure criminal-contempt due-process due-process,criminal-contempt,sixth-amendment,stan habeas-corpus judicial-ethics sixth-amendment | A Texas court permitted a financially interested civil party's lawyer to prosecute his opposing party, petitioner Natin Paul, for criminal contempt. T… |
| 23-7740 | William H. Baker v. Angela Hunsinger-Stuff, Warden | Sixth Circuit | 2024-06-18 | Denied | IFP | constitutional-rights due-process effective-assistance-of-counsel equal-protection fifth-amendment fourteenth-amendment miscarriage-of-justice procedural-default sixth-amendment | Whether the procedural default creates a miscarriage of justice that denies Petitioner his fundamental rights to due process as guaranteed by the Fift… |
| 23-7746 | Robert Brumfield, III v. United States | Fifth Circuit | 2024-06-18 | Denied | Response WaivedIFP | acquitted-conduct brady-prejudice criminal-procedure due-process fifth-amendment jury-acquittal prosecution-evidence sentencing sentencing-guidelines sixth-amendment | 1. Whether courts evaluating Brady prejudice are permitted to ignore a jury's acquittal when evaluating the strength of the prosecution's evidence. I… |
| 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… |
| 23-7724 | In Re Shomas T. Winston | 2024-06-14 | Denied | IFP | evidentiary-hearing fair-trial fourteenth-amendment impartial-jury juror-misconduct jury-selection sixth-amendment voir-dire | I. WHETHER A PETITIONER SHOULD BE DENIED AN EVIDENTIARY HEARING TO QUESTION A JUROR WHO FAILED TO DISCLOSE INFORMATION BECAUSE STATE COURTS RULED PETI… | |
| 23-1309 | Karnail Singh v. United States | Sixth Circuit | 2024-06-14 | Denied | Response Waived | breach-of-plea-agreement coram-nobis corum-nobis due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement relief sixth-amendment | Whether the denial of corum nobis relief was erroneous given that Petitioner suffered ineffective assistance of counsel. Whether the facts constitute… |
| 23-7711 | Philong Nghia Huynh v. J. Lizarraga | Ninth Circuit | 2024-06-13 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure criminal-trial forensic-nurse sixth-amendment surrogate-nurse surrogate-testimony testimonial-statements testimony | Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a surrogate nurse conveyin… |
| 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… |
| 23-7707 | Martin Ochoa-Perez v. United States | Fifth Circuit | 2024-06-13 | Denied | Response WaivedIFP | almendarez-torres apprendi-rule apprendi-v-new-jersey common-law-history criminal-sentencing notice-clause prior-conviction-exception recidivism sixth-amendment sixth-amendment-notice-clause | Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 23-7703 | Walter Taylor, III v. Vermont | Vermont | 2024-06-12 | Denied | Response WaivedIFP | defense-theory due-process fourteenth-amendment jury-instructions jury-trial sixth-amendment voluntary-intoxication | Is a criminal defendant denied his right to a jury trial under the Sixth Amendment and due process under the Fourteenth Amendment when the trial court… |
| 23-7699 | Levoyd A. Jones v. Angela Hunsinger-Stuff, Warden | Sixth Circuit | 2024-06-12 | Denied | IFP | 6th-amendment brady-violation criminal-procedure direct-evidence due-process evidence ineffective-assistance jurisdiction sixth-amendment trial-counsel uncharged-crime witness-impeachment | I. Whether evidence of an uncharged crime that occured two years after the time-frame of the indictment can be used as direct evidence linking the def… |
| 23-7697 | Zachary Kelsey v. Tim Garrett, Warden, et al. | Ninth Circuit | 2024-06-12 | Denied | Response WaivedIFP | cause-of-death closing-argument criminal-procedure criminal-trial forensic-pathologist forensic-pathology habeas-corpus ineffective-assistance-of-counsel second-degree-murder sixth-amendment | 1. Whether Zachary Kelsey was deprived of the effective assistance of counsel when trial counsel waived Kelsey's closing argument at trial. 2. Whethe… |
| 23-7685 | Edwin K. Davis v. Florida | Florida | 2024-06-11 | Denied | Response WaivedIFP | criminal-procedure fourteenth-amendment jury-trial ramos-v-louisiana sixth-amendment williams-v-florida | Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 23-7673 | Aubrey Jiles Stanley, Jr. v. Bryan Morrison, Warden | Sixth Circuit | 2024-06-10 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct self-defense severance sixth-amendment witness-testimony | 1.) WAS TRIAL COUNSEL INEFFECTIVE FOR FAILURE TO MOVE FOR A MISTRIAL, OR FILE A SEVERANCE MOTION IN THE CIRCUIT COURT, WHICH PREJUDICE HIS DEFENSE? FO… |
| 23-7672 | Andrew Culler v. Ohio | Ohio | 2024-06-07 | Denied | IFP | confrontation-clause due-process medical-examination sexual-assault sixth-amendment testimonial-hearsay victim-statements | The admission of testimonial hearsay violates the Sixth Amendment's Confrontation Clause. In this case, the medical/sexual assault nurse's examination… |
| 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… |
| 23-7661 | 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. |
| 23A1090 | Victor Vargas v. United States | Eleventh Circuit | 2024-06-06 | Presumed Complete | clear-error constitutional-rights drug-distribution post-indictment-delay sixth-amendment speedy-trial | Question not identified. | |
| 23-7637 | Andres Nixon Gonzales-Catagua, aka Nexon Gonzalez v. United States | Eleventh Circuit | 2024-06-05 | Denied | Response WaivedIFP | criminal-procedure drug-enforcement drug-interdiction jurisdiction jurisdictional-limit law-enforcement maritime-drug-law maritime-law military-law-enforcement miranda-warnings sixth-amendment | WHETHER the jurisdictional limit contained in the Maritime Drug Law Enforcement Act relates to the legislative reach of the statute or whether it rela… |
| 23-7615 | Randall Crater v. United States | First Circuit | 2024-06-03 | Denied | Response WaivedIFP | compulsory-process criminal-procedure fair-trial sixth-amendment structural-error touhy-regulations trial-subpoenas witness-testimony | Whether the district court's decision to quash three trial subpoenas because defendant did not comply with Touhy regulations violated defendant's Sixt… |
| 23-7620 | Donald Kie, Jr. v. Garrett, Warden | Ninth Circuit | 2024-06-03 | Denied | IFP | certificate-of-appealability criminal-conviction due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel ninth-circuit plea-bargaining sixth-amendment sufficiency-of-evidence sufficient-evidence | Did the Ninth Circuit Court of Appeals err in denying a Certificate of Appealability ( "COA") consistent with the standards set by 28 U.S.C. § 2253(c)… |
| 23-7623 | Estephen Castellon v. Ohio | Ohio | 2024-06-03 | Denied | IFP | criminal-procedure discovery due-process evidence-preservation exculpatory-evidence law-enforcement sixth-amendment speedy-trial warrant-execution | Whether the failure to preserve potentially exculpatory evidence under the Trombetta and Youngblood standards, coupled with delays in trial proceeding… |
| 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… |
| 23A1069 | Michael Bassem Rimlawi v. United States | Fifth Circuit | 2024-05-30 | Presumed Complete | bruton-rule codefendant-statement confrontation-clause constitutional-error harmless-error sixth-amendment | Question not identified. | |
| 23-7588 | Ruben Mendezsales v. Florida | Florida | 2024-05-29 | Denied | IFP | 14th-amendment 6th-amendment constitutional-rights criminal-procedure felony felony-charges fourteenth-amendment jury-trial overrule sixth-amendment williams-v-florida | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7564 | Ricky T. Jackson v. United States | Sixth Circuit | 2024-05-28 | Denied | Response WaivedIFP | confidential-informant criminal-procedure criminal-sentencing double-hearsay due-process evidentiary-sufficiency sentencing sentencing-enhancement sixth-amendment sixth-circuit | 1. Whether this Honorable Court should grant certiorari to review whether the Sixth Circuit's determination that the uncorroborated and unreliable dou… |
| 23-7566 | Brendon Tyre Garner v. United States | Fourth Circuit | 2024-05-28 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment acquitted-conduct criminal-procedure due-process fifth-amendment sentencing sentencing-guidelines sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 23-7569 | Raymond Woodley v. North Carolina | North Carolina | 2024-05-28 | Denied | Response WaivedIFP | conflict-of-interest criminal-procedure due-process ineffective-assistance multiple-representation sixth-amendment strickland-prejudice strickland-standard sullivan-standard trial-court | When counsel alerts the trial court to a conflict of interest not involving multiple representation, and the trial court fails to resolve the conflict… |
| 23A1057 | Mrugeshkumar Kumar Shah v. United States | Fifth Circuit | 2024-05-28 | Presumed Complete | anti-kickback-statute constitutional-fact-finding criminal-restitution healthcare-conspiracy jury-determination sixth-amendment | Whether the Sixth Amendment reserves to juries the determination of any fact underlying a criminal restitution order. | |
| 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… |
| 23A1049 | Meko R. Walker v. United States | Fifth Circuit | 2024-05-23 | Presumed Complete | constitutional-rights criminal-procedure ineffective-assistance right-to-testify sixth-amendment trial-counsel | Question not identified. | |
| 23A1048 | Quentin Veneno, Jr. v. United States | Tenth Circuit | 2024-05-23 | Presumed Complete | covid-19 criminal-procedure preservation public-trial right-to-access sixth-amendment | The circumstances under which Rule 51 triggers a criminal defendant's obligation to object to a violation of his or her right to a public trial, and s… | |
| 23-7521 | Keith Lamar Rodgers v. Florida | Florida | 2024-05-21 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7528 | Aaron Matthew Rentfrow v. United States | Fifth Circuit | 2024-05-21 | Denied | Response WaivedIFP | criminal-procedure evidence fair-trial juror-misconduct jury-misconduct prosecutorial-conduct prosecutorial-misconduct sixth-amendment trial-procedure witness-testimony | The district court erred by failing to grant a mistrial. Error in the following four respects, viewed in aggregate, deprived Mr. Rentfrow of his Sixth… |
| 23-7516 | Anthony Roy Spain v. Oklahoma | Oklahoma | 2024-05-20 | Denied | IFP | creek-nation criminal-procedure direct-appeal flores-ortega ineffective-assistance ineffective-assistance-of-counsel jurisdiction mcgirt-decision mcgirt-v-oklahoma sixth-amendment | Were trial counsel ineffective, in violation of Roe v. Flores-Ortega, 528 U.S. 470 (2000), for failing to consult with Mr. Spain about taking a direct… |
| 23-7503 | Christopher Michael Bullins Croce v. Florida | Florida | 2024-05-17 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment constitutional-rights criminal-procedure due-process felony first-amendment fourteenth-amendment jury-trial sixth-amendment stalking-statute | I. Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? II. Wh… |
| 23-7496 | In Re Olamide O. Bello | 2024-05-16 | Denied | IFP | access-to-court access-to-courts constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment speedy-trial-act standing | Whether tre failure of tne Counsel to Pursue an appea\ Or Motion the Pebttonee wWourd hove Ofnerwise Puvsyed Wolate tne Sixth amendment Preyudice tn t… | |
| 23-1218 | Alfredo Navarro Hinojosa v. United States | Fifth Circuit | 2024-05-16 | Denied | Response Waived | burden-of-proof circuit-split direct-appeal evidentiary-hearing harmless-error ineffective-assistance kotteakos-v-united-states preserved-nonconstitutional-errors sixth-amendment sufficiency-of-evidence | Does the Fifth Circuit's harmless-error standard applied to preserved nonconstitutional errors—which asks whether there is a "reasonable probability" … |
| 23-7488 | Jose Eliso Zavala v. Texas | Texas | 2024-05-15 | Denied | IFP | 14th-amendment 6th-amendment actual-bias constitutional-rights fair-trial fourteenth-amendment impartial-jury juror-bias prejudice sixth-amendment structural-error | QUESTION No. 1 WHETHER OR NOT THE PETITIONER WAS DEPRIVED OF HIS CONSTITUTIONAL RIGHTS TO A FAIR AND IMPARTIAL TRIAL UNDER THE 6TH AND 14TH AMENDMEN… |
| 23-7467 | Joseph Thomas Saari v. Kris Rish, Warden | Eighth Circuit | 2024-05-14 | Denied | Response WaivedIFP | aedpa certificate-of-appealability constitutional-error first-amendment mootness retroactivity right-to-jury-trial sixth-amendment | Did the panel of the Eighth Circuit err by deciding the merit of an appeal not properly before the court to justify the denial of a certificate of app… |
| 23-7472 | Torrie Chermaine Austin v. Florida | Florida | 2024-05-14 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7458 | In Re Michael David Hower | 2024-05-13 | Dismissed | Response WaivedIFP | acquitted-charge acquitted-conduct criminal-procedure due-process evidentiary-hearing habeas-corpus jury-trial section-2255 sentencing sentencing-enhancement sixth-amendment | Did the Courts below commit reversible err denying petitioners 2255 motion without conducting an evidentiary hearing to resolve factual disputes? Di… | |
| 23-7460 | William Burton v. Brian Emig, Warden, et al. | Third Circuit | 2024-05-13 | Denied | IFP | criminal-procedure effective-assistance-of-counsel evidentiary-stipulation fourteenth-amendment ineffective-assistance-of-counsel mccoy-v-louisiana plea-rights sixth-amendment strickland-standard | Was Petitioner's Sixth and Fourteenth Amendment right to effective assistance of counsel violated when his trial attorney stipulated to the prosecutio… |
| 23-7427 | Alton Pelichet v. Fredeane Artis, Warden | Sixth Circuit | 2024-05-09 | Denied | Response WaivedIFP | certificate-of-appealability due-process equal-protection fair-trial fourteenth-amendment sixth-amendment | Whether this Honorable Court should grant Petitioner's Petition for a Writ of Certiorari, where Petitioner has demonstrated that his rights to a fair … |
| 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… |
| 23-7406 | Bobby Rouse v. United States | Fifth Circuit | 2024-05-07 | Denied | Response WaivedIFP | constitutional-rights criminal-defense criminal-procedure due-process effective-assistance-of-counsel equal-protection ineffective-assistance-of-counsel pro-se pro-se-representation sixth-amendment | 1. Is it a violation of appellant's Sixth Amendment constitutional rights for defense counsel to refuse to investigate the evidence and interview witn… |
| 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 … |
| 23-7387 | Justin Luis Sanchez v. Florida | Florida | 2024-05-06 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-1194 | Erik Hentzen v. United States | Sixth Circuit | 2024-05-06 | Denied | Response Waived | appeal appellate-review child-pornography harmless-error ineffective-assistance ineffective-assistance-of-counsel prejudice-prong sixth-amendment strickland-standard strickland-v-washington | Can Strickland v. Washington's "prejudice prong," be satisfied by a showing that constitutionally inadequate representation at the trial-court level "… |
| 23-7374 | David Allen v. United States | Sixth Circuit | 2024-05-03 | Denied | Response WaivedIFP | cell-phone commerce-clause constitutional-interpretation original-meaning sixth-amendment sixth-circuit speedy-trial statutory-interpretation substantial-effects-test supreme-court-precedent | I. Whether the broad rule adopted by the Sixth Circuit, that the Commerce Clause gives congress the power to regulate all conduct incidentally using a… |
| 23-7379 | Michael Hebert v. Tim Hooper, Warden | Fifth Circuit | 2024-05-03 | Denied | Response WaivedIFP | brady-violation constitutional-violations due-process evidence evidence-contamination fifth-amendment fourteenth-amendment ineffective-assistance prosecutorial-misconduct sixth-amendment | QUESTION 1(A): Whether The Lower Court Erred Denying CO A On The Claim Of Prosecutorial Misconduct Where The State Pvefused To Reveal Evidence And Fa… |
| 23A983 | Robert Brumfield, III v. United States | Fifth Circuit | 2024-05-03 | Presumed Complete | acquitted-conduct brady-violation criminal-procedure fifth-amendment sentencing-enhancement sixth-amendment | Question not identified. | |
| 23-7372 | Meghan Kelly v. Disciplinary Counsel Patricia B. Swartz, et al. | Third Circuit | 2024-05-02 | Denied | Relisted (2)IFP | civil-procedure civil-rights constitutional-rights disciplinary-proceedings due-process fifth-amendment first-amendment free-speech judicial-discretion professional-disciplinary-proceedings sixth-amendment standing | I. Should this Court hear the appeal in a case and controversy to allow the Courts on remand, not Congress, or bureaucrats or Disciplinary Boards to c… |
| 23A972 | Benjamin Biancofiori v. United States | Seventh Circuit | 2024-05-01 | Presumed Complete | confrontation-clause criminal-procedure evidence-admissibility hearsay-exception sex-trafficking sixth-amendment | Question not identified. | |
| 23-1181 | Gail M. Ritchey v. Ohio | Ohio | 2024-05-01 | Denied | Amici (1) | autopsy-report confrontation-clause criminal-investigation criminal-procedure evidence hearsay-evidence medical-examiner medical-examiner-testimony sixth-amendment | Does the admission of an autopsy report and testimony from a doctor who neither participated in the autopsy nor prepared the report violate the Sixth … |
| 23-7329 | Alrick Brown v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2024-04-29 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment constitutional-rights due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel premeditated-murder self-defense sixth-amendment | I. The United States Supreme Court has held that a state criminal Appellant has Constitutional Right to a fair trial guaranteed by the Due Process Cla… |
| 23-7332 | Angel De Jesus Castillo-Godoy v. United States | First Circuit | 2024-04-29 | Denied | Response WaivedIFP | appeal-waiver burden-of-proof criminal-procedure due-process fifth-amendment government-defense jurisdiction opening-brief reply-brief sixth-amendment | Whether a criminal defendant must raise the issue of an appeal waiver in his opening brief or whether it falls upon the government to raise the waiver… |
| 23-7312 | James Bennett v. United States | Eighth Circuit | 2024-04-26 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure due-process fifth-amendment sentencing sixth-amendment | Whether consideration of acquitted conduct by the District Court in consideration of Bennett's ultimate sentence violates the Due Process Clause of th… |
| 23-7322 | Gabriel Paul Hall v. Texas | Texas | 2024-04-26 | Denied | IFP | attorney-conduct capital-appointments capital-punishment due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel pecuniary-incentive sixth-amendment state-statute | When a state has a rule that an attorney must be given an opportunity to explain his conduct before being found to have rendered ineffective assistanc… |
| 23-7306 | Ronnie Y. Conrad v. Rob St. Andre, Warden | Ninth Circuit | 2024-04-25 | Denied | IFP | 6th-amendment conflict-of-interest criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel presumption-of-prejudice prosecutorial-misconduct retroactivity sixth-amendment | Whether the presumption of prejudice applies to conflict-of-counsel claims when the defense attorney is being prosecuted by the same agency prosecutin… |
| 23-1145 | Ojin Kim v. United States | Fifth Circuit | 2024-04-22 | Denied | Response Waived | case-or-controversy criminal-conviction deportation deportation-consequences federal-jurisdiction habeas immigration-consequences ineffective-assistance post-conviction-relief sixth-amendment standing strickland-standard | Whether the real threat of deportation as a result of a federal criminal conviction establishes standing and a real case in controversy for federal co… |
| 23-7265 | Nicholas Stewart Hines v. South Dakota | South Dakota | 2024-04-19 | Denied | Response WaivedIFP | criminal-procedure double-jeopardy due-process fourteenth-amendment plea-agreement plea-bargaining sentencing sentencing-considerations sixth-amendment | 1.) WHETHER THE SIXTH AND FOURTEENTH AMENDMENTS PERMIT GREATER INCLUDED OFFENSES AND CONDUCT THAT HAS BEEN ACQUITTED BY A JURY, OR DISMISSED PURSUANT … |
| 23-7266 | Nathaniel O. Robinson v. Louisiana | Louisiana | 2024-04-19 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure direct-review fourteenth-amendment griffin-v-kentucky jury-unanimity ramos-v-louisiana sixth-amendment state-proceedings | it4 V- VOMisiAHfv / THIS Covet \i$u> that The 6|/th Amendment to the Vt^TEp STATED C^H6rVrroT\cn , 6/TENDEP To THE STATED £>y wAy OpTUe FoOpTeENTH A… |
| 23-7272 | Matthew Michael Albritton v. Florida | Florida | 2024-04-19 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7276 | Robert Dwayne Smith v. Amy Robey, Warden | Sixth Circuit | 2024-04-19 | Denied | Response WaivedIFP | fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel procedural-default sixth-amendment sixth-circuit | DID THE COURT OF APPEALS FOR THE SIXTH CIRCUIT ERRONEOUSLY DENY PETITIONERS HABEAS CORPUS PETITION BECAUSE OF PROCEDURAL DEFAULT WITHOUT REVIEWING THE… |
| 23-7278 | Kasheen Samuels v. United States | Second Circuit | 2024-04-19 | Denied | Response WaivedIFP | due-process effective-assistance-of-counsel fifth-amendment grand-jury indictment-modification jury-instructions sixth-amendment | Did the Second Circuit err in failing to find that Kasheen Samuels' Fifth Amendment rights to an indictment by a Grand Jury and due process and his Si… |
| 23-7244 | Clarence F. Stephenson v. Florida | Florida | 2024-04-17 | Denied | Response WaivedIFP | constitutional-law constitutional-rights criminal-procedure criminal-trial fourteenth-amendment jury-composition jury-trial life-felony sixth-amendment | I. Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a life felony… |
| 23-7245 | Dustin Jay Harpel v. Florida | Florida | 2024-04-17 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7246 | Harold Stewart v. Florida | Florida | 2024-04-17 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process felony felony-charge fourteenth-amendment jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7248 | Hector Negron-Espada v. Florida | Florida | 2024-04-17 | Denied | IFP | constitutional-rights criminal-procedure due-process felony felony-charges fourteenth-amendment jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7232 | Quotez Tyvick Pair v. United States | Fourth Circuit | 2024-04-16 | Denied | Response WaivedIFP | civil-rights constitution constitutional-rights covid-19 district-court due-process federal-courts judicial-procedure pandemic-restrictions sixth-amendment speedy-trial | 1. CAN A UNITED STATES DISTRICT COURT'S GENERAL ORDER SUSPEND RIGHTS UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA? 2. DID THE COVID-19 PAND… |
| 23-7238 | Richard Lee Devito v. United States | Sixth Circuit | 2024-04-16 | Denied | Response WaivedIFP | certificate-of-appealability circuit-court duty-to-investigate habeas-corpus ineffective-assistance-of-counsel miller-el miller-el-standard panel-rehearing sixth-amendment sixth-circuit-law strickland strickland-ineffective-assistance | Did the Circuit Court, initially composed of one judge, err by exceeding the "threshold inquiry" as prescribed by this Court in Miller-El? Did the Ci… |
| 23-7239 | Bertrand Laidler, Jr. v. Florida | Florida | 2024-04-16 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process felony felony-charges fourteenth-amendment jury-trial sixth-amendment trial-by-jury | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7227 | Richard Lee Tabler v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2024-04-15 | Denied | Amici (1)IFP | agency-relationship habeas-corpus ineffective-assistance ineffective-assistance-of-counsel maples-v-thomas martinez-v-ryan procedural-default sixth-amendment state-post-conviction | Where counsel's renunciation of representation leads to a procedural default in state post-conviction proceedings that provide the initial opportunity… |
| 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… |
| 23-7196 | Adam Carson v. United States | Sixth Circuit | 2024-04-10 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights first-impression ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper missouri-v-frye plea-bargaining plea-offer sentencing-reduction sixth-amendment | I. If the court holds a hearing to put a PLEA PROPOSAL on the record, and the Government OFFERS a 3 point deduction for acceptance of responsibility i… |
| 23A907 | Wilfred H. v. Josh Ward, Interim Superintendent, Mount Olive Correctional Complex | West Virginia | 2024-04-10 | Presumed Complete | carbon-copy-indictment constitutional-protections criminal-procedure double-jeopardy due-process sixth-amendment | Question not identified. | |
| 23-7187 | Leslie Galloway, III v. Mississippi | Mississippi | 2024-04-09 | Denied | IFP | constitutional-rights criminal-defense death-penalty ineffective-assistance ineffective-assistance-of-counsel investigation-standard mitigation post-hoc-strategy post-traumatic-stress-disorder procedural-history sixth-amendment | Leslie Galloway III was sentenced to death after his trial counsel conducted a constitutionally inadequate investigation that failed to uncover his ex… |
| 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… |
| 23-1091 | Call-A-Head Portable Toilets, Inc., et al. v. New York State Department of Environmental Conservation, et al. | New York | 2024-04-08 | Denied | Response Waived | administrative-law administrative-proceeding confrontation-clause criminal-procedure due-process evidence sixth-amendment witness-testimony | Do the accused in State administrative proceedings have a Sixth Amendment right to confront and cross-examine witnesses whose written testimony serves… |
| 23-7162 | James Hodge v. Florida | Florida | 2024-04-08 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 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… |
| 23A889 | Walter Taylor, III v. Vermont | Vermont | 2024-04-05 | Presumed Complete | constitutional-rights criminal-defense fourteenth-amendment impartial-jury jury-instruction sixth-amendment | Question not identified. | |
| 23A876 | Brian J. Dorsey v. David Vandergriff, Warden | Missouri | 2024-04-02 | Denied | capital-case conflict-of-interest effective-assistance flat-fee-contract ineffective-counsel sixth-amendment | Whether, where appointed counsel in a capital case had a flat-fee contract and failed to investigate or challenge a capital murder charge to the clien… | |
| 23-7124 | Naftali Dominguez Zenon v. Florida | Florida | 2024-04-02 | Denied | Response WaivedIFP | constitutional-law constitutional-rights criminal-procedure eighth-amendment fourteenth-amendment jury-composition jury-trial life-felony life-without-parole sixth-amendment | I. Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a life felony… |
| 23-7094 | Tyshawn Shepard v. Ohio | Ohio | 2024-03-28 | Denied | IFP | administrative-agency administrative-extension criminal-sentencing due-process incarceration incarceration-findings jury-trial post-conviction sentencing sixth-amendment | Does the Sixth Amendment's guarantee of a right to trial by jury allow prison administrators to use their own post-conviction factual findings as the … |
| 23-7084 | Gregory S. Kudla v. Kenneth Black, Warden | Sixth Circuit | 2024-03-27 | Denied | Response WaivedIFP | appellate-procedure arbitrary-enforcement constitutional-vagueness discriminatory-enforcement due-process effective-assistance-of-counsel fourteenth-amendment sixth-amendment vagueness | Is the undefined/ non-specific/ ambiguous language used in Ohio's App.R.26(B) (2) .(c) that results in arbitrary/ incon sistent/ and discriminatory e… |
| 23-7087 | Natasha Bates, aka Tasha Bates v. Tennessee | Tennessee | 2024-03-27 | Denied | IFP | 4th-amendment 6th-amendment criminal-procedure evidence fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause search-warrant sixth-amendment | 1. Did the trial court commit reversible error by failing to grant Petitioner's post conviction relief because of the introduction of evidence at her … |
| 23-7078 | Jeffery Wayne Taylor v. United States | Eighth Circuit | 2024-03-26 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure criminal-trial cross-examination due-process evidence first-step-act out-of-court-statements sixth-amendment | I. IS IT A VIOLATION OF THE CONFRONTATION CLAUSE WHEN EXERCISING OUT'S RIGHT TO TRIAL, THAT AN OUT-OF-COURT STATEMENT CONNECTING THE DEFENDANT DIRECTL… |
| 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 … |
| 23-1048 | Michael Kellywood v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry | Ninth Circuit | 2024-03-22 | Denied | Response Waived | counseling-records due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel medical-records sixth-amendment trial-counsel | Whether the denial of Mr. Kellywood's writ of habeas corpus regarding ineffective representation of trial counsel when failing to sufficiently researc… |
| 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… |
| 23-7057 | Sammy Tinnin v. Indiana | Indiana | 2024-03-22 | Dismissed | Response WaivedIFP | criminal-procedure due-process evidence fair-trial fourteenth-amendment sixth-amendment | cl /erclcVV SoyporV^ by gd/w,/~/eg/ <?/ 'Jttcv\de,iA^ q(~ /[, *S %i]ci'h n/to-iZ' oi 1 r'l^U- *to Cy £<J>r~ Vr\cA ^"K jL U'2>. (okv5 it Vo L'0 |
| 23-7059 | Alissa Peterson v. Jackson County Department of Health and Human Services, et al. | Michigan | 2024-03-22 | Denied | IFP | civil-rights due-process edwards-v-arizona fair-trial fourteenth-amendment gideon-v-wainwright res-judicata screws-v-united-states sixth-amendment | 1. Where CPS investigators and Judge Diane Rappleye violate the rules announced in Doe v. Doe, 99 Haw 1, 52 P3d 255 (Haw 2002) by filing and granting … |
| 23-7062 | Clark D. Thomas v. McKendley Newton, Warden, et al. | Fourth Circuit | 2024-03-22 | Denied | Response WaivedIFP | actual-innocence certificate-of-appealability discovery-and-counsel-denial double-jeopardy due-process equitable-tolling fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel sixth-amendment | Whether the Fourth Circuit erred in denying a certificate of appealability on Petitioner's claims that: A) The district court violated Petitioner's D… |
| 23-7050 | David Phillip Ryan v. Florida | Florida | 2024-03-21 | Denied | Response WaivedIFP | civil-procedure constitutional-interpretation criminal-procedure due-process fourteenth-amendment jury jury-composition jury-trial sixth-amendment standing | Whether the jury guaranteed by the Sixth and Fourteenth Amendments is a 12-person jury? |
| 23-7051 | Loren J. Larson, Jr. v. Joe Schmidt, Commissioner, Alaska Department of Corrections, et al. | Alaska | 2024-03-21 | Dismissed | Response WaivedIFP | appellate-review due-process fair-trial fourteenth-amendment judicial-bias sixth-amendment state-court-of-appeals structural-error systemic-bias | 1. Does a systemic appearance of bias from a State court of appeals create structural error to a defendant's Sixth Amendment guarantee to a fair trial… |
| 23-1043 | Amir Anariba v. California | California | 2024-03-21 | Denied | Response Waived | arbitrary-rules compulsory-process criminal-defense due-process evidence-rules holmes-v-south-carolina right-to-present-defense sixth-amendment subpoena-duces-tecum united-states-v-nixon | The Constitution guarantees criminal defendants a meaningful opportunity to present a complete defense. This right is abridged by evidence rules that … |
| 23-1036 | Robert John Dodd v. Chadwick Dotson, Director, Virginia Department of Corrections | Fourth Circuit | 2024-03-19 | Denied | constitutional-violation criminal-indictment criminal-procedure double-jeopardy due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel | Dodd was indicted on nine counts for the sexual abuse of a child fifteen years prior. Each count of the indictment was an identical carbon copy, inclu… | |
| 23-1015 | Norman Seabrook v. United States | Second Circuit | 2024-03-15 | Denied | Response Waived | 28-usc-2255 habeas-corpus habeas-law ineffective-assistance judicial-recusal light-most-favorable notice-and-hearing procedural-due-process sixth-amendment sua-sponte sua-sponte-dismissal | 1. Did the District Court's sua sponte denial of Petitioner's habeas petition alleging ineffectiveness of trial counsel filed pursuant to 28 U.S.C.… |
| 23-6980 | Matthew Murphy v. United States | First Circuit | 2024-03-15 | Denied | Response WaivedIFP | bias constitutional-rights fourteenth-amendment guilty-plea prosecutorial-bias recusal sixth-amendment structural-error | 1. Whether This Court Should Grant This Petition Because The Failure To Exclude The United States District Attorney's Office For the District of Massa… |
| 23-6983 | Christopher James Michelotti v. Austin Knudsen, Attorney General of Montana | Ninth Circuit | 2024-03-15 | Denied | Response WaivedIFP | 5th-amendment brady-v-maryland civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process ineffective-assistance jury-trial prejudicial-evidence sixth-amendment | Within the case the district court abused its discretion by admitting evidence that the defendant is affiliated with a gang. Discredit by denying defe… |
| 23-6991 | Spencer P. Peace v. Wisconsin | Wisconsin | 2024-03-15 | Denied | Response WaivedIFP | common-law constitutional-law constitutional-rights criminal-procedure due-process judicial-precedent sixth-amendment speedy-trial | For 800 years the English Common Law prohibited jailing a defendant for more than one year prior to their trial. Fifty years ago, this Court changed c… |
| 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… |
| 23-7000 | Jereme Lee Escobedo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2024-03-15 | Denied | IFP | constitutional-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection fifth-circuit-review ineffective-assistance-of-counsel jury-bias sex-crimes sixth-amendment | QUESTION ONE: Does a criminal defendant charged with sex-crimes have the same Constitutional rights as a defendant charged with non-sex-crimes? QUES… |
| 23-6975 | D'Amantae Graham v. Ohio | Ohio | 2024-03-13 | Denied | IFP | constitutional-rights criminal-defendant criminal-procedure due-process pro-se-representation self-representation sixth-amendment sovereign-citizen trial-court | Can a trial court deny a criminal defendant the right to self-representation solely because he was designated a sovereign citizen? |
| 23-6979 | Kyston Ivory v. United States | Fifth Circuit | 2024-03-13 | Denied | Response WaivedIFP | constitutional-challenge criminal-procedure criminal-sentencing due-process mandatory-revocation sentencing sixth-amendment statutory-interpretation united-states-v-haymond | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 23-6963 | James Deon Bryant, Jr. v. Florida | Florida | 2024-03-12 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process felony felony-charges fourteenth-amendment jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6966 | Alison Lee Gendreau v. United States | Ninth Circuit | 2024-03-12 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-restitution fifth-amendment grand-jury grand-jury-right jury-trial proof-beyond-reasonable-doubt reasonable-doubt restitution sixth-amendment | WHETHER THE FIFTH AMENDMENT GRAND JURY RIGHT AND THE SIXTH AMENDMENT RIGHT TO JURY TRIAL ON PROOF BEYOND A REASONABLE DOUBT APPLY NOT ONLY TO IMPRISON… |
| 23-6968 | Raymond Vincent v. Florida | Florida | 2024-03-12 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process felony felony-charges fourteenth-amendment jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6951 | Jesus Barron-Bautista v. United States | Fifth Circuit | 2024-03-11 | Denied | Response WaivedIFP | Almendarez-Torres criminal-law criminal-procedure due-process fifth-circuit jury-trial precedent-overruling sentencing Sixth-Amendment supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6952 | Frantz Brifil v. Florida | Florida | 2024-03-11 | Denied | Response WaivedIFP | confrontation-clause constitutional-law crawford-v-washington criminal-procedure due-process evidence evidence-law hearsay out-of-court-statements sixth-amendment witness-testimony | WHETHER THE STATE COURT VIOLATED THE MANDATE OF CRAWFORD AND PROGENY BY INTRODUCING A NON TESTIFYING WITNESS'S OUT-OF-COURT STATEMENTS? |
| 23-6956 | David Wilbanks v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2024-03-11 | Denied | IFP | collateral-order-doctrine confrontation-clause constitutional-interpretation criminal-sentencing due-process final-judgment fourteenth-amendment judicial-review jurisdiction sixth-amendment statutory-construction | Wwl £x/er Wt CJ3A CctrViflca^€_ .cf . ciO{)ta\a\jo\\A^ ] uoVxoa TdWr r i cA <d\ud^»£_ l&LKeA do or cdejnM o (jOA \a -VW AoA&me\/d vind^r fed. 12.. H … |
| 23-989 | Robert J. Murphy v. United States District Court for the Eastern District of Pennsylvania | Third Circuit | 2024-03-11 | Denied | civil-rights constitutional-rights disciplinary-proceedings due-process ex-parte-communications first-amendment fourteenth-amendment judicial-code sixth-amendment workers-compensation | 1. Where petitioner sought removal in 2010 of unelected administrative Workers' Compensation judges involving their actual or apparent improprieties i… | |
| 23-6931 | Darrell Tillery v. Tim Hooper, Warden | Louisiana | 2024-03-08 | Denied | Response WaivedIFP | aggravated-rape constitutional-rights criminal-procedure due-process equal-protection fourteenth-amendment jury-trial non-unanimous-jury sexual-battery sixth-amendment | As there are conflicting decisions amongst state courts of last resort concerning a constitutional Issue, In accordance with Rule X(b), this matter is… |
| 23-6937 | Mahmoud Almuhtaseb v. Florida | Florida | 2024-03-08 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6941 | Ricardo Fortino Martinez-Munoz v. United States | Fifth Circuit | 2024-03-08 | Denied | Response WaivedIFP | almendarez-torres-v-united-states apprendi-v-new-jersey constitutional-interpretation due-process jury-trial legal-precedent prior-conviction prior-convictions sixth-amendment statutory-maximum | Can Almendarez-Torres be squared with the history undergirding the Sixth Amendment; and if not, should this Court overrule Almendarez-Torres? |
| 23-6925 | Sadat El-Amin v. Louisiana | Louisiana | 2024-03-07 | Denied | IFP | constitutional-rights criminal-procedure due-process equal-protection forcible-rape fourteenth-amendment jury-trial non-unanimous-jury sixth-amendment | 1. As there are conflicting decisions amongst state courts of last resort concerning a constitutional issue, in accordance with Rule X(b), this matter… |
| 23-978 | Loan Phuong v. Cong Van Nguyen | Virginia | 2024-03-07 | Denied | 6th-amendment bias due-process impartiality judicial-bias legal-procedure prejudice sixth-amendment supreme-court virginia-law virginia-supreme-court | Whether the Virginia Supreme Court's decision caused the Petitioner to suffer damages when it refused to rehear her case against the Respondent in vio… | |
| 23-6890 | Lamar Larue White v. California | California | 2024-03-05 | Denied | IFP | brady-material constitutional-rights dna-evidence due-process ineffective-assistance-of-counsel jury-instructions lesser-included-offense sixth-amendment | in this matter is it legally permissible to 1.) Wherefore . co.nvict the accused on erroneous jury instructions that do not prove guilt beyond a reas… |
| 23-6891 | Joshua Terrel Brown v. Florida | Florida | 2024-03-05 | Denied | Response WaivedIFP | constitutional-law constitutional-rights criminal-trial felony fourteenth-amendment jury-composition jury-size sixth-amendment trial-by-jury williams-v-florida | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a felony? |
| 23-6901 | Joshua Lane Tansil v. Florida | Florida | 2024-03-05 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6886 | Paul Francisco Torres, III v. United States | Ninth Circuit | 2024-03-04 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process jury-trial jury-trials pandemic pandemic-restrictions sixth-amendment speedy-trial | Did prolonged jury-trial bans during the pandemic violate the Sixth Amendment's Speedy Trial Clause, especially as to those accused who were jailed du… |
| 23-6878 | Jose Luis Avalos-Sanchez v. United States | Fifth Circuit | 2024-03-01 | Denied | Response WaivedIFP | Almendarez-Torres court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing Sixth-Amendment supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6838 | Danny Lee Warner, Jr. v. Montana | Montana | 2024-02-29 | Denied | Response WaivedIFP | attorney-client-privilege due-process fourteenth-amendment fourth-amendment presumption-of-prejudice prosecutorial-misconduct sixth-amendment warrantless-search | 1. Are unsworn assertions in a response brief sufficient to overcome clear and convincing direct evidence that prosecutor illegally searched and seize… |
| 23-6843 | Joseph A. Crenshaw v. Florida | Florida | 2024-02-28 | Denied | Response WaivedIFP | due-process expert-witness fair-trial fourteenth-amendment ineffective-assistance post-conviction sixth-amendment trial-procedure | 1. Does a trial court's "tender and accept" procedure of an expert witness in front of a jury violative of a Defendant's Sixth Amendment right to a fa… |
| 23-6845 | Milton Martin Biester-Villeda v. United States | Fifth Circuit | 2024-02-28 | Denied | Response WaivedIFP | case-review criminal-procedure due-process fifth-circuit judicial-precedent legal-procedure sentencing sixth-amendment stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6856 | Stephen Aguiar v. United States | Second Circuit | 2024-02-28 | Denied | Response WaivedIFP | certificate-of-appealability civil-rights conflict-of-interest due-process fraud-on-court government-fraud habeas habeas-corpus ineffective-assistance rule-60b sixth-amendment | 1. IF I WERE DONALD TRUMP WOULD THIS COURT GRANT REVIEW OF THIS CASE TO DECIDE WHETHER THE SECOND CIRCUIT WRONGLY DENIED A COA IN THIS CASE GIVEN THAT… |
| 23A796 | Leslie Galloway, III v. Mississippi | Mississippi | 2024-02-28 | Presumed Complete | capital-punishment constitutional-rights ineffective-assistance mitigation-investigation penalty-phase sixth-amendment | Question not identified. | |
| 23-925 | Michael Shane McCormick, Sr. v. United States | Sixth Circuit | 2024-02-27 | Denied | circuit-split consultation-duty criminal-appeal criminal-conviction defendant-consultation defense-counsel flores-ortega lower-court-confusion reasonable-effort sixth-amendment | Under the Sixth Amendment, counsel's duty to "consult" regarding a criminal appeal has two independent requirements—"advising the defendant about the … | |
| 23A794 | Gail M. Ritchey v. Ohio | Ohio | 2024-02-27 | Presumed Complete | confrontation-clause constitutional-criminal-procedure coroner's-report evidence-admissibility hearsay sixth-amendment | Question not identified. | |
| 23-6839 | Donte Johnson v. Nevada | Nevada | 2024-02-27 | Denied | IFP | constitutional-rights criminal-procedure discretionary-strategy effective-counsel expert-testimony false-confessions ineffective-assistance police-interrogation sixth-amendment strickland strickland-standard | Did the Nevada Supreme Court deprive petitioner of his Sixth Amendment right to effective counsel by analyzing counsel's ineffective performance as me… |
| 23-6823 | Troy Raynard Alexander v. United States | Fourth Circuit | 2024-02-26 | Denied | Response WaivedRelisted (2)IFP | certificate-of-appealability constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea rehaif-standard rehaif-v-united-states sixth-amendment | QUESTON NUMBER ONE; Whether the lower court abused their discretion by denying Mr. Alexander a C.O.A. as it is debatable amongst of jurists of reason … |
| 23-6833 | Jason Matthew Karr v. Colorado | Colorado | 2024-02-26 | Denied | IFP | appointment-of-counsel clearly-established-federal-law colorado-supreme-court constitutional-review due-process-rights evidentiary-hearing federal-law-application ineffective-assistance-counsel ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington | Whether the Colorado Supreme Court held the Petitioner to a standard for pleading deficient performance and prejudice in his claims of Ineffective Ass… |
| 23-6810 | Larry D. Mosley v. Phillip A. White, Warden | Fourth Circuit | 2024-02-23 | Denied | IFP | Abuse-of-Discretion Equal-Protection Fourteenth-Amendment habeas-corpus ineffective-assistance Police-Misconduct Prosecutorial-Misconduct Sixth-Amendment trial-court-discretion | 1. Did the federalcourt's ruling on Mosley's Ineffective equal protectionAssistance of Counsel claim deny Mosley where the court had before itan evid… |
| 23-6803 | Eduardo Garcia Briseno v. United States | Fifth Circuit | 2024-02-22 | Denied | Response WaivedIFP | almendarez-torres constitutional-interpretation criminal-law historical-record notice notice-clause prior-conviction-exception sixth-amendment sixth-amendment-text supreme-court-precedent | Whether, in light of the historical record, Almendarez-Torres v. United States, 523 U.S. 224 (1998), should be overruled? |
| 23-6786 | Carl Ray McNeil, Jr. v. United States | Fourth Circuit | 2024-02-21 | GVR | Relisted (2)IFP | armed-career-criminal-act criminal-law criminal-procedure due-process fifth-amendment indictment sentencing sentencing-enhancement sixth-amendment statutory-interpretation | The Armed Career Criminal Act imposes heightened statutory penalties if a defendant convicted of an offense under 18 U.S.C. § 922(g) has three prior c… |
| 23-6795 | Gregory Taylor v. United States | Sixth Circuit | 2024-02-21 | Denied | Relisted (2)IFP | confrontation-clause criminal-procedure evidence expert-testimony hearsay laboratory-evidence laboratory-tests sixth-amendment | Whether the Confrontation Clause of the Sixth Amendment is satisfied when an expert witness provides opinion testimony that is based on data from labo… |
| 23-6802 | Wally Irizarry-Sisco v. United States | First Circuit | 2024-02-21 | Denied | Response WaivedIFP | child-sex-abuse child-sex-case criminal-procedure double-jeopardy due-process evidence-law excited-utterance hearsay hearsay-exception sixth-amendment | 1. Whether Federal Rule of Evidence 803(2), the hearsay exception for "excited utterances," encompasses out of court statements that (a) go beyond the… |
| 23-898 | Ryan Thornton v. Wisconsin | Wisconsin | 2024-02-21 | Denied | Response Waived | burden-of-proof counsel criminal-procedure defendant due-process habeas-corpus ineffective-assistance-of-counsel legal-harm sixth-amendment | Did the Wisconsin Supreme Court err by Denying-without-response (App.23) RYAN's 2023AP769 [5/12/2023 Petition For Review] and issuing no response (App… |
| 23-6790 | James Hamilton v. United States | Fifth Circuit | 2024-02-20 | Denied | Response WaivedIFP | circuit-split drug-sentencing ineffective-assistance mens-rea sixth-amendment statutory-interpretation | Counsel ineffective in violation of the Sixth Amendment for failing to recognize and address the methamphetamine disparity violation committed by the … |
| 23-6775 | Jesse Dean Redfearn v. William "Chris" Rankins, Warden | Tenth Circuit | 2024-02-16 | Denied | IFP | constitutional-law due-process fifth-amendment fourteenth-amendment habeas-corpus sixth-amendment | 1. "Did the United States District Court and Court of Appeals properly apply clearly established constitutional law, [Hemphill v. New York, 142 S.Ct. … |
| 23-6763 | Armani L. Moore v. Illinois | Illinois | 2024-02-15 | Denied | Response WaivedIFP | confrontation-clause crawford-v-washington criminal-procedure evidence evidence-law memory-loss sixth-amendment testimonial-hearsay unavailable-witness witness-unavailability | Whether a declarant is "unavailable to testify" for purposes of the Sixth Amendment, and as that phrase is used in Crawford v. Washington, 541 U.S. 36… |
| 23-6743 | Loren J. Larson, Jr. v. Alaska | Alaska | 2024-02-14 | Denied | Response WaivedIFP | constitutional-claims effective-assistance effective-representation exhaustion-requirement exhaustion-requirements habeas-corpus procedural-default sixth-amendment | Does the Sixth Amendment right to "effective representation" require that an attorney provide meaningful, conflict free consultation prior to the atto… |
| 23-6738 | Ellis Louis Mashburn, Jr. v. John Q. Hamm, Commissioner, Alabama Department of Corrections | Eleventh Circuit | 2024-02-13 | Denied | IFP | capital-murder capital-trial death-penalty habeas-corpus ineffective-assistance-of-counsel mental-illness mitigation-evidence prejudice sixth-amendment strickland-standard strickland-v-washington | Whether, under Strickland v. Washington , a death row inmate is precluded from establishing prejudice from his trial counsel's deficient performance d… |
| 23-6723 | Brandon Keith Owensby v. Florida | Florida | 2024-02-12 | Denied | IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6716 | Tommy Lee Walker v. United States | Ninth Circuit | 2024-02-09 | Denied | Response WaivedIFP | 2nd-amendment criminal-procedure due-process firearm-interstate-commerce interstate-commerce jury-instruction jury-instructions sixth-amendment speedy-trial-act standing | 1. Where the firearm at issue was manufactured in California and found in a home in Califo rnia, did the district court err by refusing to give a requ… |
| 23-6701 | Luis Raul Vicente Fonseca v. United States | Eleventh Circuit | 2024-02-08 | Denied | Response WaivedIFP | civil-procedure constitutional-provisions constitutional-rights criminal-procedure due-process sixth-amendment speedy-trial standing statement-of-the-case statutory-provisions trial-rights | Deprivation of Constitutional Amendment six's right to a speedy trial. |
| 23-6706 | 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… |
| 23A737 | Byron Ray Barker v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2024-02-08 | Presumed Complete | aedpa alternative-perpetrator child-sexual-abuse habeas-corpus ineffective-assistance sixth-amendment | Question not identified. | |
| 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… |
| 23-6659 | Edward Logan v. Illinois | Illinois | 2024-02-02 | Denied | Response WaivedIFP | confrontation-clause constitutional-rights criminal-procedure due-process equal-protection pre-trial-detention sixth-amendment speedy-trial statutory-interpretation | Wow con a Gioke enack and use an Ack, that by 45 oon Vagu ness, Com tae Werpretated te deny . Any. Criminal defendant the vight te.a spealy triol unde… |
| 23-831 | Constance Eileen Caswell v. Colorado | Colorado | 2024-02-02 | Denied | Amici (1)Relisted (2) | almendarez-torres apprendi-rule criminal-procedure due-process felony-enhancement jury-determination jury-trial misdemeanor-elevation prior-conviction sentencing sixth-amendment | 1. Whether a prior misdemeanor conviction that elevates a subsequent offense from a misdemeanor to a felony is an element of the subsequent offense th… |
| 23-6645 | Arthur Johnson v. United States | Fifth Circuit | 2024-02-01 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 23-6648 | Anthony Christopher Mendonca v. United States | Second Circuit | 2024-02-01 | Denied | IFP | constitutional-rights criminal-procedure due-process fair-trial first-amendment jury-selection plain-error-review public-trial public-trial-right sixth-amendment structural-error | The Constitution requires "public" criminal trials. U.S. Const. amend. VI. The First Amendment and Sixth Amendment guarantee the community and the def… |
| 23-6637 | Aruan Aleman Hernandez v. Palm Beach County State Attorney | Eleventh Circuit | 2024-01-31 | Denied | IFP | 6th-amendment civil-rights constitutional-rights counsel-rights due-process equal-protection federal-jurisdiction sixth-amendment standing statutory-interpretation | 3. If the 6th Amendment of the United States Constitution protects the defendants with the right to assistance of counsel, it is fair to not include i… |
| 23-6638 | Trent Drexel Howard v. United States | Ninth Circuit | 2024-01-31 | Denied | Response WaivedIFP | due-process extradition government-delay governmental-delay incarceration sixth-amendment sixth-amendment-protections speedy-trial speedy-trial-clause | Did the Ninth Circuit err by failing to treat "undue and oppressive incarceration" and "anxiety and concern accompanying public accusation" as the maj… |
| 23-6618 | Mabior M. Mabior v. Nebraska | Nebraska | 2024-01-30 | Denied | Response WaivedIFP | appellate-review confrontation-clause cross-examination hearsay hearsay-exception ineffective-assistance sixth-amendment testimonial-statement testimonial-statements | 1) Is a defendant's right to confrontation under the Sixth Amendment violated when testimonial statements are admitted for the truth of the matters as… |
| 23-6622 | Miguel Jaimes-Luviano v. Florida | Florida | 2024-01-30 | Denied | IFP | constitutional-law constitutional-rights criminal-procedure criminal-trial felony fourteenth-amendment jury-composition jury-size jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a felony? |
| 23-820 | Ohio v. William Johnson | Ohio | 2024-01-30 | Denied | Amici (2)Response RequestedRelisted (2) | 911-recording confrontation-clause domestic-violence excited-utterance hearsay non-testimonial ongoing-emergency sixth-amendment | When viewed objectively, were the statements describing the fresh incident of domestic violence in the 911 recording non-testimonial? |
| 23-6605 | In Re Darius Lake | 2024-01-29 | Denied | IFP | administrative-law civil-rights constitutional-law due-process equal-protection judicial-review jury-selection legal-procedure precedent racial-discrimination sixth-amendment statutory-interpretation | Question not identified. | |
| 23-6594 | Noemy Ramirez-Gomez v. United States | Fifth Circuit | 2024-01-26 | Denied | Response WaivedIFP | Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing Sixth-Amendment supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6597 | Abraham Fagot Mejia v. Florida | Florida | 2024-01-26 | Denied | IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6545 | Stephen Christopher Plunkett v. United States | Fifth Circuit | 2024-01-24 | Denied | Response WaivedIFP | certificate-of-appealability circuit-split civil-rights due-process habeas-corpus ineffective-assistance judicial-recusal sentencing-guidelines sixth-amendment standing | A. Did the United States Court of Appeals for the Fifth Circuit completely flout this Court's precedent as set forth in Buck v. Davis . 580 U.S. 100 … |
| 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… |
| 23-6557 | Frank R. Stevenson v. Lynn Lilley, Superintendent, Eastern Correctional Facility | Second Circuit | 2024-01-24 | Denied | Response WaivedIFP | automatic-reversal constitutional-rights criminal-defense criminal-procedure due-process federal-law ineffective-assistance-of-counsel sixth-amendment structural-error unwanted-defense | Whether the unconstitutionality of imposing an unwanted defense on the accused, over objection, has long been federally established and is a structura… |
| 23-6558 | Freddie Quinn v. Florida | Florida | 2024-01-24 | Denied | IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6559 | Marcus Johnson v. Randy Irwin, Superintendent, State Correctional Institution at Forest, et al. | Third Circuit | 2024-01-24 | Denied | Response WaivedRelisted (2)IFP | appellate-deference confrontation-clause due-process expert-testimony expert-witness judicial-review prejudice prejudice-standard self-defense sixth-amendment testimonial-statements | 1. Did the Third Circuit err in deferring to the District Court's finding that Mr. Johnson suffered no prejudice from the Confrontation violation that… |
| 23-793 | Isidro Javier Armenta v. California | California | 2024-01-24 | Denied | 14th-amendment 5th-amendment 6th-amendment automated-enforcement automated-traffic-enforcement confrontation-clause due-process equal-protection fourth-amendment sixth-amendment | 1. Whether the Sixth Amendment Confrontation Clause holding in Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009) extends to automated traffic enforc… | |
| 23-6524 | Lynn Richard Norton v. United States | Sixth Circuit | 2024-01-23 | Denied | Response WaivedIFP | armed-career-criminal crack-cocaine criminal-procedure drug-quantity due-process habeas-corpus ineffective-assistance obstruction-of-justice sentencing-enhancement sixth-amendment strickland-v-washington | (1) Whether Defense Counsel Jessica McAfee Performance Was Ineffective Assistance Under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.E… |
| 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… |
| 23-6536 | Kidada Savage v. United States | Third Circuit | 2024-01-23 | Denied | Response WaivedIFP | attorney-conflict-of-interest conflict-of-interest constitutional-rights due-process effective-assistance-of-counsel prejudice sixth-amendment trial-court-inquiry | WHETHER THE THIRD CIRCUIT ERRONEOUSLY EXTENDED THIS COURT'S DECISION IN CUYLER V. SULLIVAN, 446 U.S. 335 (1980) BY HOLDING THAT EVEN WHERE A TRIAL COU… |
| 23-6527 | Jermaine Anderson, Jr. v. Florida | Florida | 2024-01-22 | Denied | IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23A672 | Samuel Fields v. Scott Jordan, Warden | Sixth Circuit | 2024-01-22 | Presumed Complete | confrontation-clause constitutional-violation extrinsic-evidence habeas-relief jury-deliberation sixth-amendment | Question not identified. | |
| 23A665 | Tyshawn Shepard v. Ohio | Ohio | 2024-01-22 | Presumed Complete | constitutional-challenge criminal-sentencing factual-findings indeterminate-sentencing jury-trial sixth-amendment | Question not identified. | |
| 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. | |
| 23-6491 | 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 … |
| 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 … |
| 23-6498 | Kevin Clayton v. United States | Eleventh Circuit | 2024-01-17 | Denied | Response WaivedIFP | conspiracy due-process fifth-amendment jury-instructions jury-trial murder racketeering racketeering-conspiracy sentencing sentencing-enhancement sixth-amendment | Whether the Due Process Clause of the Fifth Amendment, and the Jury Trial guarantees contained in the Sixth Amendment were violated when the District … |
| 23-6472 | Keith L. Allen v. Nebraska | Nebraska | 2024-01-12 | Denied | IFP | constitutional-bar credible-threats impartial-jury juror-misconduct juror-threats no-impeachment-rule sixth-amendment sixth-amendment-violation verdict-influence | Whether a no-impeachment rule constitutionally bars evidence of credible threats of violence against the jurors influencing their verdict offered to p… |
| 23-6474 | Courtney Rose Desjarlais v. United States | Eighth Circuit | 2024-01-12 | Denied | Response WaivedIFP | confrontation-clause cross-examination due-process hearsay hearsay-evidence sentencing-enhancement sixth-amendment | I. Under the Sixth Amendment of the United States Constitution, a defendant in a criminal case has the right to confront adverse witnesses against her… |
| 23-6479 | Sterling H. Roberts v. United States | Sixth Circuit | 2024-01-12 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure declarant-unavailability forfeiture-by-wrongdoing mixed-motives primary-purpose sixth-amendment unavailability | In Giles v. California, 554 U.S. 353, 128 S. Ct. 2678, 171 L. Ed. 2d 488 (2008), this Court recognized the common law exception to the Confrontation C… |
| 23-6460 | Richard C. Duerson v. United States | Sixth Circuit | 2024-01-11 | Denied | Response WaivedIFP | conspiracy criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel manifest-injustice newly-discovered-evidence pro-se rule-33 sixth-amendment supervisory-power | 1. Given that Rule 33 of the Federal Criminal Rules of Procedure allows a court discretion to grant a new trial if the interest of justice require, … |
| 23-6463 | Charles D. Adams v. Merit Systems Protection Board | Federal Circuit | 2024-01-11 | Dismissed | Response WaivedIFP | civil-rights clearance-system constitutional-rights discrimination due-process eeo-records employer-discrimination retaliation sixth-amendment standing | Whether CAFC made an error in their decision to dismiss CAFC 2023-1680 (DC-3443-20-0832-1-1) which was about MDA COC's and MDA's Aiding And Abetting E… |
| 23-6464 | Michael Edward Aguilar v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. | Ninth Circuit | 2024-01-11 | Denied | Response WaivedIFP | appellate-review certificate-of-appealability constitutional-interpretation criminal-appeal criminal-code due-process effective-assistance-of-counsel sixth-amendment state-law statutory-ambiguity timeliness | Question not identified. |
| 23-6447 | Samuel Sherman v. United States | Eighth Circuit | 2024-01-10 | Denied | Response WaivedIFP | confrontation-clause confrontation-right criminal-joinder criminal-procedure prejudice prejudicial-error rule-14 rule-14-procedure sixth-amendment zafiro-precedent zafiro-v-united-states | Whether the lower courts misapplie d this Court's holding in Zafiro v. Unit ed States, 506 U.S. 534, 113 S.Ct. 933 (1993), and the require ments of Ru… |
| 23A635 | Jereme Lee Escobedo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2024-01-09 | Presumed Complete | impartial-jury ineffective-assistance juror-bias sixth-amendment trial-counsel voir-dire | Question not identified. | |
| 23-6433 | Rico Lorodge Brown v. United States | Fourth Circuit | 2024-01-08 | GVR | Relisted (2)IFP | armed-career-criminal-act constitutional-amendment criminal-law criminal-procedure due-process fifth-amendment indictment jury-finding sentencing sixth-amendment statutory-interpretation statutory-penalty | The Armed Career Criminal Act imposes heightened statutory penalties if a defendant convicted of an offense under 18 U.S.C. § 922(g) has three prior c… |
| 23-6408 | Jade LaRoche v. United States | Eighth Circuit | 2024-01-03 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment sentencing sixth-amendment | Whether the use of acquitted conduct to determine a defendant's sentence violates the Fifth and Sixth Amendments. |
| 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. | |
| 23-6392 | Phillip Watkins v. United States | Sixth Circuit | 2023-12-28 | Denied | Response WaivedIFP | abuse-of-discretion criminal-procedure due-process evidentiary-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-enhancement sixth-amendment | QUESTON NUMBER ONE; Whether the Sixth Circuit abused its discretion by affirming the district court's failure to conduct an Evidentiary Hearing regar… |
| 23-6359 | Davin Chaz Nevins v. United States | Fifth Circuit | 2023-12-27 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process sentencing sixth-amendment supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 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… |
| 23-6370 | Charles D. Adams v. Merit Systems Protection Board | Federal Circuit | 2023-12-27 | Dismissed | Response WaivedIFP | clearance-system constitutional-rights disparate-treatment dod-clearance-system due-process eeo-records employer-discrimination equal-justice retaliation sixth-amendment | Whether CAFC made an error in their decision to dismiss CAFC 2023-1662 (DC-3443-21-0137-1-1) which was about Removing the last discriminatory '2' appr… |
| 23-6371 | Charles D. Adams v. Merit Systems Protection Board | Federal Circuit | 2023-12-27 | Dismissed | Response WaivedIFP | abuse-of-power civil-rights clearance-system constitutional-rights discrimination due-process employer-discrimination employment-discrimination evidence-suppression obstruction-of-justice sixth-amendment | Whether CAFC made an error in their decision to dismiss CAFC 2023-1695 (DC-0752-20-0303-1-1) which was about Mr. Waschull's, Mr. Clover's, Gen O'Reill… |
| 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. | |
| 23-6344 | Michael Broomer v. Delaware | Delaware | 2023-12-26 | Denied | IFP | civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct racial-discrimination sixth-amendment trial-counsel | Under U.S. Constitution Amendment(s) 4 and/or 5, and/or 14, does defendant have a right to due process? Was my right(s) violated? Under US Constituti… |
| 23-6345 | Jeffrey M. Spring, Sr. v. David W. Gray, Warden | Sixth Circuit | 2023-12-26 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment constitutional-rights due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence procedural-due-process sixth-amendment substantive-due-process | 1: Is it a violation of substantive and procedural due process for the Ohio Courts to deny the defendant in this matter an evidentiary hearing and all… |
| 23-6346 | Walter Freeman Jordan, III v. United States | Fifth Circuit | 2023-12-26 | Denied | Response WaivedIFP | case-law criminal-procedure due-process federal-appeal habeas-corpus ineffective-assistance-of-counsel judicial-review legal-petition sentencing sixth-amendment supreme-court writ-of-certiorari | Question not identified. |
| 23-6350 | Brady Franklin v. Illinois | Illinois | 2023-12-26 | Denied | Response WaivedIFP | confrontation-clause craig-precedent crawford-precedent crawford-v-washington intellectual-disability maryland-v-craig public-policy sixth-amendment witness-testimony | After Crawford, is the balancing test created by Craig still good law, and if so, does extending its exemption for children from physical, face-to-fac… |
| 23A577 | Tyler Gonzales, fka Tyler A. Montour v. Cheryl Eplett, Warden | Seventh Circuit | 2023-12-22 | Presumed Complete | attorney-performance constitutional-performance ineffective-assistance professional-norms sixth-amendment strickland-standard | Question not identified. | |
| 23-6316 | Daniel Vincent v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. | Third Circuit | 2023-12-21 | Denied | IFP | alternative-suspects conflict-with-circuits due-process eyewitness-testimony identification-evidence ineffective-assistance jury-instructions mistaken-identification sixth-amendment trial-strategy | I. Is a defendant denied due process of law if he properly presents a claim to both the State and Federal Courts and neither Court addresses the claim… |
| 23-6308 | Ariel Garcia-Pelico v. Nebraska | Nebraska | 2023-12-20 | Denied | IFP | constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel investigative-procedures judicial-discretion motion-to-reopen procedural-fairness sixth-amendment strickland-v-washington | 1. x tOeutb L\Wc Tb (Rented. or. nIot ^\al Onset's Actu^s f&L 'Betbuo Thl DA v. 0& n!i<- ? 2. X wool5 U\ce 1o f4/^ kftterH6t o/i Mot CouzJSaA Actions… |
| 23-6304 | Onterrious V. Tillman v. Florida | Florida | 2023-12-19 | Denied | Relisted (5)IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23A564 | Donte Johnson v. Nevada | Nevada | 2023-12-19 | Presumed Complete | capital-punishment constitutional-error ineffective-assistance jury-instructions procedural-safeguards sixth-amendment | Question not identified. | |
| 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… | |
| 23-6281 | Laquince T. Hogan v. Dexter Payne, Director, Arkansas Division of Correction | Arkansas | 2023-12-18 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus oral-amendment sixth-amendment uncharged-offense | 1. Whether the Arkansas Supreme Court denied Mr. Hogan due process of law under the Fifth, Sixth and Fourteenth Amendments, in acknowledging that Mr. … |
| 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… |
| 23-6289 | Wisben Sanon v. Florida | Florida | 2023-12-18 | Denied | Relisted (5)IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 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). … |
| 23-6277 | Fidel Gutierrez-Garcia v. United States | Fifth Circuit | 2023-12-15 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment court-interpreter-act due-process fundamental-fairness indigenous-rights language-comprehension sixth-amendment | The Court Interpreter's Act, as well as the Fifth and Sixth Amendments, require a district court to appoint a qualified inter-preter for a defendant, … |
| 23-6279 | Ismael Robles-Perez v. United States | Fifth Circuit | 2023-12-15 | Denied | Response WaivedIFP | Almendarez-Torres almendarez-torres-precedent constitutional-provisions criminal-procedure due-process fifth-circuit judicial-review jury-trial sentencing Sixth-Amendment supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6257 | Randall Scott Jordan v. Texas | Texas | 2023-12-14 | Denied | IFP | brady brady-violation criminal-history due-process impeachment ineffective-assistance sixth-amendment suppression-of-evidence witness-credibility witness-impeachment | No. 1 Randall Scott Jordan/petitioner/ contends that external impediments,(State's w witness,(Galvan) extensive violent criminal history and gang aff… |
| 23-6260 | Charles E. Linder, Jr. v. Kenneth Black, Warden | Sixth Circuit | 2023-12-14 | Denied | Response WaivedIFP | constitutional-law criminal-procedure detective-testimony evidence evidentiary-objection firearm ineffective-assistance sixth-amendment testimony witness-credibility | 1. Trial counsel was ineffective in violation of his Sixth Amendment right under the US Constitution due to his failure to: (1) object to Detective Re… |
| 23A547 | Eric Lavell Minter v. United States | Sixth Circuit | 2023-12-14 | Presumed Complete | abuse-of-discretion criminal-procedure fact-finding jury-trial sentencing-enhancement sixth-amendment | Where a district court applies a federal sentencing enhancement based on findings of fact at sentencing—and neglects to explain how it selected among … | |
| 23-6250 | Matthew C. Spaeth v. United States | Tenth Circuit | 2023-12-13 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | attorney-client-confidentiality collateral-attack plea-bargaining prosecutorial-misconduct sentencing sixth-amendment tollett-precedent | I. Does Tollett v. Henderson, 411 U.S. 258 (1973), preclude the government and a defendant from conditioning a guilty plea on the defendant's right to… |
| 23-6251 | Jonathan Rodriguez v. United States | Fifth Circuit | 2023-12-13 | Denied | Response WaivedIFP | acquitted-conduct confrontation-clause due-process fifth-amendment preponderance-of-evidence sentencing sentencing-standard sixth-amendment suppression-motion | I. Whether the use of a preponderance of the evidence standard at sentencing violated Rodriguez's Fifth Amendment and Sixth Amendment rights? II. Whe… |
| 23-6230 | Danille Morris v. United States | Tenth Circuit | 2023-12-12 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | attorney-client-confidentiality attorney-client-privilege guilty-plea habeas-corpus habeas-relief plea-bargaining prosecutorial-misconduct sixth-amendment tollett-interpretation tollett-v-henderson | When a defendant pleads guilty, does Tollett v. Henderson, 411 U.S. 258 (1973), preclude the defendant from collaterally attacking the sentence becaus… |
| 23-6238 | William Jarvis v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2023-12-12 | Denied | IFP | confrontation confrontation-clause due-process effective-counsel equal-protection fifth-amendment self-incrimination sixth-amendment third-party-guilt | 1. Whether the Fifth Amendment right to be free from the compulsion to make self incriminating statements includes the right to not be required to pro… |
| 23-6217 | Ubaldo De La Cruz Leyva v. United States | Fifth Circuit | 2023-12-11 | Denied | Response WaivedIFP | almendarez-torres apprendi apprendi-v-new-jersey historical-practices notice-clause prior-conviction prior-conviction-exception recidivism-enhancement sixth-amendment | Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 23-6227 | Jose Antonio Cortez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2023-12-11 | Denied | IFP | certificate-of-appealability civil-rights due-process federal-rules-of-civil-procedure fourteenth-amendment habeas-corpus reasonable-time rule-60b6 sixth-amendment unanimous-jury-verdict | Whether the court of appeals side-stepped the requirements of a Certificate of Appealability under Title 28 U.S.C., Section 2253(c)(2) when the court … |
| 23A526 | Jacob Smith v. Nethanjah Breitenbach, Warden, et al. | Ninth Circuit | 2023-12-11 | Presumed Complete | constitutional-right criminal-procedure faretta-right preliminary-hearing self-representation sixth-amendment | Question not identified. | |
| 23A522 | Gary Wayne Warner v. Texas | Texas | 2023-12-08 | Presumed Complete | constitutional-rights fourteenth-amendment habeas-corpus ineffective-assistance pro-se-litigant sixth-amendment | Question not identified. | |
| 23-6204 | Angel Anthony Sanchez v. California | California | 2023-12-08 | Denied | IFP | constitutional-rights due-process effective-assistance-of-counsel evidence-code fair-trial fifth-amendment fourteenth-amendment prior-acts-instructions sixth-amendment trial-procedure | Whether petitioner was denied his Fifth, Sixth, and Fourteenth Amendment right to due process and fair trial because of the court's use of prior acts … |
| 23-610 | Frander Salguero v. California | California | 2023-12-06 | Denied | Response WaivedRelisted (2) | brady-violation constitutional-rights due-process evidence-suppression fourteenth-amendment judicial-procedures material-evidence prosecutorial-misconduct sixth-amendment | 1. Whether the effect on due process remains unchanged as to Brady's holding, "suppression by the prosecution of evidence favorable to an accused upon… |
| 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… |
| 23-6154 | Jennifer Lynn Dees v. Colorado | Colorado | 2023-12-04 | Denied | IFP | criminal-procedure due-process fair-trial fourteenth-amendment judicial-misconduct jury-tampering sixth-amendment trial-integrity | Whether a trial's verdict validity get impacted if a judge engages in jury tampering as defined under C.R.S. § 18-6-609 violating defendants Sixth and… |
| 23-6160 | Kennath Artez Henderson v. Zac Pounds, Warden | Sixth Circuit | 2023-12-04 | Denied | Relisted (2)IFP | constitutional-review federal-habeas-corpus grand-jury-discrimination hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment strickland-v-washington supremacy-clause | 1. Is Consistent with the Supremacy Clause, may a state refuse to follow this Court's holdings and permit indictment for a capital crime by a grand ju… |
| 23-6143 | Howard Nelson Bartee, III v. Florida | Florida | 2023-12-01 | Denied | Relisted (6)IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-582 | Rollo A. Barker, aka Rollo Narker v. New Jersey | New Jersey | 2023-11-30 | Denied | Response RequestedResponse WaivedRelisted (2) | 6th-amendment chain-of-custody confrontation-clause criminal-evidence evidence forensic-analysis lab-analysis lab-testimony melendez-diaz melendez-diaz-precedent sixth-amendment | Does testimony from a lab analyst who did not perform the actual testing on Defendant's seized (alleged) contraband that was analyzed by a State Polic… |
| 23-6139 | Milton Dwayne Gobert v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2023-11-30 | Denied | IFP | client-instructions habeas-corpus ineffective-assistance ineffective-assistance-of-counsel per-se-rule sixth-amendment strickland-standard strickland-v-washington substitution-of-counsel trial-counsel trial-strategy | 1. Does this Court's clearly established precedent under Strickland v. Washington, 466 U.S. 668 (1984), and its progeny permit lower courts to hold th… |
| 23-554 | Michael O'Bannon v. United States | Seventh Circuit | 2023-11-27 | Denied | Response Waived | acquitted-conduct constitutional-law constitutional-rights criminal-procedure due-process sentencing sixth-amendment | Whether the Constitution permits a criminal defendant to be sentenced based on conduct for which he or she was acquitted. |
| 23-564 | Timothy Bing, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2023-11-27 | Denied | Response Waived | due-process effective-assistance-of-counsel plea-bargaining plea-offer pretrial-investigation pretrial-motions sixth-amendment state-attorney | Whether a policy by the State Attorney's Office which punished the petitioner for engaging in a pretrial investigation of his case as well as filing p… |
| 23-6108 | Bryan Scott Cavett v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2023-11-27 | Denied | IFP | compulsory-process constitutional-rights due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment subject-matter-jurisdiction trial-procedure | Whether or not State violates an accused persons Due Process Rights when Texas High Court denies his State 11.07 Habeas Corpus, Without Written Order,… |
| 23-6072 | James Richards v. United States | Eighth Circuit | 2023-11-21 | Denied | Response WaivedIFP | confrontation-clause constitutional-rights crawford-v-washington crawford-violation criminal-procedure evidence ineffective-assistance ineffective-assistance-of-counsel sixth-amendment testimonial-evidence | this Court review the Betitioner's Trial Court Transcript Record on April 21, 2021, and all appeals. Counsel Arkie Byrd was so ineffective for failing… |
| 23-6060 | John Lacey Mulkey v. Georgia | Georgia | 2023-11-20 | Denied | Response WaivedIFP | confrontation confrontation-clause criminal-procedure due-process evidence extrinsic-evidence right-to-present-defense rule-403 sixth-amendment speedy-trial | Did the Court of Appeals violate the due process right to present a defense, in holding admissible, under O.C.G.A. § 24-4-403, (Rule 403) extrinsic ev… |
| 23-6064 | Anthony Kimbrough v. Oklahoma | Oklahoma | 2023-11-20 | Denied | Relisted (2)IFP | actual-bias dna-testing due-process fourteenth-amendment material-false-testimony oklahoma-criminal-procedure post-conviction-dna-testing post-conviction-relief retroactive-application sixth-amendment | 1. Whether Escobar vs. Texas, 143 S.ct 557 (January 9th 2023] The use of "material false testimony" to jurors by its States forensic fingerprint exper… |
| 23-6038 | Lakeith Lynn Washington v. United States | Fifth Circuit | 2023-11-17 | GVR | Relisted (2)IFP | alleyne-v-united-states apprendi-v-new-jersey armed-career-criminal-act constitutional-rights criminal-procedure fifth-amendment jury-beyond-reasonable-doubt minimum-and-maximum-sentences prior-convictions sentencing-enhancement sixth-amendment | I. Do the Fifth and Sixth Amendments of the U.S. Constitution require that facts to prove a defendant's prior convictions were for offenses committed … |
| 23-6049 | Jimmie Jerome Manning, Jr. v. Florida | Florida | 2023-11-17 | Denied | Relisted (8)IFP | constitutional-rights criminal-procedure criminal-trial felony fourteenth-amendment jury-composition jury-size jury-trial sixth-amendment williams-v-florida | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23A447 | Constance Eileen Caswell v. Colorado | Colorado | 2023-11-17 | Presumed Complete | apprendi-rule elements-of-offense jury-trial prior-conviction sentencing-factors sixth-amendment | This application does not contain a traditional "Question(s) Presented" section. The document is an Application for an Extension of Time to File a Pet… | |
| 23-529 | Matthew Hayko v. Indiana | Indiana | 2023-11-17 | Denied | Response Waived | appellate-review credibility criminal-procedure evidence-weighing harmless-error sixth-amendment trial-by-jury witness-credibility | Whether an appellate court can violate a defendant's right to trial by jury under the Sixth Amendment by weighing evidence and judging the credibility… |
| 23A441 | Trent Drexel Howard v. United States | Ninth Circuit | 2023-11-16 | Presumed Complete | constitutional-rights detention government-delay pro-se-petition sixth-amendment speedy-trial-act | Question not identified. | |
| 23A436 | Guillermo Octavio Arbelaez v. Florida, et al. | Florida | 2023-11-15 | Presumed Complete | capital-punishment death-penalty eighth-amendment fourteenth-amendment postconviction-relief sixth-amendment | Question not identified. | |
| 23-6013 | Calvin Cogdill v. United States | Sixth Circuit | 2023-11-15 | GVR | Relisted (2)IFP | armed-career-criminal-act constitutional-procedure criminal-sentencing fifth-amendment indictment jury reasonable-doubt sixth-amendment statutory-interpretation | May a district court judge properly find, by a preponderance of the evidence, the uncharged, non-elemental fact that a person committed three prior of… |
| 23-6016 | Malik Green v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2023-11-15 | Denied | IFP | 28-usc-2253(c) certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interference-with-right-to-testify postconviction-relief prior-criminal-history 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… |
| 23-6017 | Roberto Alaniz-Pimentel v. United States | Fifth Circuit | 2023-11-15 | Denied | Response WaivedIFP | almendarez-torres apprendi apprendi-v-new-jersey historical-practices notice-clause prior-conviction prior-conviction-exception recidivism-enhancement sixth-amendment | Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 23-502 | Noble U. Ezukanma v. United States | Fifth Circuit | 2023-11-14 | Denied | Response Waived | counsel-advice criminal-procedure defendant-testimony due-process ineffective-assistance ineffective-assistance-of-counsel prejudice right-to-testify sixth-amendment strickland strickland-standard | How do the standards for judging ineffective assistance of counsel apply to the question of what advice defense counsel gives to a defendant concernin… |
| 23-508 | Micah Sherif Matthews v. Chris Tripp, Warden | Eighth Circuit | 2023-11-14 | Denied | appellate-procedure certificate-of-appealability district-court due-process eighth-circuit ineffective-assistance ineffective-assistance-of-counsel judicial-review sixth-amendment | Whether the United States District Court For the District of Iowa erred in denying Petitioner Matthews a Certificate of Appealability when it found th… | |
| 23-5980 | Edgar Arellano v. California | California | 2023-11-09 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights criminal-procedure due-process equal-protection fourteenth-amendment jury-trial senate-bill-567 sentencing sentencing-disposition sixth-amendment | The Court Should Grant A Review To Settle The Weather The California Courts Were Correct. Question: In Stating That The Petitioner's Case Was Finally… |
| 23-5976 | Brian Heath Davis v. Randy Gibbs, Warden, et al. | Eighth Circuit | 2023-11-08 | Denied | Response WaivedIFP | autopsy autopsy-report confrontation-clause criminal-procedure effective-assistance expert-testimony reasonable-doubt sixth-amendment | Akin to Justice Sotomayor's Bullcoming v. New Mexico, 564 U.S. 647, 672-74 (2011) scenario; To what extent are Sixth Amendment guarantees of Confronta… |
| 23-5979 | Daniel Vargas-Hernandez v. United States | Fifth Circuit | 2023-11-08 | Denied | Response WaivedIFP | apprendi-rule apprendi-v-new-jersey constitutional-interpretation criminal-procedure criminal-sentencing due-process jury-trial prior-conviction prior-convictions sixth-amendment | The Sixth Amendment protects the right "to be informed of the nature and cause of the accusation." U.S. Const. amend. VI. In Apprendi v. New Jersey, t… |
| 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. | |
| 23-5965 | Cody Enrriquez v. Florida | Florida | 2023-11-07 | Denied | Relisted (9)IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5968 | Richard Langston v. Connecticut | Connecticut | 2023-11-07 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2)IFP | constitutional-rights criminal-procedure criminal-sentencing double-jeopardy fourteenth-amendment jury-acquittal jury-trial sentencing sixth-amendment | Whether the Sixth and Fourteenth Amendments to the Constitution of the United States prohibit a state court from basing a criminal defendant's sentenc… |
| 23-5969 | Semaan Makdissi v. Florida | Florida | 2023-11-07 | Denied | Response WaivedRelisted (2)IFP | compulsory-process confrontation-clause criminal-procedure due-process evidence false-accusation fourteenth-amendment motive sixth-amendment | Whether the Petitioner's Sixth and Fourteenth Amendment rights were violated when the trial court prohibited the defense from placing before the jury … |
| 23-5971 | Kevondric Fezia v. United States | Fifth Circuit | 2023-11-07 | Denied | Response WaivedIFP | closing-arguments confrontation-clause criminal-procedure due-process hearsay jury non-testifying-witness prosecutorial-argument sixth-amendment witness-testimony | Does the Confrontation Clause apply to statements made by a prosecutor during closing arguments that detail for the jury what a non-testifying witness… |
| 23-5956 | Eriq R. McCorkle v. Norm Robinson, Warden | Sixth Circuit | 2023-11-06 | Denied | Response WaivedIFP | 14th-amendment 5th-amendment 6th-amendment barker-standard barker-v-wingo constitutional-rights material-witness pre-trial-delay prejudice sixth-amendment speedy-trial | 1. When the death of a material witness occurs during Pre-Trial delay, does a showing of whether and/or what the witness there need to be would have t… |
| 23-5938 | Loren J. Larson, Jr. v. Alaska | Alaska | 2023-11-02 | Denied | Response WaivedIFP | criminal-procedure criminal-trial due-process fair-trial fifth-amendment juror-testimony sixth-amendment structural-error | In Alvarez-Perdomo v. State , 454 P.3d 998, 999 (Alaska 2019), the Alaska Supreme Court held that compelling a defendant to testify in violation of t… |
| 23-5926 | Jahvaris Lamoun Springfield v. United States | Ninth Circuit | 2023-10-31 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights criminal-procedure due-process fair-trial fifth-amendment jury-misconduct no-impeachment-rule sixth-amendment | The question presented is whether there is a constitutional exception to the no-impeachment rule codified in Federal Rule of Evidence 606(b) for insta… |
| 23-5906 | Carey Ackies v. United States | First Circuit | 2023-10-30 | Denied | Response WaivedRelisted (2)IFP | civil-rights constitutional constitutional-rights direct-appeal due-process ineffective-assistance procedural-prerequisites sixth-amendment standing strickland-standard strickland-v-washington | 1. WHETHER ACKIES HAS SATISFIED ALL PROCEDURAL PREREQUISITES NECESSARY TO FILE COA? 2. WHETHER ACKIES HAS SATISFIED THE STANDARDS OF STRICKLAND V. WA… |
| 23-452 | Michigan v. Anthony Joseph Veach | Michigan | 2023-10-30 | Denied | 6th-amendment child-rape child-victim courtroom-closure public-trial sixth-amendment technicality trial-court trial-procedure victim waller-standard | Does the Sixth Amendment right to a public trial require subjecting the child rape victim to an automatic retrial based on a technicality when there a… | |
| 23-444 | Steven Lee Moss v. Gary Miniard, Warden | Sixth Circuit | 2023-10-27 | Denied | Response RequestedResponse WaivedRelisted (2) | 6th-amendment counsel-denial cronic-exception effective-assistance-of-counsel ineffective-assistance prejudice sixth-amendment state-action strickland-standard strickland-v-washington united-states-v-cronic | The question presented is whether, when counsel is physically present, state action is required before a court may find a complete denial of counsel u… |
| 23-437 | Anthony A. Anderson v. United States | Armed Forces | 2023-10-26 | Denied | constitutional-law court-martial criminal-prosecution due-process equal-protection liberty-interests property-interests sixth-amendment | Does the United States Constitution require that a general court-martial guilty verdict be unanimous? | |
| 23-5891 | Luis Alonso Hidalgo, III v. Tim Garrett, Warden, et al. | Ninth Circuit | 2023-10-26 | Denied | Response WaivedRelisted (2)IFP | confrontation-clause constitutional-rights criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel joinder joint-trial sixth-amendment | 1. Did the Ninth Circuit err when Petitioner Hidalgo made a substantial showing of the denial of a constitutional right as to the failure of counsel t… |
| 23-5894 | Myron Lee Brandon v. United States | Eighth Circuit | 2023-10-26 | Denied | Response WaivedRelisted (2)IFP | 5th-amendment 6th-amendment consent criminal-procedure due-process evidence evidence-exclusion fifth-amendment jury-instructions sixth-amendment transportation-of-minors | I. The District Court violated the Defendant's Fifth and Sixth Amendment rights by excluding evidence and Arg ument under Fed. R. Evid . 412, specific… |
| 23-5886 | Phillip Charles Gibbs v. Becky Carl, Warden | Sixth Circuit | 2023-10-25 | Denied | Response WaivedRelisted (2)IFP | appellate-review automatic-reversal constitutional-violation habeas-corpus ineffective-assistance-of-counsel prejudice-analysis sixth-amendment state-practice strickland-standard strickland-v-washington unconstitutional-state-practice | Whether prejudice under Strickland v. Washington, 466 U.S. 668 (1984), is shown by an attorney's failure to preserve a claim that would result in an a… |
| 23-5861 | Joseph Pierre v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2023-10-23 | Denied | Response WaivedRelisted (2)IFP | brady-violation due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel kyles-v-whitley prosecutorial-misconduct sixth-amendment sixth-amendment-right | Whether the Courts below decided an important federal question in a way that conflicts with the relevant decisions of this court when they denied -wit… |
| 23-5839 | Cesar Humberto Valencia-Terrazas v. United States | Fifth Circuit | 2023-10-19 | Denied | Response WaivedIFP | case-law constitutional-interpretation criminal-procedure due-process judicial-discretion legal-precedent precedent-overruling sentencing sixth-amendment statutory-interpretation supreme-court supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-416 | Derek Michael Chauvin v. Minnesota | Minnesota | 2023-10-19 | Denied | Amici (1)Response Waived | change-of-venue community-bias community-harm criminal-procedure juror-bias juror-prejudice presumed-prejudice sixth-amendment venue-change voir-dire | Although a slightly similar question was presented to this Court in Skilling v. U.S., 558 U.S. 945 (2009), questions remained unresolved regarding the… |
| 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… |
| 23-5835 | Sean Christopher Finnell v. United States | Eleventh Circuit | 2023-10-18 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-rights criminal-defendants first-amendment internet-access packingham-v-north-carolina sex-offenders sixth-amendment supervised-release | 1. In Packingham v. North Carolina, 582 U.S. 98 (2017), the Court held that a North Carolina statute prohibiting registered sex offenders from accessi… |
| 23-5820 | William H. Cornelius v. Florida | Florida | 2023-10-17 | Denied | Response WaivedIFP | 6th-amendment due-process federal-jurisdiction first-amendment fourteenth-amendment jury-instructions non-delegation-doctrine separation-of-powers sixth-amendment state-courts | 1.) IN LIGHT OF ALEXANDER HAMILTON'S ASSERTIONS IN "THE FEDERALIST PAPERS" NO. 80, IS IT THE OBLIGATION OF THE UNITED STATES SUPREME COURT TO RESOLVE … |
| 23-5785 | Joshua Aston v. Arizona | Arizona | 2023-10-16 | Denied | IFP | 6th-amendment constitutional-rights criminal-procedure due-process jury-instructions reopening-of-case right-to-present-defense right-to-testify sixth-amendment trial-procedure unanimous-jury | Where a defendant wasn't afforded the opportunity to testify, did the trial court or defense counsel violate a defendant's right to testify and presen… |
| 23-5794 | Joseph Aiken v. Florida | Florida | 2023-10-16 | Denied | Response RequestedResponse WaivedRelisted (9)IFP | 14th-amendment 6th-amendment constitutional-law constitutional-rights criminal-procedure felony felony-charges fourteenth-amendment jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5801 | Jeffery Ducote v. Tim Hooper, Warden | Fifth Circuit | 2023-10-16 | Denied | Response WaivedRelisted (2)IFP | 14th-amendment 5th-amendment 6th-amendment constitutional-rights due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel right-to-testify sixth-amendment | 1. Mr. Ducote's 5th, 6th, and 14th Amendment rights of the United States Constitution were violated when his right to testify was taken from him. 2. … |
| 23-5802 | Erie Adams, aka Michael Johnson v. United States | Sixth Circuit | 2023-10-16 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure defense-counsel due-process habeas-corpus ineffective-assistance legal-precedent sixth-amendment strickland-standard strickland-v-washington | 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 (… |
| 23-5767 | Fidel Flores v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2023-10-12 | Denied | Response WaivedIFP | complainant-credibility credibility-determination expert-testimony harmless-error lay-testimony sixth-amendment strickland-prejudice strickland-standard | 1. Did the Fifth Circuit err in its review of Petitioner's Sixth Amendment claim – and its evaluation of Strickland prejudice – when it determined tha… |
| 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… |
| 23-5724 | Taylor Scott Meece v. Wyoming | Wyoming | 2023-10-05 | Denied | Response WaivedIFP | appellate-review constitutional-rights due-process fair-trial fourteenth-amendment fourth-amendment judicial-discretion prosecutorial-misconduct sixth-amendment supreme-court-procedure | 1. Did the Wyoming Supreme Court abuse its description in allowing only one opinion of the justice in affirming the conviction and sentence set forth?… |
| 23-5714 | Cuhuatemoc Hinricky Peraita v. Alabama | Alabama | 2023-10-04 | Denied | Relisted (2)IFP | appellate-review evidence-rule juror-misconduct jury-misconduct mattox-v-united-states no-impeachment-rule parker-v-gladden prior-convictions sixth-amendment trial-procedure verdict-challenge | During petitioner's trial for capital murder, the jury foreperson told the other jurors misleading and prejudicial information about petitioner's prio… |
| 23-5700 | Paul Gray v. Louisiana | Louisiana | 2023-10-03 | Denied | Response WaivedIFP | civil-rights constitutional-protection due-process equal-protection fourteenth-amendment judicial-economy montgomery-v-louisiana nonunanimous-verdict sixth-amendment | 1. Does the State of Louisiana have the express right to invoke the defense of "judicial economy " as a ruse for plausible deniability; especially wh… |
| 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 … |
| 23-5678 | Jasper Michael Wagner v. United States | Fifth Circuit | 2023-10-02 | Denied | Response WaivedIFP | circuit-court-interpretation constitutional-law criminal-history criminal-procedure descamps-v-united-states gall-v-united-states judicial-fact-finding sentencing sentencing-guidelines sixth-amendment united-states-v-hernandez | Whether the Fifth Circuit's holding that that judicial fact-finding as to past offenses is permissible during sentencing pursuant to United States v. … |
| 23-5686 | David Calhoun v. United States | Third Circuit | 2023-10-02 | Denied | Response WaivedRelisted (2)IFP | 5th-amendment civil-rights counsel-of-choice due-process fifth-amendment government-misconduct harmless-error kotteakos-v-united-states procedural-default sixth-amendment | Could jurists of reason debate the district court's resolution or conclude the issue presented is adequate to deserve encouragement to proceed further… |
| 23-5692 | Jose Ramon Andino-Morales v. United States | First Circuit | 2023-10-02 | Denied | Response WaivedIFP | 6th-amendment acquitted-conduct criminal-procedure due-process fifth-amendment jury-trial jury-trial-right sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 23A283 | James T. Cunningham v. United States | Armed Forces | 2023-10-02 | Presumed Complete | courts-martial Fifth-Amendment service-members Sixth-Amendment UCMJ unanimous-verdict | Question not identified. | |
| 23-5677 | Rodtravion Woods v. Brian Cates, Warden | Ninth Circuit | 2023-09-29 | Denied | Response WaivedIFP | constitutional-rights credibility credibility-challenge effective-assistance-of-counsel government-witness habeas-corpus impeachment-evidence ineffective-assistance prejudice sixth-amendment trial-counsel | Was petitioner prejudicially denied his constitutional right to the effective assistance of counsel when his counsel failed to impeach a critical gove… |
| 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… |
| 23-321 | Jerry J. Davis, Jr. v. United States | Sixth Circuit | 2023-09-27 | Denied | Response Waived | certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland strickland-standard trial-counsel | Whether the District Court and Sixth Circuit Erred When Both Found That Mr. Davis Was Not Entitled to the Issuance of a Certificate of Appealability f… |
| 23-5634 | Jacob M. Currey v. Illinois | Illinois | 2023-09-21 | Denied | Response WaivedIFP | civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel legal-standard plea-bargaining right-to-appeal sixth-amendment | Wvv^-VVie-r W "»£ -far ck svulf d,ouc4 c\eM o rd^6+ c\ -VM^eAy^ pec? ^\<?4^o 4c? b'4h<i rc^xjftj g\jvr4y ^) \€o-& ,c\j\A v/ \l > 4 y iv(4> r^V^A" £X.… |
| 23-5616 | Isaac Kipkurui Biegon v. United States | Fifth Circuit | 2023-09-20 | Denied | Response WaivedIFP | accomplice-testimony confrontation-clause conspiracy-evidence conspiracy-hearsay corroboration corroboration-evidence criminal-procedure due-process hearsay jury-instructions sixth-amendment | This petition seeks a review of a wrongful alleged conspiracy conviction. A. There are three foundational prerequisites which must be established to … |
| 23-5620 | Margaret A. Allen v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2023-09-20 | Denied | IFP | capital-punishment certificate-of-appealability constitutional-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel mitigation sixth-amendment strickland-v-washington | 1. Whether the Eleventh Circuit flouted this Court's relevant decisions and precedent by declining to even grant a certificate of appealability regard… |
| 23-5609 | Eric G. Banks, Sr. v. Anthony Brown, Attorney General of Maryland, et al. | Fourth Circuit | 2023-09-19 | Denied | Response WaivedIFP | 5th-amendment court-error due-process eighth-amendment fifth-amendment fourteenth-amendment ineffective-counsel liberty prosecution-misconduct sixth-amendment | 1. ) Did the U.S. District Court violate the Petitioners 5th Amendment Constitutional Right by allowing the lower court to allow the Petitioner to tes… |
| 23-5599 | Juan Manuel Amaya-Castaneda v. United States | Fifth Circuit | 2023-09-18 | Denied | Response WaivedIFP | almendarez-torres appellate-review criminal-procedure judicial-discretion prior-conviction-exception prior-convictions sentencing sentencing-guidelines sixth-amendment | Whether, after Holguin-Hernandez v. United States, _U.S.__, 140 S.Ct. 762 (2020), a party may obtain appellate relief when the district court fails to… |
| 23-5606 | Samuel Valencia v. United States | Fifth Circuit | 2023-09-18 | GVR | Relisted (3)IFP | alleyne-v-united-states apprendi-v-new-jersey armed-career-criminal-act constitutional-interpretation fifth-amendment indictment jury-trial prior-convictions sentencing-enhancement sixth-amendment | Do the Fifth and Sixth Amendments of the U.S. Constitution require that facts to prove a defendant's prior convictions were for offenses committed on … |
| 23-5594 | Brim Bell v. New Hampshire | New Hampshire | 2023-09-15 | Denied | Response WaivedRelisted (2)IFP | confrontation-clause constitutional-rights criminal-procedure due-process false-testimony ineffective-assistance-of-counsel judicial-bias prosecutorial-misconduct sixth-amendment trial-procedure warrantless-search | 1. Whether trial-counsel erred by not filing a motion to quash the indictments, despite the overwhelming-evidence that proves the investigating offi… |
| 23-5579 | Fitzroy C. Morton v. Florida | Florida | 2023-09-14 | Denied | Response RequestedResponse WaivedRelisted (18)IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5583 | Fernando Lopez v. United States | Fifth Circuit | 2023-09-14 | Denied | Response WaivedIFP | crime-of-violence double-counting felon-in-possession fifth-amendment preponderance-of-the-evidence preponderance-standard relevant-conduct sentencing sixth-amendment | L. Whether alleged possession of a different gun 17 months after Mr. Lopez's charged felon-in-possession offense constituted relevant conduct? I. Whe… |
| 23-242 | Jonathan M. Martinez v. United States | Armed Forces | 2023-09-14 | Denied | Response RequestedResponse WaivedRelisted (2) | 6th-amendment constitutional-rights criminal-procedure due-process jury-trial jury-unanimity military-conviction military-justice sixth-amendment unanimous-verdict uniform-code-military-justice | Whether military convictions for serious offenses must be unanimous. |
| 23-5567 | Carlos Gilbert Arellano-Ramirez v. Florida | Florida | 2023-09-13 | Denied | Response RequestedResponse WaivedRelisted (18)IFP | 14th-amendment 6th-amendment constitutional-law constitutional-rights criminal-procedure felony felony-charges fourteenth-amendment jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5570 | Scottie Andrea Jackson v. Florida | Florida | 2023-09-13 | Denied | Response RequestedResponse WaivedRelisted (18)IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 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 (… |
| 23-5574 | Ramone L. Wright v. United States | Sixth Circuit | 2023-09-13 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process effective-assistance-of-counsel judicial-process notice-requirement self-representation sixth-amendment trial-preparation | Question not identified. |
| 23-5575 | Andrew Sposato v. Florida | Florida | 2023-09-13 | Denied | Response RequestedResponse WaivedRelisted (18)IFP | 14th-amendment 6th-amendment constitutional-rights criminal-procedure due-process felony felony-charge fourteenth-amendment jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23A227 | Calvin Cogdill v. United States | Sixth Circuit | 2023-09-11 | Presumed Complete | armed-career-criminal-act felon-in-possession-of-firearm mandatory-minimum-sentence predicate-offense preponderance-of-evidence sixth-amendment | Question not identified. | |
| 23A225 | Jeremie Saintvil v. United States | Eleventh Circuit | 2023-09-08 | Presumed Complete | bank-fraud-statute duplicitous-indictment fifth-amendment sixth-amendment surplusage venue-rights | Question not identified. | |
| 23-5540 | Michael Rinaldi v. United States | Third Circuit | 2023-09-07 | Denied | Response WaivedIFP | 6th-amendment acquitted-conduct criminal-sentencing double-jeopardy due-process fifth-amendment jury-trial ratio-decidendi sentencing sixth-amendment | 1. ) Whether the fifth and sixth amendments prohitbit a ferderal court from basing a criminal defendants sentence on conduct for which a jury has acq… |
| 23-5526 | Adelfo Rodriguez-Mendez v. United States | Third Circuit | 2023-09-06 | Denied | Response WaivedIFP | alleyne-standard constitutional-violation criminal-procedure drug-attribution evidence fifth-amendment fourteenth-amendment fourth-amendment post-conviction-sentencing sentencing sixth-amendment | 1. Whether attributing drugs , post-conviction , in an amount greater than what is charged in an indictment and greater than what the jury found is in… |
| 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. |
| 23-5517 | Kamar Laquan Cox v. United States | Sixth Circuit | 2023-09-05 | Denied | Response WaivedIFP | acquittal criminal-sentencing double-jeopardy due-process fifth-amendment judicial-discretion jury-acquittal jury-trial sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 23-5509 | Vincent D. White, Jr. v. Michael Phillips, Warden | Sixth Circuit | 2023-09-01 | Denied | Response WaivedIFP | adverse-effect concurrent-conflict conflict-of-interest constitutional-rights criminal-defense criminal-procedure due-process habeas-corpus hearsay-evidence ineffective-assistance 23-5508" mickens-standard post-conviction-relief sixth-amendment state-court trial-counsel Whether a state court's denial of post-conviction | 1. Whether a criminal-defense attorney, under indictment on charges of rape, kidnapping, and sexual assault, has a conflict of interest when simultane… |
| 23-5484 | Dion Ray Wheeler v. United States | Fifth Circuit | 2023-08-30 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 23-5455 | John A. Crane v. Florida | Florida | 2023-08-28 | Denied | Response RequestedResponse WaivedRelisted (18)IFP | constitutional-rights criminal-defendant criminal-procedure due-process felony felony-charge fourteenth-amendment jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5458 | Kimeo Delmar Conley v. Jason Wells, Warden | Seventh Circuit | 2023-08-28 | Denied | Response WaivedIFP | 4th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence fourth-amendment jury-instructions sixth-amendment statutory-interpretation | Question not identified. |
| 23-5459 | Maurice Turner v. Administrator, New Jersey State Prison, et al. | Third Circuit | 2023-08-28 | Denied | Response WaivedIFP | co-defendant co-defendant-statements confrontation-clause criminal-procedure douglas-v-alabama due-process harmless-error pretrial-statements sixth-amendment testimony | WHETHER THE VIOLATION OF THE CONFRONTATION CLAUSE AS EXPLICATED IN DOUGLAS V. ALABAMA, 380 U.S. 415, 85 S.CT. 1074, 13 L.ED.2D 934 (1965) WAS HARMLESS… |
| 23-5449 | Antonio Rojas v. United States | Fifth Circuit | 2023-08-25 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 23-5453 | Pedro Ramirez-Urbina v. United States | Fifth Circuit | 2023-08-25 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment alien-smuggling burden-of-proof causation causation-standard criminal-procedure due-process fifth-amendment sentence-enhancement sixth-amendment | Whether the Fifth or Sixth Amendments prohibit conduct for which Ramirez was acquitted—committing an alien-smuggling offense that resulted in a death—… |
| 23A172 | Bradley Wayne Berry v. Kirt Guerin, Warden | Fifth Circuit | 2023-08-25 | Presumed Complete | collateral-review constitutional-right jury-verdict retroactive-application sixth-amendment unanimous-jury | Question not identified. | |
| 23A175 | Phillip Charles Gibbs v. Becky Carl, Warden | Sixth Circuit | 2023-08-25 | Presumed Complete | courtroom-closure public-trial sixth-amendment strickland-prejudice structural-error voir-dire | Question not identified. | |
| 23-5427 | Ranson Long Pumpkin v. United States | Eighth Circuit | 2023-08-24 | Denied | IFP | confrontation-clause credibility credibility-evidence criminal-procedure cross-examination drug-usage drug-use evidence sixth-amendment | Whether Long Pumpkiw's right to confrontation was denied when the district court ruled that he could not cross-examine two important eye-witnesses "in… |
| 23-5434 | Lamar Victor Moncrieffe v. United States | Eleventh Circuit | 2023-08-24 | Denied | Response WaivedIFP | acquitted-conduct double-jeopardy fifth-amendment jury-determination jury-trial sentencing-enhancement sixth-amendment | Whether a district court violates a defendant's Fifth Amendment and Sixth Amendment rights by basing a substantial four-level sentencing enhancement o… |
| 23A164 | Jesus Arley Munera-Gomez v. United States | First Circuit | 2023-08-23 | Presumed Complete | compulsory-process entrapment-defense fifth-amendment prosecutorial-discretion sixth-amendment use-immunity | 1. This case squarely presents a question that has divided the courts of appeals. Mr. Munera-Gomez was charged with drug offenses and raised an entrap… | |
| 23-5410 | Sedrick D. Russell v. J. Denmark | Fifth Circuit | 2023-08-21 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | civil-rights constitutional-rights criminal-procedure due-process exhaustion-doctrine habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice pro-se-petition sixth-amendment standing | Must a pro se petitioner alleging a complete denial of counsel specifically cite Cronic to exhaust his claim in the state court? If a detained crimin… |
| 23-5400 | Nathan Leon Branham v. Michigan | Michigan | 2023-08-18 | Denied | IFP | compulsory-process curriculum-vitae defense-expert due-process expert-witness fourteenth-amendment right-to-present-defense sixth-amendment | ISSUES RAISED BY DEFENDANT IN pro per ON DIRECT APPEAL :: WHEN THE PROSECUTION IS HIGHLY FAMILIAR WITH AN EXPERT, WAS IT A DRASTIC SANCTION FROM THE… |
| 23A152 | Michael Lajeunesse v. Kris Karberg, Warden | Eighth Circuit | 2023-08-18 | Presumed Complete | 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… |
| 23A129 | Cuhuatemoc Peraita v. Alabama | Alabama | 2023-08-16 | Presumed Complete | capital-punishment extraneous-prejudicial-information jury-impartiality mitigation-evidence sixth-amendment waiver-of-rights | Question not identified. | |
| 23A135 | Richard Langston v. Connecticut | Connecticut | 2023-08-15 | Presumed Complete | acquitted-conduct-sentencing due-process fourteenth-amendment jury-trial sentencing sixth-amendment | Whether a state sentencing judge's explicit consideration of acquitted conduct, standing alone, violates a defendant's rights under the Sixth and Four… | |
| 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 … |
| 23-5342 | Roger Rachon Cooley v. United States | Eighth Circuit | 2023-08-11 | Denied | Response WaivedIFP | barker-test barker-v-wingo constitutional-rights four-factor-balancing-test judicial-review motion-to-dismiss negligence prejudice sixth-amendment speedy-trial | Did the lower courts err in analyzing the four factor balancing test outlined in Barker v. Wingo, 407 U.S. 514, (1972) when they denied Mr. Cooley's m… |
| 23-5343 | Scott Lindsay Halfhill v. Washington | Washington | 2023-08-11 | Denied | IFP | alternative-suspect circumstantial-evidence criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel reasonable-doubt sixth-amendment | (1) Should this Court grant Certiorari when Halfhill was convicted of killing a man with intent upon nothing more than being of many people in the vic… |
| 23-5346 | Marcrease Delance Farmer v. United States | Eighth Circuit | 2023-08-11 | Denied | Response WaivedRelisted (2)IFP | constitutional-violation counsel-of-record due-process fifth-amendment juror-challenge racial-bias racial-identity sixth-amendment voir-dire | 1. Is it a constitutional Fifth and Sixth Amendment violation when during voir dire and motivated by a single juror's racial identity, Counsel of Rec… |
| 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. … |
| 23-5325 | Charles D. Adams v. Merit Systems Protection Board | Federal Circuit | 2023-08-10 | Dismissed | Response WaivedIFP | agency-collusion civil-rights collusion-between-an-mda-ses-and-dia-is-wrong-and- constitutional-violations due-process employer-discrimination equal-justice-under-the-law evidence-withholding sixth-amendment standing | Whether CAFC made an error in their decision to dismiss CAFC 2023-1212 (DC-3443-22-0385-1-1) which was about Mr. Waschull colluding with his former em… |
| 23-5329 | Charles D. Adams v. Merit Systems Protection Board | Federal Circuit | 2023-08-10 | Dismissed | Response WaivedIFP | access-to-records adverse-action civil-rights discrimination discrimination-complaint due-process equal-employment-opportunity evidence-withholding retaliation sixth-amendment wrongful-termination | Whether CAFC made an error in their decision to dismiss CAFC 2023-1213 (DC-3443-22-0386-1-1) which was about DIA wrongfully dismissing and ignoring my… |
| 23-5315 | Jesse Dean Redfearn v. Oklahoma | Oklahoma | 2023-08-09 | Denied | IFP | 42-usc-1983 civil-rights compulsory-process confrontation-clause criminal-procedure due-process sixth-amendment witness-obstruction | Did the trial court and/or the prosecution violate the Sixth (6th) Amendment, [confrontation clause], and clearly established law of the United States… |
| 23-5319 | Antoine L. Riggins v. Ken Hollibaugh, Superintendent, State Correctional Institution at Somerset, et al. | Third Circuit | 2023-08-09 | Denied | Response WaivedIFP | brecht-exception brecht-v-abrahamson co-defendant-confession fair-trial fourteenth-amendment joint-trial sixth-amendment | 1. IS THERE AN URGENT NEED TO FURTHER DISCUSS THE EXCEPTION MENTIONED IN BRECHT V. ABRAHAMS ON 507 U.S. 619 (1993). WHERE DEFENDANT'S SIXTH AND FOURTE… |
| 23-5298 | Edgar Sandoval Catarino v. California | California | 2023-08-08 | Denied | Response WaivedIFP | criminal-procedure fourteenth-amendment jury-trial mandatory-minimum sentencing sixth-amendment | 1. Do the Sixth and Fourteenth Amendments confer a right to a jury trial with respect to a fact that has the dual effect of (1) increasing the mandato… |
| 23-5305 | John Vaughn v. Nebraska | Nebraska | 2023-08-08 | Denied | Response WaivedIFP | automobile-exception commercial-trains confrontation-clause fourth-amendment plain-smell-exception probable-cause search-and-seizure sixth-amendment warrant-requirement | 1) Does the automobile exception to the warrant requirement of the Fourth Amendment apply to commercial trains? 2) Is there a plain smell exception t… |
| 23-5294 | Micky Don Wade v. Texas | Texas | 2023-08-07 | Denied | IFP | criminal-procedure cronic-standard due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard | 1. May a state court evaluate a Cronic claim under the more burdensome standard of Strickland? (Please see Memorandum Opinion below, Appendix Exhibit … |
| 23-5295 | Custodio Carrasco-Garcia v. United States | Fifth Circuit | 2023-08-07 | Denied | Response WaivedIFP | counsel-performance criminal-procedure due-process ineffective-assistance right-to-appeal sixth-amendment strickland-standard strickland-v-washington | 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 (… |
| 23-5296 | Leonel Marin-Torres v. United States | Ninth Circuit | 2023-08-07 | Denied | Response WaivedIFP | criminal-justice-reform effective-assistance-of-counsel equitable-relief first-step-act guidelines-range ineffective-assistance pro-se-representation sentencing-guidelines sixth-amendment | 1. Whether a district court, when deciding a First Step Act motion on the pleadings, complies with Concepcion v. United States, when it fails to calcu… |
| 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… |
| 23-5289 | Willie Seth Crain, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2023-08-04 | Denied | IFP | appellate-review constitutional-rights criminal-procedure due-process evidence-sufficiency fourteenth-amendment ineffective-assistance pleadings sixth-amendment sufficiency-of-evidence | 1. Is it a violation of the Fourteen th Amendment right to Due Process to allow a conviction to stand where some of the elements of the crime were not… |
| 23-95 | Philip Esformes v. United States | Eleventh Circuit | 2023-08-02 | Denied | attorney-client-privilege criminal-procedure disqualification forfeiture judicial-fact-finding prejudice prosecutorial-misconduct sixth-amendment | While investigating petitioner for alleged health-care fraud, federal prosecutors seized hundreds of petitioner's attorney-client privileged documents… | |
| 23-92 | James Edwin Hoganson v. Colorado | Colorado | 2023-08-01 | Denied | aggravating-circumstances apprendi-v-new-jersey blakely-v-washington constitutional-rights criminal-sentencing due-process jury-determination jury-trial reasonable-doubt sixth-amendment | Where a maximum prison term may be doubled upon a finding of "extraordinary … aggravating circumstances," does the Sixth Amendment require th e existe… | |
| 23-91 | Nolan Marcus Forness, II v. Virginia | Virginia | 2023-08-01 | Denied | Response Waived | body-cameras compulsory-process confrontation-clause due-process evidence-preservation fifth-amendment fourteenth-amendment sixth-amendment | Issue 1. Given the current extensive of use by law enforcement of modern technology such as automobile and body cameras, a defendant's right under the… |
| 23-5248 | Nikolas Gacho v. Tyrone Baker, Warden | Seventh Circuit | 2023-08-01 | Denied | Response WaivedIFP | 28-usc-2254 6th-amendment certificate-of-appealability conflict-of-interest due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-negotiations sixth-amendment | 1) Should the 7Th Circuit Court of Appeals have issued a certificate of appe&libility to petitioner Nikolas Gacho where his ineffective assistance of … |
| 23-5253 | Youssef Hoballah v. Virginia | Virginia | 2023-08-01 | Denied | IFP | appeal-procedure constitutional-rights criminal-procedure double-jeopardy due-process evidence plea-bargaining sentencing sixth-amendment structural-error trial-procedure | Question not identified. |
| 23-5226 | Cornelius Michael Turner v. United States | Eleventh Circuit | 2023-07-27 | Denied | Response WaivedIFP | armed-career-criminal-act criminal-procedure judicial-factfinding occasions-clause sentencing sentencing-enhancement sixth-amendment wooden-v-united-states | I. Whether a defendant's Armed Career Criminal Act sentence may be affirmed when the lower court fails to properly apply this Court's occasions clause… |
| 23-81 | Douglas D. McCall v. Florida | Florida | 2023-07-27 | Denied | Response Waived | constitutional-rights criminal-defendant criminal-defendant-rights extrinsic-evidence fourteenth-amendment minor-victim prior-inconsistent-statement sixth-amendment | Whether a state evidentiary rule prohibiting the introduction of extrinsic evidence of an alleged minor victim's prior inconsistent statements/recanta… |
| 23-5192 | Phiet The Doan v. California | California | 2023-07-25 | Denied | Response WaivedIFP | due-process equal-protection excessive-fine fourteenth-amendment jury-trial restitution sixth-amendment victim-restitution | 1. Did Mr. Doan have a Sixth and Fourteenth Amendment right to a jury trial on whether he owed almost $64,000 in victim restitution? 2. Did the resti… |
| 23A65 | Jacob Hilbert v. Missouri | Missouri | 2023-07-24 | Presumed Complete | bench-trial criminal-procedure fourteenth-amendment jury-trial-waiver sixth-amendment valid-waiver | Question not identified. | |
| 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… |
| 23-5171 | Natoya Cunningham v. Florida | Florida | 2023-07-21 | Denied | Response RequestedResponse WaivedRelisted (19)IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5173 | Jose Luis Guzman v. Florida | Florida | 2023-07-21 | Denied | Response RequestedResponse WaivedRelisted (18)IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5140 | Ralph Castillo v. Richard Martinez, Warden, et al. | New Mexico | 2023-07-19 | Denied | IFP | aggravating-circumstances criminal-rights due-process jury-determination jury-trial plea-agreement plea-bargaining sentencing-enhancement sentencing-procedure sixth-amendment | 1. Was it proper for the State to intentionally mislead the court when it required that petitioner show the presumption of equality when the real issu… |
| 23-5125 | Justin Lewis v. United States | Eleventh Circuit | 2023-07-18 | Denied | Response WaivedIFP | appellate-review constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment habeas-corpus ineffective-assistance jurisdiction sixth-amendment | Question not identified. |
| 23A36 | Jerry J. Davis, Jr. v. United States | Sixth Circuit | 2023-07-17 | Presumed Complete | 28-USC-2255 effective-assistance-of-counsel franks-issue habeas-corpus motion-to-suppress sixth-amendment | Question not identified. | |
| 23A37 | Patrick Bowie v. William Lee, Superintendent, Greenhaven Correctional Facility | Second Circuit | 2023-07-14 | Presumed Complete | confrontation-clause crawford-v-washington fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment strickland-v-washington | Question not identified. | |
| 23A27 | Ranson Long Pumpkin v. United States | Eighth Circuit | 2023-07-13 | Presumed Complete | carjacking confrontation-clause crime-of-violence fair-trial firearm-discharge sixth-amendment | Question not identified. | |
| 23-5088 | Quinton Troy Hall v. United States | Sixth Circuit | 2023-07-13 | Denied | Response WaivedIFP | constitutional-rights due-process jury jury-finding methamphetamine methamphetamine-distribution preponderance-of-evidence sentencing sixth-amendment | WAS IT A VIOLATION OF THE UNITED STATES CONSTITUTION, SIXTH AMENDMENT WHEN THE TRIAL COURT SENTENCED THE PETITIONER TO A TERM OF 360 MONTHS. THE JURY … |
| 23-5094 | Adam Jason Poitra v. United States | Eighth Circuit | 2023-07-13 | Denied | Response WaivedIFP | aggravated-sexual-abuse criminal-procedure due-process jury-instructions sexual-abuse sixth-amendment unanimity unanimity-instruction | When the government introduces evidence of multiple alleged instances of sexual abuse to prove a single count of aggravated sexual abuse in violation … |
| 23-5081 | Ronnie R. Lovell v. United States | Sixth Circuit | 2023-07-12 | Denied | Response WaivedIFP | armed-career-criminal-act burden-of-proof criminal-procedure fifth-amendment jury-trial preponderance-of-evidence sentencing-enhancement sixth-amendment | Can a district court judge determine that an individual's prior offenses occurred "on occasions different," as required by the Armed Career Criminal A… |
| 23-5085 | Andre Rene Williams v. United States | Fifth Circuit | 2023-07-12 | Denied | Response WaivedIFP | acca constitutional-rights due-process fifth-amendment jury-trial non-elemental-facts preponderance-standard sentencing sentencing-enhancement sixth-amendment sixth-amendment-jury-trial | Whether the Constitution permits a sentencing judge to find non-elemental facts by a preponderance of the evidence and then rely on those facts to imp… |
| 23A28 | Moses Crowe v. United States | Eighth Circuit | 2023-07-12 | Presumed Complete | carjacking confrontation-clause eighth-circuit fair-trial firearm-possession sixth-amendment | Question not identified. | |
| 23-5034 | Omar Francisco Orduno-Ramirez v. United States | Tenth Circuit | 2023-07-05 | Denied | IFP | attorney-client-privilege confidential-communications due-process prosecutorial-misconduct sentencing sentencing-phase sixth-amendment structural-error | When prosecutors intentionally and without any legitimate law-enforcement justification access confidential attorney-client communications before sent… |
| 23-5037 | Patrick L. Martinez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2023-07-05 | Denied | Relisted (3)IFP | due-process equal-protection habeas-corpus indigent-prisoners ineffective-assistance ineffective-assistance-of-counsel sixth-amendment texas-criminal-procedure | Do Texas procedures for postconviction habeas corpus violate the Sixth Amendment and deny indigent prisoners equal protection and due process of law b… |
| 23-5039 | Thomas E. Creech v. Tim Richardson, Warden | Ninth Circuit | 2023-07-05 | Denied | Amici (1)IFP | capital-sentencing death-row eighth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel psychopathy sixth-amendment | 1. Whether, for purposes of measuring claims arising from capital sentencings, evidence of or reference to psychopathy should be treated as potential… |
| 23-5003 | Monty J. Banister v. Kansas | Kansas | 2023-06-30 | Denied | Response WaivedIFP | criminal-procedure duty-to-consult effective-assistance-of-counsel ineffective-assistance notice-of-appeal post-conviction-relief roe-v-flores-ortega sixth-amendment trial-counsel | Does this Court's decision in Roe v. Flores-Ortega, 528 U.S. 470 (2000), establish at least a rebuttable presumption that trial counsel has a Sixth Am… |
| 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… |
| 22-7902 | Saul Navarrete De La Cerda v. United States | Fifth Circuit | 2023-06-29 | Denied | Response WaivedIFP | almendarez-torres apprendi-v-new-jersey common-law constitutional-interpretation criminal-procedure notice-clause prior-conviction prior-conviction-exception sixth-amendment | Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 22-7906 | Lamar McDonald v. United States | Fifth Circuit | 2023-06-29 | Denied | Response WaivedIFP | apprendi-standard criminal-procedure due-process fifth-amendment sentencing sixth-amendment statutory-interpretation sufficiency-of-evidence void-for-vagueness | 1)Is Apprendi v. New Jersey Still Good Caselaw? Are the Lower Courts (Appeals Courts included) misapplying Apprendi and Mr. McDonald Fifth and Sixth … |
| 22-7877 | Corey Coggins v. Murray Tatum, Warden | Georgia | 2023-06-27 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-rights due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel joint-defense-agreement sixth-amendment strickland-standard strickland-v-washington trial-strategy | Is it ineffective assistance of counsel (guaranteed under the Sixth Amendment to the United States Constitution) for a client's court-appointed attorn… |
| 22-7863 | Osvaldo Castelan-Saucedo v. United States | Fifth Circuit | 2023-06-26 | Denied | Response WaivedIFP | Almendarez-Torres case-precedent court-of-appeals criminal-procedure due-process fifth-circuit jury-trial legal-review sentencing Sixth-Amendment supreme-court writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7846 | Vance Collins v. United States | Second Circuit | 2023-06-22 | Denied | Response WaivedIFP | bruton-v-united-states codefendant codefendant-statement confrontation-clause crawford-v-washington criminal-procedure hearsay out-of-court-statement sixth-amendment | Whether a defendant's rights under the Confrontation Clause of the Sixth Amendment are violated by the admission of a non-testifying codefendant's out… |
| 22-7826 | Ronell Watson v. United States | Second Circuit | 2023-06-21 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment attempted-murder constitutional-rights fifth-amendment jury-instructions premeditation sentencing-guidelines sixth-amendment statutory-maximum | Is premeditation an element of attempted murder under the federal system, such that the Government violated Petitioner's Fifth and Sixth Amendments ri… |
| 22-7834 | Marshall Henry Ellis v. Oklahoma | Oklahoma | 2023-06-21 | Denied | IFP | 14th-amendment 6th-amendment constitutional-rights discovery due-process evidentiary-hearings fifth-amendment fourteenth-amendment prejudicial-hearsay sixth-amendment supremacy-clause | 1. Has the State of Oklahoma denied my rights under the Fifth, Sixth and Fourteenth Amendments by refusing to furnish requested discovery, refusing ev… |
| 22-7837 | Carlos Delgado-Adame v. United States | Fifth Circuit | 2023-06-21 | Denied | Response WaivedIFP | almendarez-torres apprendi apprendi-v-new-jersey historical-practices notice-clause prior-conviction prior-conviction-exception recidivism-enhancement sixth-amendment | Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 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… |
| 22-7808 | Elroy Pedro Gomez v. William Joe Sullivan, Warden | Ninth Circuit | 2023-06-16 | Denied | Response WaivedIFP | California-Supreme-Court criminal-procedure Due-process Equal-protection Habeas-corpus ineffective-assistance plea-bargain Sentencing-enhancements Sixth-Amendment | 1. In the fi rst pl ace, was Peti tioner deni ed hi s Sixth Amendment right to the effecti ve assi stance of counsel when hi s court-appoi nted trial … |
| 22-7809 | Brandy Bain Jennings v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2023-06-16 | Denied | IFP | constitutional-rights due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance mitigation-evidence postconviction-proceedings postconviction-relief sixth-amendment strickland-standard strickland-v-washington | Whether the Eleventh Circuit's analysis of ineffective assistance of counsel claims fails to protect the Sixth Amendment right to effective assistance… |
| 22-7793 | Nedeltcho Vladimirov v. United States | Fourth Circuit | 2023-06-15 | Denied | Response WaivedIFP | confrontation-clause covid-19-restrictions criminal-procedure due-process fair-trial less-restrictive-alternatives sixth-amendment speedy-trial witness-testimony | Whether the Confrontation Clause of the Sixth Amendment is violated by requiring all trial witnesses to testify with masks that covered the majority o… |
| 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… |
| 22-7772 | Stanley Jackson, III v. United States | Sixth Circuit | 2023-06-13 | Denied | Response WaivedIFP | armed-career-criminal-act constitutional-rights criminal-sentencing due-process jury-factfinding jury-trial prior-convictions sentencing sixth-amendment | 1. Whether the Constitution requires an indictment, jury trial, and proof beyond a reasonable doubt to find a defendant's prior convictions were "comm… |
| 22-7758 | Steven Keith Hunley v. United States | Sixth Circuit | 2023-06-12 | Denied | Response WaivedIFP | armed-career-criminal-act constitutional-violations criminal-procedure fifth-amendment indictment jury-factfinding lower-courts-error preponderance-of-evidence sixth-amendment | Can a district court judge determine that an individual's prior offenses occurred "on occasions different," as required by the Armed Career Criminal A… |
| 22-7744 | Gregory Bartunek v. United States | Eighth Circuit | 2023-06-09 | Denied | Response WaivedIFP | certificate-of-appealability confrontation-clause due-process habeas habeas-corpus ineffective-assistance-of-counsel sixth-amendment speedy-trial | Did the Court of Appeals abuse its discretion, violationg Bartunek's due process rights, by failing to issue a Certificate of Appealability for consti… |
| 22-1195 | Phillip Robinson v. United States | Seventh Circuit | 2023-06-09 | Denied | Response Waived | acquitted-conduct criminal-sentencing due-process fifth-amendment jury-trial sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 22-7723 | Wesley Jorome Harris v. United States | Fifth Circuit | 2023-06-06 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment parole sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 22-7706 | Johnny Taylor v. Jeff Tanner, Acting Warden | Sixth Circuit | 2023-06-05 | Dismissed | Response RequestedResponse WaivedIFP | complete-denial-of-counsel critical-stage evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel prejudice presumption-of-prejudice sixth-amendment sixth-circuit | 1. If an attorney's deficiency is grave enough, criminal defendants do not need to demonstrate prejudice to prove ineffective assistance of counsel. I… |
| 22-7698 | Tristan Kareem Davis v. United States | Eighth Circuit | 2023-06-02 | Denied | Response WaivedIFP | administrative-law appointments-clause civil-rights constitutional-interpretation due-process executive-power senate-confirmation sentencing sixth-amendment statutory-maximum tenth-amendment territorial-governance | Did the Court exceed its authority in not having a jury at the sentencing hearing to sentence Davis beyond the Statutory Maximum? Is the United State… |
| 22-7681 | Jason Harriman v. United States | Eighth Circuit | 2023-06-01 | Denied | Response WaivedIFP | brady-violation due-process eighth-amendment evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel sixth-amendment | 1. Whether the Government violated Mr. Harriman's Sixth and Eighth Amendment Constitution al Eights and suppress evidentiary material of exculpatory v… |
| 22-7686 | Daniel Dorado v. California | California | 2023-06-01 | Denied | IFP | civil-rights criminal-procedure due-process equal-protection first-amendment fourteenth-amendment miranda-rights rape-cases sentencing sixth-amendment | For the Court's consideration and determination regarding issues involved in my criminal case, and consideration for adults in rape cases: 1. That th… |
| 22-7689 | Jose Guadalupe Romero Torres v. United States | Fifth Circuit | 2023-06-01 | Denied | Response WaivedIFP | almendarez-torres apprendi-v-new-jersey constitutional-interpretation criminal-procedure historical-practices notice-clause prior-conviction prior-conviction-exception sixth-amendment | Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 22-7673 | James Michael Wells v. United States | Ninth Circuit | 2023-05-31 | Denied | Response WaivedIFP | anonymous-jury apprendi-rights criminal-procedure due-process jury-selection jury-trial public-trial restitution-order sixth-amendment | 1. Whether a criminal defendant has a Sixth Amendment right to a public jury, as opposed to an "anonymous" jury, in a federal criminal trial, and, if … |
| 22-7676 | Rene Lugo-Barcenas v. United States | Eighth Circuit | 2023-05-31 | Denied | Response WaivedIFP | constitutional-rights drug-purity due-process equal-protection methamphetamine methamphetamine-sentencing sentencing-guidelines sixth-amendment ussg-2d1.1 | Claim #1 Does the fifth amendment's due process and equal protection rights guard against disparate sentences created by the Methamphetamine Drug Tabl… |
| 22-7660 | Damon L. Buford v. United States | Eighth Circuit | 2023-05-30 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | armed-career-criminal-act fifth-amendment judicial-factfinding occasions-clause plain-error predicate-offenses sixth-amendment | I. Whether a defendant's Armed Career Criminal Act sentence may be affirmed when the lower court fails to properly apply this Court's occasions clause… |
| 22-7661 | Michael D. Beiter, Jr. v. United States | Eleventh Circuit | 2023-05-30 | Denied | Response WaivedIFP | access-to-counsel constitutional-rights counsel-termination criminal-procedure discovery due-process fifth-amendment pro-se-defense sixth-amendment | Whether a defendant who continually terminated (FIRED) his/her counsel ab initio of the proceedings and throughout the proceedings can gain access to … |
| 22-7652 | Mark A. Jones v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2023-05-26 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights counsel-communication criminal-procedure deadline-extension effective-assistance-of-counsel ineffective-assistance missouri-v-frye plea-bargaining sixth-amendment | Whether this Court's holding in Missouri v. Frye, 566 U.S. 134 (2012), that an attorney has a duty pursuant to the Sixth Amendment to communicate a fo… |
| 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. … |
| 22-7642 | Julio Angel Torrez, Jr. v. California | California | 2023-05-25 | Denied | Relisted (3)IFP | doyle-v-ohio due-process estelle-v-mcguire evidence-admission fair-trial fifth-amendment fourteenth-amendment jury-trial people-v-medina right-to-silence sixth-amendment | Question not identified. |
| 22-7632 | Kristofer D. Garrett v. Ohio | Ohio | 2023-05-24 | Denied | IFP | capital-defendant plain-error-test public-trial sixth-amendment structural-error substantial-rights | Does a state court finding of structural error, based on a violation of a capital defendant's Sixth Amendment right to a public trial, satisfy the pla… |
| 22-7617 | David Anthony Battle v. United States | Ninth Circuit | 2023-05-23 | Denied | Response WaivedIFP | barker-factors constitutional-rights covid-19 covid-19-delay dismissal-with-prejudice due-process jury-trial pretrial-incarceration sixth-amendment speedy-trial | 1. Whether the district court failed to make proper ends of justice findings to justify a sixteen month delay in the trial based upon pronouncements c… |
| 22-7620 | Timothy Sean Coogle v. United States | Fourth Circuit | 2023-05-23 | Denied | Response WaivedIFP | civil-rights criminal-procedure due-process entrapment evidence-sufficiency fabricated-evidence ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence sixth-amendment strickland-standard | Why was a Sixth Amendment violation not addressed in the Lower courts where defendant's lawyer failed utter the Strickland standards? How is the defe… |
| 22-7609 | Akiaz Marqiez King v. United States | Ninth Circuit | 2023-05-22 | Denied | Response WaivedIFP | 28-usc-2255 federal-habeas federal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel reed-v-goertz sixth-amendment state-law-interpretation statute-of-limitations | Should the Court grant a writ of certiorari, vacate the judgment below, and remand this case for the Ninth Circuit to consider this Court's intervenin… |
| 22-7604 | Harbans Singh v. United States | Ninth Circuit | 2023-05-19 | Denied | IFP | confrontation-clause criminal-procedure due-process hearsay immigration interpreter-testimony sixth-amendment | Whether an interpreter's hearsay statements are subject to Confrontation Clause analysis, particularly when the statements themselves constitute the c… |
| 22-7595 | Arnoldo Navarette v. Vincent Horton, Warden, et al. | Tenth Circuit | 2023-05-18 | Denied | Response WaivedIFP | criminal-procedure effective-assistance-of-counsel evidence ineffective-assistance-of-counsel sixth-amendment trial | h |Q\fy| C'vV €:M*r %.tf b | be vaU^^* "7 "lo^ »7 ti> ■ c\ -Vm ILO' r 3C k\ ^ % t hr. * {0icC^\^ ^ S' ^ v| ^<& |
| 22-7579 | Keith Grant Schneider v. Florida | Florida | 2023-05-17 | Denied | Response WaivedIFP | anders-brief anders-v-california appellate-procedure appellate-review constitutional-right counsel-appointment due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief sixth-amendment | Where the initial review collateral proceeding is the first designated proceeding for a prisoner to raise a claim of infective assistance of counsel a… |
| 22-7585 | Enrique Roberto Villarreal v. United States | Fifth Circuit | 2023-05-17 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 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… |
| 22-7557 | Germaine Coulter, Sr., aka Slim v. United States | Tenth Circuit | 2023-05-16 | Denied | Response WaivedIFP | due-process fair-trial hearsay-testimony juror-coercion jury-coercion jury-deliberation jury-deliberations prosecutorial-misconduct sixth-amendment | 1. Whether Mr. Coulter's Sixth Amendment rights were violated by the fact that the jury deliberations became publically known on how the jury was divi… |
| 22-1115 | Chris Noel Tagunicar v. California | California | 2023-05-15 | Denied | bill-of-rights courtroom-access covid-19 covid-19-restrictions criminal-defendant first-amendment media public-trial sixth-amendment | The Sixth Amendment guarantees a criminal defendant a public trial. In Presley v. Georgia , 558 U.S. 209 (2010) (per curiam), this Court held that exc… | |
| 22-7543 | Dwayne Mitchell Littlejohn v. United States | Fourth Circuit | 2023-05-12 | Denied | Response WaivedIFP | all-writs-act coram-nobis criminal-procedure custody due-process ineffective-assistance-counsel ineffective-assistance-of-counsel novelty-of-legal-interpretation sixth-amendment | Whether a defendant's reliance on erroneous advice from counsel, the Court of Appeals and novelty of a legal interpretation constitutes valid reasons … |
| 22-7539 | Stacy Gallman v. United States | Third Circuit | 2023-05-12 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | court-proceedings criminal-procedure cross-examination evidence evidence-ruling jury-selection public-trial sixth-amendment | Whether the Sixth Amendment's public trial guarantee extends to proceedings after a jury has been seated in which the court rules on challenged eviden… |
| 22-7532 | In Re Rex Gard | 2023-05-11 | Denied | IFP | criminal-justice cruel-and-unusual-punishment due-process equal-protection ex-post-facto ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sixth-amendment | 1. Is Petitioner actually innocent and has a miscarriage of justice occurred? 2. Is the South Dakota Supreme Court's overturning of their own precede… | |
| 22-7528 | Joshua Omar Garcia v. United States | Tenth Circuit | 2023-05-11 | Denied | IFP | circuit-split constitutional-rights due-process federal-prosecution sixth-amendment sovereign-delay speedy-trial state-prosecution | After indicting Mr. Garcia on federal charges, the government delayed bringing him into federal custody for 23 months as it waited for the completion … |
| 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… |
| 22-1097 | Don Fitzgerald Hancock v. United States | District of Columbia | 2023-05-10 | Denied | Response Waived | confrontation-clause due-process effective-assistance-of-counsel plain-error religious-freedom religious-garment sixth-amendment witness-testimony | Petitioner was convicted of second degree murder based largely on the testimony of the sole witness to the killing, who placed Petitioner at the scene… |
| 22-1090 | Christopher David Tarpey v. Wyoming | Wyoming | 2023-05-09 | Denied | Response RequestedResponse WaivedRelisted (2) | constitutional-rights criminal-procedure defendant-waiver due-process fundamental-right personal-right public-trial sixth-amendment waiver | Is the Sixth Amendment right to a public trial a fundamental right that is personal to the defendant such that waiver must be on the record by the def… |
| 22-7501 | Leon Caril, II v. Washington | Washington | 2023-05-09 | Denied | IFP | appeals-process criminal-procedure double-jeopardy due-process improper-witness-testimony ineffective-assistance-of-counsel legal-errors sentencing-errors sentencing-review sixth-amendment witness-testimony | 1. an as an Jvshce [A deciding Prosecuterial Vindiot veness OF appeals a ys want jvstee ta dec? " PTesecutecs 2. fA cidiag oX two Count ConyicHea Sor… |
| 22-7487 | Travis Carter v. Louisiana | Louisiana | 2023-05-09 | Denied | Response WaivedIFP | civil-rights constitutional-rights due-process fourteenth-amendment judicial-economy montgomery-precedent montgomery-v-louisiana sixth-amendment standing state-v-reddick takings | 1. Does the State of Louisiana have the express right to invoke the defense of "judicial economy " as a ruse for plausible deniability; especially whe… |
| 22-7485 | Daniel Isaiah Thody v. United States | Sixth Circuit | 2023-05-08 | Denied | Response WaivedIFP | civil-rights constitutional-challenge due-process jury-trial sentencing sentencing-procedure sixth-amendment statutory-interpretation supervised-release united-states-v-haymond | As a case of first impression, whether the current implementation of Supervised Release, (18 U.S.C. §3583), as a "separate sentence " in addition to t… |
| 22-7468 | Donatus O. Mbanefo v. United States | Eleventh Circuit | 2023-05-05 | Denied | Response WaivedIFP | 14th-amendment constitutional-deficiency criminal-procedure due-process equal-protection minority-rights selective-prosecution sixth-amendment trial-counsel | Question 1. Whether the lower courts erred by lending themselves to a prosecution that intentionally selected minority physicians for prosecution in v… |
| 22-1068 | Gary Paul Kirkman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2023-05-04 | Denied | certificate-of-appealability confrontation-clause crawford-v-washington criminal-procedure cross-examination due-process melendez-diaz-v-massachusetts sane-records sixth-amendment | Whether the Fifth Circuit erred in denying Gary Paul Kirkman's request for a certificate of appealability (COA) when it concluded that he had not made… | |
| 22-7429 | Melecio Santana Delacruz, aka Ricardo Vergara v. Texas | Texas | 2023-05-01 | Denied | IFP | credibility-determination habeas-corpus ineffective-assistance ineffective-assistance-of-counsel perjury record-evidence sixth-amendment | Understariding that the Texas Gourt of Criminal Appeals is the ultimate fact finder in Texas habeas corpus cases, and the weight placed upon Trial C… |
| 22-7400 | Maurice Morrison v. Massachusetts | Massachusetts | 2023-04-28 | Denied | Response WaivedIFP | confrontation-clause confrontation-rights criminal-procedure due-process evidence fourteenth-amendment judicial-protection jury-deliberations jury-trial sixth-amendment trial-evidence | A person accused of a crime is entitled to have his guilt or innocence determined solely on the basis of evidence introduced at trial. Taylor v. Kentu… |
| 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… |
| 22-7382 | Tarus Vandell Sales v. Texas | Texas | 2023-04-26 | Denied | IFP | actual-innocence constitutional-rights criminal-procedure death-penalty eighth-amendment enmund-v-florida fourteenth-amendment habeas-corpus law-of-parties sixth-amendment tison-v-arizona | 1. Whether Mr. Sales's death sentence violates the Sixth, Eighth, and Fourteenth Amendments, where the jury did not and could not find, based on the e… |
| 22-7378 | Patrick Ellis Cochran v. Harold W. Clarke, Director, Virginia Department of Corrections | Fourth Circuit | 2023-04-26 | Denied | Response WaivedIFP | 6th-amendment constitutional-rights criminal-procedure custody due-process ineffective-assistance plea-bargaining plea-negotiations sixth-amendment speedy-trial | Petitioner experienced extreme prejudice for 7 months while held in continous custody _2_ .counties away, waiting to answer charges — in Fairfax Count… |
| 22-7374 | Earl McCoy v. United States | Second Circuit | 2023-04-26 | Denied | IFP | court-of-appeals due-process false-statements juror-bias jury-selection mcdonongh-test mcdonough-standard new-trial sixth-amendment voir-dire | 1. Whether the Court of Appeals misapplied this Court's holding in McDonough in finding that juror J.B. was an unbiased juror. 2. Whether the Court o… |
| 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… |
| 22-7363 | David Vahlkamp v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2023-04-25 | Denied | Response WaivedIFP | civil-procedure equitable-tolling gross-negligence habeas-corpus holland-v-florida ineffective-assistance postconviction-attorney postconviction-relief reasonable-diligence sixth-amendment | 1. Whether the Petitioner is entitled to equitable tolling in light of his postconviction attorney's gross negligence. 2. Whether the Eleventh Circui… |
| 22-7358 | In Re Ronnie Dante Thomas | 2023-04-24 | Denied | IFP | collateral-challenge due-process habeas-corpus juvenile-adjudication procedural-bar sentencing-enhancement sixth-amendment | IS The U.S. Court of Appeals for The Sixth Circuit ("Sixth Circuit") Application of 28 U.S.C. § 2244(b)(3)'s Procedural Bar To a Collateral Challenge … | |
| 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… |
| 22-7345 | Ali F. Elmezayen v. United States | Ninth Circuit | 2023-04-21 | Denied | Response WaivedIFP | civil-rights criminal-procedure domestic-abuse due-process fair-trial impartial-jury jury-selection sixth-amendment voir-dire | Whether, consistent with the Sixth Amendment right to an impartial jury, a district court may refuse to inform the venire during jury selection about … |
| 22-7333 | David Jah, Sr. v. United States | Ninth Circuit | 2023-04-20 | Denied | Response WaivedIFP | civil-rights commerce-clause criminal-procedure due-process interstate-commerce jury-instruction jury-instructions pro-se-representation sixth-amendment speedy-trial speedy-trial-act | 1) Will the theory of the government, assisted by their witnesses, known to be fabricated, asserted to be harmful and outreagous conduct, be enough t… |
| 22-7317 | Rosa V. v. Ali H. | California | 2023-04-19 | Denied | IFP | child-abuse civil-rights confrontation-clause criminal-procedure due-process evidence evidence-law hearsay-exception medical-records out-of-court-statements sixth-amendment | In Our "ShorvG4u* l'tFyMW(ii)Oo5*r'i T prt-sented TVi* .Mtentit- OMvfMd (Vib/^ i/USdod-iau Of pecenis iflfoEi/itUnck- jwtyii, yw+U diSisq^kTH c..!,:^ … |
| 22-7310 | Antonio Minnis v. United States | Eighth Circuit | 2023-04-18 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure enhanced-sentence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice-prong sentencing-enhancement sixth-amendment strickland-standard strickland-v-washington | This Court in Strickland v. Washington , 466 U.S. 668, 80 L.Ed.2d 674, 104 S.Ct. 2052 (1984), laid the foundation for the gauging of ineffective assis… |
| 22-7311 | Randal Thomas Rosado v. Florida | Florida | 2023-04-17 | Denied | Response WaivedIFP | constitutional-rights criminal-act double-jeopardy fifth-amendment fourteenth-amendment multiple-prosecutions multiple-punishments negotiated-plea plea-bargaining same-offense sixth-amendment | Does a ~\ren~counf Conviction under He. Same. S~kchk- ■ppir (X. S OLct~ of -P7/Vi^f cz>V)dL doe-U/neflt y/folohfL double yZopardj clause- of tie Fif… |
| 22-7287 | Rodolfo Tovar-Zamarripa v. United States | Fifth Circuit | 2023-04-14 | Denied | IFP | almendarez-torres apprendi-v-new-jersey constitutional-interpretation criminal-procedure historical-practices notice-clause prior-conviction-exception prior-convictions sixth-amendment | Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 22-7267 | Lloyd Leslie Kindred v. T. Cisneros, Warden | Ninth Circuit | 2023-04-13 | Denied | IFP | 6th-amendment constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process effective-assistance-of-counsel ineffective-assistance interest-of-justice outcome-determination prejudicial-error reasonable-probability sixth-amendment | Brawnds(f), tas J deated the 6TH mend ment oF Heo VU, Lornctidubion: Ke oarebing Lown sed s Pray Mianee. Wa ad teas onobhy et&ti ve"and Hrat Here /5 a… |
| 22-7260 | Luis Alberto Escobedo-Duenas v. United States | Fifth Circuit | 2023-04-12 | Denied | IFP | almendarez-torres-precedent certiorari constitutional-provisions criminal-procedure due-process fifth-circuit judicial-review overrule sentencing sixth-amendment supreme-court supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7257 | Santos Cuevas v. Tina Kotek, Governor of Oregon, et al. | Ninth Circuit | 2023-04-12 | Denied | IFP | constitutional-review double-jeopardy due-process federal-law judicial-discretion jury-trial sentence-enhancement sentencing sixth-amendment | Has Oregon's Judiciary and legislature failed to incorporate landmark cases relevant for how and-when to enhance a sentence, and to comport with the r… |
| 22-7256 | Mickey Wahl v. Kris Mayes, Attorney General of Arizona, et al. | Ninth Circuit | 2023-04-11 | Denied | IFP | certificate-of-appealability constitutional-rights effective-assistance-of-counsel fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel ninth-circuit sixth-amendment uncertified-issues | I. Whether Mr. Wahl Was Denied His Right To Effective Assistance Of Counsel In Violation Of The Guarantees Of The Sixth & Fourteenth Amendments? II. … |
| 22-7244 | Jose Ramon Cruz v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2023-04-10 | Denied | IFP | certificate-of-appealability federal-review habeas-corpus ineffective-assistance-of-counsel plea-bargaining sixth-amendment state-court-decision state-court-deference strickland strickland-standard | When a State court's summary denial assumed the truth of the facts plead in a State habeas writ application and a Federal habeas court, pursuant to 28… |
| 22-980 | Neil Paul Noble v. Texas | Texas | 2023-04-10 | Denied | Response Waived | constitutional-rights criminal-procedure due-process fourteenth-amendment fundamental-right harmless-error indictment-notice notice sixth-amendment state-courts | A. Indictment A(l). Notice Is a Fundamental Federal Constitutional Right Is the Sixth Amendment right to be informed of the na ture and cause of the … |
| 22-7239 | Edward Knight v. United States | Ninth Circuit | 2023-04-07 | Denied | Response WaivedIFP | crime-of-violence criminal-procedure due-process felony hobbs-act in-person jury-trial public-trial sixth-amendment structural-error | 1. Whether allowing a seated juror to appear virtually via Zoom in a federal felony trial is structural error violating the Fifth and Sixth Amendment … |
| 22-7236 | Louis Gaskin v. Florida | Florida | 2023-04-06 | Denied | IFP | constitutional-rights cruel-and-unusual-punishment death-penalty eighth-amendment espinosa-v-florida fourteenth-amendment post-conviction-relief procedural-due-process procedural-rules sixth-amendment | 1. Whether evolving standards of decency have rendered Mr. Gaskin's death violative of the Eighth Amendment's prohibition of cruel and unusual punishm… |
| 22-7221 | Carlotta Susann Kutschenreuter v. Lagreta McClain, Warden | Eleventh Circuit | 2023-04-05 | Denied | Response WaivedIFP | 6th-amendment civil-rights due-process equitable-tolling habeas-corpus ineffective-assistance-of-counsel procedural-default sixth-amendment state-post-conviction-procedures | Alabama Rule of Criminal Procedure (ARCrimP) 32.2(d) states "any claim that counsel was ineffective must be raised as soon as practicable, either at t… |
| 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… |
| 22-7184 | Darrell Kelly Middlekauff v. Sue Washburn, Superintendent, Eastern Oregon Correctional Institution | Oregon | 2023-04-03 | Denied | Response WaivedIFP | capital-sentencing death-penalty fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-trial jury-trial-waiver post-conviction-relief sixth-amendment | 1. In a post-conviction relief case based on an aggravated murder conviction in which the defendant faced the death penalty, is trial counsel ineffect… |
| 22-7180 | Tyshon Booker v. Tennessee | Tennessee | 2023-04-03 | Dismissed | IFP | apprendi-v-new-jersey criminal-procedure fourteenth-amendment juvenile-court juvenile-transfer probable-cause reasonable-doubt sentencing sixth-amendment transfer-hearing | The defendant in this case was sixteen when the alleged crime was committed. He was initially charged in Juvenile Court. He was transferred from Juven… |
| 22-7174 | James R. Householder, Jr. v. Michael Zaken, Superintendent, State Correctional Institution at Greene, et al. | Third Circuit | 2023-04-03 | Denied | IFP | cross-examination due-process Fair-trial Fourteenth-Amendment Impeachment Inconsistent-testimony ineffective-assistance Ineffective-counsel Sixth-Amendment witness-testimony | 1. Was I deprived of my (14th) Fourteenth Amendment of due process of a fair trial, when I pleaded with my trial attorney and the Judge Meagan Bilik-D… |
| 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… |
| 22-7146 | Daren Bernard Razz, III v. United States | Eleventh Circuit | 2023-03-29 | Denied | Response WaivedIFP | 18-usc-3161 criminal-procedure due-process federal-prosecution government-delay indictment-timing sixth-amendment speedy-trial statutory-delay | Issue 1: Petitioner briefs the following point in an abundance of caution to preserve the issue regarding the denial of his second motion to dismiss t… |
| 22-7144 | In Re David Priester | 2023-03-29 | Denied | IFP | appellate-review constitutional-rights conviction counsel-representation due-process extraordinary-writ federal-constitutional ineffective-assistance sixth-amendment trial | Does the Sixth Amendment require the Assistance of and from counsel be appointed? A Federal and Constitutional matter effecting five trial(s). And see… | |
| 22-7138 | Muzammil Ali v. United States | Eighth Circuit | 2023-03-29 | Denied | Response WaivedIFP | criminal-procedure downward-variance due-process fifth-amendment jail-phone-calls motion-for-continuance sentencing sixth-amendment speedy-trial speedy-trial-act | 1. WHETHER THE COURT OF APPEALS ERRED IN AFFIRMING THAT ALI'S FIFTH AND SIXTH AMENDMENT RIGHTS WERE NOT VIOLATED UNDER THE SPEEDY TRIAL ACT. 2. WHETH… |
| 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… |
| 22-7134 | Christopher L. Whitaker v. Ohio | Ohio | 2023-03-28 | Denied | IFP | 14th-amendment 5th-amendment 6th-amendment 8th-amendment capital-defendant capital-punishment eighth-amendment fifth-amendment fourteenth-amendment mitigation-evidence self-incrimination sixth-amendment | By compelling the Petitioner to undergo a pretrial psychological evaluation to rebut a mitigation claim it knew he was not making, and prohibiting him… |
| 22-7126 | Andre Chandler, aka Mac Dre v. United States | Second Circuit | 2023-03-28 | Denied | Response WaivedIFP | attorney-client-privilege constitutional-rights due-process government-misconduct prejudice sixth-amendment trial-strategy witness-cooperation witness-debriefing | Did the government violate Petitioner's Sixth Amendment rights when it debriefed a witness who, by the time of trial was clearly cooperating with the … |
| 22-7122 | Quintel West v. Fredeane Artis, Acting Warden | Sixth Circuit | 2023-03-27 | Denied | Response WaivedIFP | due-process effective-assistance-of-counsel expert-testimony fourth-amendment probable-cause prosecutorial-misconduct reckless-driving sixth-amendment warrantless-arrest | I Detective Doyle testified that petitioner was arrested without a warrant for reckless driving. The reckless driving allegation is not supported by a… |
| 22-7106 | Brian Keith Wells, aka B. K. Wells v. United States | Sixth Circuit | 2023-03-24 | Denied | Response WaivedIFP | counsel-denial criminal-procedure criminal-sentencing ineffective-assistance procedural-review role-enhancement sentencing sentencing-guidelines sixth-amendment sixth-circuit substantive-reasonableness ussg-3b1.1 | Whether this honorable Court should grant certiorari to review whether Mr. Wells request for new counsel should have been granted? Whether this honor… |
| 22-7103 | George Lincoln Stanley, IV v. United States | Fourth Circuit | 2023-03-24 | Denied | Response WaivedIFP | 28-usc-1291 confrontation-clause criminal-procedure hearsay-testimony ineffective-assistance-of-counsel ineffective-counsel jurisdiction kidnapping kidnapping-charges sixth-amendment sufficiency-of-evidence | The following questions are exceptional circumstances that warrants the exercise of the court's discretionafcyvpowers and adequate relief cannot be ob… |
| 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… |
| 22-7085 | Rodolfo Godinez v. Steven Johnson, Administrator, New Jersey State Prison, et al. | Third Circuit | 2023-03-24 | Denied | Response WaivedIFP | criminal-procedure-miranda due-process fair-trial gang-evidence gang-expert-testimony ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence media-exposure miranda-rights sixth-amendment | 1. Whether the Appellant's Pre-Miranda Statements was obtained in violation of Miranda v. Arizona., 384 U.S. 436 (1966)? 2. Whether the prosecutor's … |
| 22-7067 | Thomas Powers v. Greg Donathan | Seventh Circuit | 2023-03-23 | Dismissed | IFP | civil-commitment civil-rights constitutional-rights due-process illinois-sexual-violent-persons-act involuntary-detention sixth-amendment speedy-trial | WHETHER THE PETITIONER IS ENTITLED TO RELEASE FROM INVOLUNITARY DETENTION FROM THE CARE,CUSTODY AND TREATMENT OF THE ILLINOIS DEPARTMENT OF HUMAN SE… |
| 22-7075 | Dennis Morgan Hicks v. Alabama | Alabama | 2023-03-22 | Denied | IFP | child-witnesses confrontation-clause crawford-v-washington criminal-defendant hearsay prior-statements sixth-amendment testimonial-statements witness-testimony | 1. Whether a criminal defendant is deprived of his Sixth Amendment right to confront witnesses against him, as set forth in Crawford v. Washington and… |
| 22-7065 | Ahmed Abu Khatallah v. United States | District of Columbia | 2023-03-22 | Denied | IFP | acquitted-conduct constitutional-rights criminal-law criminal-statute due-process extraterritorial-application extraterritorial-jurisdiction sentencing sentencing-enhancement sixth-amendment statutory-interpretation | i. Does 18 U.S.C. § 924(c) apply extraterritorially? ii. Do the Fifth and Sixth Amendments prohibit a court from basing a criminal defendant's senten… |
| 22-7046 | Valdamir Fred Morelos v. California | California | 2023-03-21 | Dismissed | IFP | autonomy-right capital-defendant capital-defendants counsel-consent due-process guilty-plea mccoy-v-louisiana penal-code penal-code-section-1018 right-to-autonomy sixth-amendment | Does California's Penal Code Section 1018, which bars a capital defendant from pleading guilty without the consent of his counsel, violate capital def… |
| 22-7025 | Kevin Ariel Garcia-Archaga v. United States | Fifth Circuit | 2023-03-17 | Denied | IFP | almendarez-torres apprendi-v-new-jersey constitutional-interpretation criminal-procedure historical-practices notice-clause prior-conviction-exception sixth-amendment | Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 22-7033 | DeAndre Forrest v. United States | Sixth Circuit | 2023-03-17 | Denied | Response WaivedIFP | appellate-procedure certificate-of-appealability constitutional-rights criminal-procedure criminal-trial due-process habeas-corpus ineffective-assistance-of-counsel sixth-amendment | 1. Whether Forrest's Sixth Amendment was violated when his counsel conceeded his guilt during trial? 2. Whether the Sixth Circuit Court of Appeals Er… |
| 22-899 | Jason Smith v. Arizona | Arizona | 2023-03-16 | Judgment Issued | Amici (10)Response RequestedResponse WaivedRelisted (2) | 6th-amendment confrontation-clause criminal-procedure criminal-trial expert-testimony forensic-analysis sixth-amendment subpoena testimonial-evidence | Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute expert convey… |
| 22-885 | South Carolina v. Angela D. Brewer | South Carolina | 2023-03-15 | Denied | confrontation-clause crawford-v-washington criminal-procedure expert-testimony forensic-evidence forensic-pathology melendez-diaz-v-massachusetts ohio-v-clark sixth-amendment testimonial-evidence testimonial-statements | Whether lab results requested not by law enforcement but by a forensic pathologist to assist in making a routine cause of death determination are test… | |
| 22-7022 | LeAnthony T. Winston v. United States District Court for the Eastern District of Virginia | Fourth Circuit | 2023-03-15 | Denied | Response WaivedIFP | 6th-amendment civil-rights constitutional-challenge criminal-procedure due-process prosecutorial-discretion sixth-amendment speedy-trial state-prosecution trial-in-absentia | Question not identified. |
| 22-7012 | Lionel Jericho McCoy v. California | California | 2023-03-15 | Denied | Response WaivedIFP | charging-document common-law common-law-pleading criminal-charging due-process first-degree-murder notice notice-requirements sentencing-enhancement sixth-amendment | Does the 1883 rule set forth in People v. Soto, 63 Cal. 165 (1883) — that facts which expose a defendant to increased punishment need not be charged i… |
| 22-7009 | Davion Smith v. California | California | 2023-03-14 | Denied | Response WaivedIFP | adult-sentence criminal-procedure due-process fourteenth-amendment jury-trial juvenile-adjudication juvenile-delinquent sentencing-enhancement sixth-amendment | I. Does a state violate the Due Process Clause of the Fourteenth Amendment when it denies the right to a jury trial to a juvenile delinquent on the gr… |
| 22-7008 | Heath R. Barker v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2023-03-14 | Denied | Response WaivedIFP | certificate-of-appealability child-sexual-abuse forensic-interview forensic-interviews habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel | 1) Was Petitioner entitled to a certificate of appealability (COA) on his claim that he received ineffective assistance of counsel under the Sixth Ame… |
| 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'… |
| 22-6990 | 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… |
| 22-875 | Michael Meyers v. David Gomez, Warden | Seventh Circuit | 2023-03-13 | Denied | Response Waived | circuit-split habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strategic-rationale strickland-standard strickland-v-washington | When faced with a Sixth Amendment claim for ineffective assistance of counsel, a court must determine whether counsel's performance "fell below an obj… |
| 22-6986 | Paulo Bernal-Ceto v. United States | Fifth Circuit | 2023-03-10 | Denied | IFP | case-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent recidivism sentencing Sixth-Amendment supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6969 | Christopher Ashley Shetskie v. Colorado | Colorado | 2023-03-08 | Denied | IFP | criminal-law due-process fourteenth-amendment mens-rea mental-state murder murder-statute sixth-amendment | Question I: Whether the Sixth Amendment ' jury-trial guarantee, taken together with the Fourteenth Amendments ' right to due process require that the … |
| 22-6958 | Thomas Powers v. David Doll, et al. | Illinois | 2023-03-08 | Dismissed | IFP | civil-commitment civil-detainee civil-rights due-process illinois-supreme-court legal-malpractice sexual-violent-person-act sixth-amendment speedy-trial | WHETHER PETITIONER THOMAS POWERS WHO HAS BEEN PENDING A CIVIL DETAINEE SINCE JUNE 26,2012 PENDING A CIVIL COMMITMENT HEARING IS INNOCENT UNTIL PROVEN … |
| 22-850 | Jacqueline Graham v. United States | Second Circuit | 2023-03-08 | Denied | Response Waived | effective-assistance-of-counsel party-presentation-rule plea-bargaining sixth-amendment united-states-v-sineneng-smith waiver | 1. Whether a defendant waives her Sixth Amendment claim by not asking the trial court to reinstate a plea offer that expired before her counsel convey… |
| 22-855 | Keith Raniere v. United States | Second Circuit | 2023-03-08 | Denied | Response Waived | cross-examination due-process harmlessness harmlessness-standard judicial-intervention jury-instructions prosecutorial-misconduct sixth-amendment witness-testimony | Because it impacts upon the very structure of the trial, should a finding of absolute harmlessness, rather than harmlessness beyond a reasonable doubt… |
| 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… |
| 22-6940 | Leon Little v. United States | Third Circuit | 2023-03-06 | Denied | Response WaivedRelisted (9)IFP | criminal-sentencing due-process fifth-amendment jury-trial preponderance-of-evidence sixth-amendment uncharged-conduct | I. Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentencing on uncharged conduct which was never … |
| 22-844 | Hamid Akhavan and Ruben Weigand v. United States | Second Circuit | 2023-03-06 | Denied | confrontation-clause criminal-procedure cross-examination exceptional-circumstances remote-testimony sixth-amendment trial-procedure | Whether the Confrontation Clause of the Sixth Amendment is violated by denying a criminal defendant the right to cross-examine a key prosecution witne… | |
| 22-841 | Christopher H. West v. Robert May, Warden, et al. | Third Circuit | 2023-03-03 | Denied | Response Waived | 6th-amendment constitutional-rights cronic-standard due-process habeas-corpus ineffective-assistance sandin-v-conner sixth-amendment strickland-v-washington trial-counsel | 1. In denying petitioner's habeas certificate of appealability, where the 3d Circuit's review of the record entirely overlooked that the facts in tria… |
| 22-6925 | Gregory Allen Cook v. United States | Sixth Circuit | 2023-03-03 | Denied | Response WaivedIFP | armed-career-criminal-act criminal-procedure due-process indictment jury-factfinding sentencing-enhancement sentencing-enhancements sixth-amendment | May a district court judge properly find, by a preponderance of the evidence, the uncharged, non-elemental fact that a person committed three prior of… |
| 22-6913 | In Re Robert B. Read, Jr. | 2023-03-02 | Denied | IFP | constitutional-law criminal-procedure ex-post-facto habeas-corpus rules-of-evidence sixth-amendment speedy-trial subject-matter-jurisdiction | 1) Did the United States Constitution allow the trial court implied subject-matter jurisdiction to try Petitioner for the indicted Felony One Offense?… | |
| 22-6903 | William Landry, Jr. v. Oklahoma | Oklahoma | 2023-03-02 | Denied | IFP | constitutional-interpretation constitutional-rights due-process faretta-v-california fourteenth-amendment indigent-defense sixth-amendment speedy-trial state-constitution statutory-interpretation | "The Petitioner respectfully ask '* When the [Fjramers of the Oklahoma State Constitution, created and enacted Article I. £ 3. [Unappropriatedpublic l… |
| 22-6874 | Anael Sainfil v. United States | Second Circuit | 2023-02-28 | Denied | Response WaivedIFP | body-armor-enhancement due-process effective-assistance-of-counsel insufficient-evidence jackson-v-virginia miranda-rights miranda-v-arizona sixth-amendment | 1. May this Court's decision in 99, S. Ct. 2781, 61 LED 2d 560 443 U.S. 3079 Jackson v. Virginia as to what constitutes insufficient evidence be app… |
| 22-6873 | Jesus Ivan Dominguez v. United States | Fifth Circuit | 2023-02-27 | Denied | IFP | Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing Sixth-Amendment supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6868 | Billy Leon Kearse v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2023-02-27 | Denied | IFP | counsel-performance due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel reasonable-strategy sixth-amendment strickland-standard strickland-v-washington | Whether the Eleventh Circuit's analysis of ineffective assistance of counsel claims fails to protect the Sixth Amendment right to effective assistance… |
| 22-6867 | Rickie Markiece Atkinson v. United States | Fourth Circuit | 2023-02-27 | Denied | Response WaivedIFP | armed-career-criminal-act breaking-and-entering burglary categorical-approach constitutional-interpretation fourth-amendment sixth-amendment violent-felony | L. Whether North Carolina breaking or entering is categorically broader than generic burglary and cannot be a violent felony under the Armed Career Cr… |
| 22-6858 | In Re Zumar H. Dubose | 2023-02-24 | Denied | IFP | constitutional-law criminal-procedure due-process grand-jury indictment jury-selection personal-jurisdiction sixth-amendment subject-matter-jurisdiction trial-rights | Question not identified. | |
| 22-6851 | David Freeman v. John Q. Hamm, Commissioner, Alabama Department of Corrections | Eleventh Circuit | 2023-02-23 | Denied | IFP | 28-usc-2254d appellate-procedure due-process federal-habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel party-presentation sixth-amendment state-post-conviction | (1) Under these circumstances, does a court of appeals violate the fundamental principles of party presentation and Petitioner's due process rights? … |
| 22-6828 | Luis Espinoza v. Tammy Foss, Warden | Ninth Circuit | 2023-02-22 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment confrontation-clause criminal-procedure due-process fourteenth-amendment jury-instructions prosecutorial-misconduct sixth-amendment witness-testimony | Were Mr. Espinoza's Sixth and Fourteenth Amendment rights violated by: (1) the jury's viewing a witness's refusal to testify; (2) the prosecutor askin… |
| 22-6816 | Montray Lorenzo Cato v. United States | Fifth Circuit | 2023-02-21 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 22-6821 | James Mammone v. Charlotte Jenkins, Warden | Sixth Circuit | 2023-02-21 | Denied | IFP | change-of-venue fair-trial habeas-corpus prejudice-presumption presumption-of-prejudice pretrial-publicity rideau-v-louisiana sixth-amendment | In determining whether to presume prejudice under Rideau and Skilling, are courts permitted to consider (1) the defendant's role in creating the pretr… |
| 22-6826 | Marcos Juan Martin-Andres v. United States | Fifth Circuit | 2023-02-21 | Denied | IFP | case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-review recidivism sentencing Sixth-Amendment supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-785 | Theryn Jones v. United States | Second Circuit | 2023-02-21 | Denied | Amici (1)Relisted (2) | circuit-split criminal-procedure due-process fifth-amendment immunity self-incrimination sixth-amendment witness witness-immunity | When, if ever, the Due Process Clause of the Fifth Amendment requires vacatur of a criminal conviction based on the government's refusal to seek immun… |
| 22-6815 | David E. Merry v. United States | Eleventh Circuit | 2023-02-17 | Denied | Relisted (7)IFP | acquitted-conduct constitutional-rights criminal-procedure criminal-sentencing due-process fifth-amendment jury-trial sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing (enhancing) a criminal defendant's sentence on conduct for which a jury ha… |
| 22-6800 | Ronald Lee Sorenson v. Washington | Washington | 2023-02-16 | Denied | IFP | constitutional-rights due-process jurisdiction mathews-factors reasonable-doubt sixth-amendment structural-error structural-error-doctrine venue | 1. Where the First of the Four Total Specific Alleged Acts presented by the prosecution in its Evidence in support of the Four Total Counts Charged ag… |
| 22-6794 | Anthony Suggs v. Tim McConahay, Warden | Sixth Circuit | 2023-02-15 | Denied | Response WaivedIFP | civil-rights constitutional-rights criminal-procedure due-process evidence-sufficiency habeas-corpus legal-jurisdiction sentencing sixth-amendment standing | WHY IS MR. OBEGS BEEN DENIES RELIEF ENENMIOUGH THE CONVICTIONS FOR KIESARRIN® BE NOT HAVE HE ESSENTIAL ELEMENTS TO SO?PORE 17 ¢ FIND ATERSON GOUTY BEF… |
| 22-6791 | Jerome Simmons v. United States | Eleventh Circuit | 2023-02-15 | Denied | Response WaivedIFP | 18-usc-924(c) crime-of-violence criminal-conspiracy elements-clause fifth-amendment hobbs-act hobbs-act-robbery sentencing-enhancement sentencing-enhancements sixth-amendment vagueness-doctrine | Whether a sentence predicated upon a finding that Hobbs Act robbery is a crime of violence under the elements clause in 18 U.S.C § 924 (c) violates th… |
| 22-6781 | Samuel Adkins v. Texas | Texas | 2023-02-14 | Denied | IFP | attorney-client-relationship criminal-trial effective-assistance-of-counsel habeas-corpus ineffective-assistance pre-trial-proceedings sexual-abuse sixth-amendment trial | Did the state court err when it held that Petitioner's Sixth Amendment right to the Effective assistance of counsel was not violated where Petitioner … |
| 22-6779 | Jong Sung Kim v. United States | Eleventh Circuit | 2023-02-14 | Denied | Response WaivedIFP | brady-rule brady-violation de-novo-review due-process fifth-amendment giglio-rule giglio-violation sixth-amendment standard-of-review | I) Whether due process and the Fi fth and Sixth Amendments require circuit courts to review Brady and Giglio violation claims de novo , rather than fo… |
| 22-6753 | Andrew Mark Lamar v. Colorado | Colorado | 2023-02-10 | Denied | IFP | constitutional-rights double-jeopardy due-process fair-trial fourteenth-amendment juror-misconduct mistrial sixth-amendment | On direct-collateral review: WHETHER PETITIONER'S RIGHT TO A FAIR AND IMPARTIAL TRIAL WAS VIOLATED DUE TO JUROR MISCONDUCT. U.S. CONST. AMENDS. VI, XI… |
| 22-6750 | Pascual Agustin-Basilio v. United States | Fifth Circuit | 2023-02-10 | Denied | Response WaivedIFP | case-review criminal-procedure due-process fifth-circuit judicial-precedent legal-procedure sentencing sixth-amendment stare-decisis supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-749 | Andre Dow v. Nevada | Nevada | 2023-02-09 | Denied | 6th-amendment attorney-client-privilege counsel-of-choice due-process fair-trial first-amendment prejudice sixth-amendment us-v-gonzalez-lopez | 1. Whether Mr. Dow's Sixth Amendment right to counsel of choice was violated and prejudice should have been presumed by the lower court in light of th… | |
| 22-6736 | Justin D. Martin v. United States | Sixth Circuit | 2023-02-09 | Denied | Relisted (8)IFP | acquittal criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment judicial-discretion jury-acquittal jury-trial sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 22-6733 | In Re John B. Myles | 2023-02-08 | Denied | IFP | abuse-of-discretion appellate-review arrest-warrant due-process evidence evidence-exclusion ineffective-assistance-of-counsel judicial-discretion prosecutorial-misconduct sixth-amendment | Question not identified. | |
| 22-6721 | Jeffery T. Crystal v. Florida | Florida | 2023-02-07 | Denied | IFP | constitutional-rights criminal-charges criminal-procedure double-jeopardy due-process ex-post-facto jury-determination jury-trial sixth-amendment supremacy-clause trial-procedure verdict-form | Did the "verdict form " agreed upon by the jury failure to specify I. "GUILTY " as to Count 1 violate 6th Amendment right to a jury determination of G… |
| 22-6680 | Michael Stapleton v. United States | Eleventh Circuit | 2023-02-01 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | aiding-and-abetting alien-smuggling circuit-split defective-indictment due-process effective-assistance-of-counsel jurisdiction pro-se-rights sixth-amendment | No: 1 )Was the Court of Appeals wrong for failing to dismiss the defective indictment that created a split in circuits where the the Fifth and Ninth… |
| 22-6670 | Jimmy Ray Lacy, Jr. v. Chandler Cheeks | Sixth Circuit | 2023-02-01 | Denied | Response WaivedIFP | brady-v-maryland brady-violation due-process effective-assistance-of-counsel fair-trial fourteenth-amendment jailhouse-informant prosecutorial-misconduct sixth-amendment | 1. Was Jimmy Ray Lacy Jr. denied a fair trial under the fourteenth amendment when a key state witness misled the jury as to the benefits received an… |
| 22-6662 | Wesley Ruiz v. Texas | Texas | 2023-01-31 | Denied | IFP | constitutional-rights death-penalty due-process equal-protection juror-misconduct jury-selection racial-bias sixth-amendment | Does Peria-Rodriguez apply to Petitioner's evidence that at least one juror relied on anti-Hispanic racial stereotypes and animus to find that he was … |
| 22-6645 | Kimberlee Szewczyk v. Florida | Florida | 2023-01-27 | Denied | Response WaivedIFP | constitutional-rights due-process fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington | Does the standard for assessing ineffective assistance of counsel claims, announced in Strickland v. Washington, fail to protect the Sixth Amendment r… |
| 22-6651 | Michael Vanous v. United States | Fifth Circuit | 2023-01-27 | Denied | Response WaivedIFP | criminal-procedure guidelines ineffective-assistance judicial-discretion jury pretrial-proceedings sentencing sentencing-guidelines sixth-amendment | Question 1: Was defense counsel ineffective in the pretrial proceedings? Question 2: Was it a violation of the Sixth Amendment to sentence outside th… |
| 22-6654 | Roland Cummings v. Maine | Maine | 2023-01-27 | Denied | Response WaivedIFP | due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel post-conviction-review prejudice sixth-amendment sua-sponte | Where a post-conviction review of a murder trial leading to a sentence of life imprisonment finds that there was ineffective assistance of counsel but… |
| 22-6642 | Leihinahina Sullivan v. Federal Bureau of Prisons, et al. | Ninth Circuit | 2023-01-26 | Dismissed | Response WaivedIFP | criminal-procedure due-process fair-trial jury-selection public-trial sixth-amendment | Question not identified. |
| 22-6613 | Robert Nathaniel Brown v. Florida | Florida | 2023-01-24 | Denied | IFP | criminal-procedure due-process federal-habeas-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief sixth-amendment standard-of-review state-court-decisions Strickland-v-Washington | Whether the state appel late court in this case misappl ied thi s Court's holding in Harrington v. Richter , 562 U .S. 86 (2011). |
| 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… |
| 22-6568 | Duraid Hussein v. United States | Ninth Circuit | 2023-01-19 | Denied | Response WaivedIFP | apprendi-v-new-jersey circuit-precedent criminal-law criminal-procedure due-process equal-protection procedural-due-process rehaif-v-united-states sixth-amendment stare-decisis statutory-interpretation | 1. In Rehaif v. United States , 139 S. Ct. 2191 (2019), this Court clarified that the word knowingly under 18 U.S.C. § 922(g) applies to both defendan… |
| 22-6576 | Phillip Tarver v. Keisha Fisher, Administrator, South Woods State Prison, et al. | Third Circuit | 2023-01-19 | Denied | IFP | civil-rights constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process fourteenth-amendment sixth-amendment trial-by-jury | UNDER THE FIFTH, SIXTH AND FOURTEENTH AMENDMENTS WAS THE PETITIONER DEPRIVED OF HIS DUE PROCESS RIGHT TO TRIAL BY JURY AND HIS RIGHT NOT TO BE PUT IN … |
| 22-6561 | Telly Hankton v. United States | Fifth Circuit | 2023-01-18 | Denied | Response WaivedIFP | confrontation-clause conspiracy-liability criminal-procedure federal-circuit-courts forfeiture-by-wrongdoing sixth-amendment standard-of-proof testimonial-statements | By what standard of proof does the Sixth Amendment permit the admission at trial of prior testimonial statements under the forfeiture by wrongdoing ex… |
| 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… |
| 22-6566 | Rodney R. Ellis v. Florida | Florida | 2023-01-18 | Denied | Response WaivedIFP | apprendi-doctrine apprendi-v-new-jersey criminal-procedure jury-clause jury-trial prior-record-exception sentencing sentencing-enhancement sixth-amendment | Whether a sentencing court violates the Sixth Amendment's Jury Clause when the sentencing court —rather than the jury —finds that the defendant commit… |
| 22-658 | Victor Gates v. United States | Third Circuit | 2023-01-18 | Denied | Response Waived | certificate-of-appealability due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment | 1) Did the United States Court of Appeals for the Third Circuit abuse its discretion and commit an error of law in not issuing a Certificate of Appeal… |
| 22-6538 | Tremane Wood v. Oklahoma | Oklahoma | 2023-01-17 | Denied | IFP | capital-successor-statute collateral-review due-process eighth-amendment federal-constitutional-claims fourteenth-amendment newly-discovered-evidence postconviction-review sixth-amendment state-prisoners successor-postconviction | 1. When states open their postconviction forums to federal claims raised in a successor posture based on newly-discovered evidence, do they have to ad… |
| 22-6546 | Arty Marcel v. Tim Hooper, Warden | Fifth Circuit | 2023-01-17 | Denied | Response WaivedIFP | burden-of-proof constitutional-error fair-trial improper-amendment-of-bill-of-information ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense other-crimes-evidence reasonable-doubt sixth-amendment strickland-v-washington | 1. Reasonable jurists would determine that Mr. Marcel was denied his right to a fair and impartial trial when the Court erred in allowing other crimes… |
| 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… |
| 22-6503 | Patrick Emeka Ifediba v. United States | Eleventh Circuit | 2023-01-10 | Denied | Response RequestedRelisted (2)IFP | controlled-substances criminal-procedure due-process fifth-amendment intent medical-intent medical-practice sentencing sixth-amendment | 1.) Was Petitioner denied his rights under Ruan v. United States, 142 S. Ct. 2370, 213 L. Ed. 2d 706 (6-27-22) which was decided after briefing in Pet… |
| 22-6483 | Eli Sloan v. United States | Ninth Circuit | 2023-01-09 | Denied | Response WaivedRelisted (2)IFP | civil-rights constitutional-rights criminal-procedure impartial-jury jury-selection prejudicial sixth-amendment trial-procedure voir-dire | 1. Whether the voir dire selection was partial or prejudicial in violation of Petitioner. Eli Sloan's Sixth Amendment right to an impartial jury. |
| 22-6498 | Joseph T. Shine-Johnson v. David W. Gray, Warden | Sixth Circuit | 2023-01-09 | Denied | Response WaivedRelisted (2)IFP | agency counsel-appointment discretionary-review due-process federal-appellate-review habeas-corpus indigent-counsel sixth-amendment state-government | 1. Whether due process extends to the State government opting to assign an indigent petitioner appointed counsel on discretionary Review and if due pr… |
| 22-6471 | Kyle Maurice Parks v. United States | Eighth Circuit | 2023-01-06 | Denied | Response WaivedIFP | civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment statutory-interpretation | (1) Whether Mr. PARKS improperly WAS DENIED A REVIEW IN EFFECTIVE ASSISTANCE of COUNSEL AND PROSECUTORIAL MISCONDUCT 24p District Court UNDER. J 28 U.… |
| 22-6472 | Vincent Paul Melendrez v. Jason Bennett, Superintendent, Stafford Creek Corrections Center | Ninth Circuit | 2023-01-06 | Denied | Response WaivedIFP | confrontation confrontation-clause constitutional-rights criminal-defendant criminal-procedure defense due-process fifth-amendment self-incrimination sixth-amendment | 1. Where the Trial Court's Ruling Compelling the Election of Rights had required a criminal Defendant to waive his Fifth Amendment Constitutional Ri… |
| 22-6475 | Nohe Dominguez-Morales v. United States | Fifth Circuit | 2023-01-06 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | almendarez-torres apprendi apprendi-v-new-jersey criminal-procedure historical-practices notice-clause prior-conviction-exception prior-convictions sixth-amendment | Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 22-6462 | Jerome K. Ta'afulisia v. Washington | Washington | 2023-01-05 | Denied | Response WaivedIFP | confrontation-clause crawford-v-washington evidence-creation law-enforcement-solicitation michigan-v-bryant ohio-v-clark police-investigation primary-purpose-test sixth-amendment testimonial-statement | Is a statement testimonial for purposes of the Confrontation Clause of the Sixth Amendment when the speaker talks with a trusted family member who is … |
| 22-6443 | Daquan Madrid Pridgen v. United States | Fourth Circuit | 2023-01-04 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process rule-of-lenity sentencing sentencing-guidelines sixth-amendment statutory-interpretation structural-error | I. WHETHER THE DISTRICT COURT COMMITTED STRUCTURAL ERROR BY FINDING THAT THE SENTENCE FOR A VIOLATION OF 18 U.S.C. § 2113(e) SHOULD BE 10 YEARS TO LIF… |
| 22-6445 | Juan Villa Ramirez v. California | California | 2023-01-04 | Denied | IFP | aggravating-circumstances constitutional-rights death-penalty fifth-amendment fourteenth-amendment jury-finding ring-v-arizona sixth-amendment | Does California's death penalty scheme, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt the ex… |
| 22-6460 | Davonte DeJean v. United States | Fifth Circuit | 2023-01-04 | Denied | Response WaivedRelisted (2)IFP | 6th-amendment constitutional-rights court-responsibility criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel jury-trial right-to-jury-trial sentencing sixth-amendment | Was counsel ineffective for not enforcing the 6th Amendment right to a jury trial in the sentencing proceeding and is the court also responsible? Was… |
| 22-607 | Noah Nagy, Warden v. Jimmy Baugh | Sixth Circuit | 2023-01-03 | Denied | Response RequestedResponse WaivedRelisted (2) | actual-innocence constitutional-error criminal-procedure federal-review habeas-corpus new-evidence sixth-amendment standard-of-review statutory-interpretation | Did the Sixth Circuit misapprehend § 2244(b)(2)(B)(ii)'s standard by granting habeas relief to Jimmy Baugh when the newly discovered evidence at issue… |
| 22-6438 | Tommiel Q. Claiborne, aka Tommie Lee Claiborne, Jr., aka Tommie L. Claiborne v. Mississippi | Mississippi | 2023-01-03 | Denied | IFP | confrontation constitutional-rights court-appointed-counsel criminal-procedure criminal-proceeding due-process ineffective-assistance-of-counsel jury-selection legal-assistance peremptory-challenges sixth-amendment | Ineffective Assistance of Counsel for [PETITIONER] to challenge, due process, and right to effective assistance of counsel which is a violation of the… |
| 22-6413 | Rajul Ruhbayan v. Rebecca Beach Smith, Judge, United States District Court for the Eastern District of Virginia, et al. | Fourth Circuit | 2022-12-30 | Denied | Response WaivedIFP | christopher-v-harbury civil-rights constitutional-rights due-process fifth-amendment fourth-circuit jury-trial sentencing-finality sixth-amendment supervisory-powers | 1. Whether this Supreme Court or Solicitor General should invoke its supervisory powers to deter the illegal acts of and implement a remedy for the Fo… |
| 22-6424 | Trevis Thompson v. Illinois | Illinois | 2022-12-30 | Denied | Response WaivedIFP | criminal-conviction criminal-defendant deliberation-misconduct external-information federal-rule-of-evidence-606(b) harmless-error jury-bias post-conviction-proceeding sixth-amendment unbiased-jury | In a post-conviction proceeding challenging a criminal conviction, two jurors testified that one or more jurors had made statements, during deliberati… |
| 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… |
| 22-6433 | Ricky Escobedo v. United States | Fifth Circuit | 2022-12-30 | Denied | Response WaivedIFP | attorney-client-privilege conflict-of-interest fifth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment | Ovtrogeovs Govecoment Mistoclutt where the goverocreat intrusion Of the alfoccey-Client pcvilaye violated Rotitioness "Ft Aroendnent acc Sixth Amnende… |
| 22-6434 | Elvis Harold Reyes v. United States | Eleventh Circuit | 2022-12-30 | Denied | Response WaivedIFP | apprendi-rule apprendi-v-new-jersey blakely-v-washington criminal-restitution fifth-amendment jury-determination restitution sentencing-fact sixth-amendment southern-union-co-v-united-states | Whether the Sixth and Fifth Amendments are violated by the imposition of restitution based on the sentencing judge's determination of a fact (other th… |
| 22-6435 | Willie Tyrone Shipley v. D. Holbrook | Ninth Circuit | 2022-12-30 | Denied | Response WaivedIFP | civil-rights confrontation constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence fourteenth-amendment prosecutorial-discretion sixth-amendment witness-testimony | 1.) Is a defendant deprived of his right to Confrontation and due Process within the meaning of the Sixth, and Fourteenth Amendments Whea the District… |
| 22-6436 | Timothy D. Robertson v. Illinois | Illinois | 2022-12-30 | Denied | IFP | due-process effective-assistance-of-counsel post-conviction-petition prior-conviction reversal sentencing sentencing-error sixth-amendment | 1). Did Petitioner Robertson Establish and Show "Cause" for filing a Successive Post Conviction Petition by Advancing an Overwhelmingly Substantial "M… |
| 22-6401 | William Clyde Culberson, Jr. v. Texas | Texas | 2022-12-28 | Denied | IFP | 6th-amendment confrontation-clause crawford-vs-washington criminal-procedure due-process evidence evidence-law medical-records sixth-amendment testimonial-evidence | IS MEDICAL RECORDS CONSIDERED AS CONFRONTATION CLAUSE COVERED UNDER CRAWFORD VS. WASHINGTONA. |
| 22-6403 | Marco D. Martin v. Fredeane Artis, Acting Warden | Sixth Circuit | 2022-12-28 | Denied | Response WaivedIFP | due-process effective-assistance-of-counsel electronic-monitoring ex-post-facto lifetime-electronic-monitoring plea-bargaining plea-offer sixth-amendment | Whether the trial court denied Petitioner his Fifth, Sixth, and Fourteenth Amendment rights, where the state injected issues broader than the Petition… |
| 22-6407 | Steven L. Haden v. California | California | 2022-12-28 | Denied | IFP | categorical-approach criminal-sentencing descamps-v-united-states elements-test mathis-v-united-states prior-conviction prior-conviction-enhancement retroactivity sixth-amendment teague-doctrine | Are the Sixth Amendment holdings of Descamps v. United States, 570 U.S. 254 (2013) and Mathis v. United States, 579 U.S. 500 (2016) fully retroactive,… |
| 22-587 | Maurice Andrews v. District Attorney of Montgomery County, Pennsylvania, et al. | Third Circuit | 2022-12-27 | Denied | due-process habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions prejudice-standard sixth-amendment structural-error trial-counsel | Whether, in the context of habeas proceedings under 28 U.S.C. § 2254, the failure of trial counsel to object to a jury instruction which does not cont… | |
| 22-6393 | Xavier Milton Earquhart v. United States | Fourth Circuit | 2022-12-27 | Denied | Response WaivedIFP | due-process fair-trial federal-rules-criminal-procedure federal-rules-of-criminal-procedure judicial-review mandate-rule motion-to-dismiss sixth-amendment standing subject-matter-jurisdiction | If subject matter jurisdiction does not affirmatively appear in the record, is the judgement valid? Does the court have an obligation to determine wh… |
| 22-6394 | Van Raymond Brollini v. United States | Ninth Circuit | 2022-12-27 | Denied | Response WaivedIFP | appellate-review conflicting-evidence credibility-of-witnesses evidence-preclusion harmless-error jury-trial sixth-amendment sixth-amendment-jury-trial tax-prosecution willfulness | L. In conducting harmless-error review, an appellate court may not resolve conflicting evidence or assess the credibility of witnesses. Neder v. Unite… |
| 22-6397 | Alex Daniel v. Illinois | Illinois | 2022-12-27 | Denied | Response WaivedIFP | ake-v-oklahoma appointed-counsel britt-v-north-carolina due-process fundamental-fairness griffin-v-illinois indigent-defendant self-representation sixth-amendment | In Farretta v. California, 422 U.S. 806, 833-34 (1975), this Court recognized that the Sixth Amendment of the United States Constitution guarantees cr… |
| 22-6386 | Frank Sanchez v. United States | Eighth Circuit | 2022-12-22 | Denied | Relisted (9)IFP | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment sentencing sixth-amendment | Whether the use of acquitted conduct to determine a defendant's sentence violates the Fifth and Sixth Amendments. |
| 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? |
| 22-6356 | Tyler Nees v. Oregon | Oregon | 2022-12-20 | Denied | Response WaivedIFP | confrontation-clause cross-examination due-process evidence federal-review habeas-corpus hearsay independent-state-ground procedural-default sixth-amendment state-court | Question not identified. |
| 22-6357 | Clifton Raye v. Tim Hooper, Warden | Fifth Circuit | 2022-12-20 | Denied | Response WaivedIFP | 6th-amendment constitutional-law constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel | Was Petitioner's rights under 6th Amendment to the United States Constitution violated when trial counsel was ineffective? Did the State and Federal … |
| 22-6329 | Phosavan Khamnivong v. United States | Ninth Circuit | 2022-12-19 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment bodily-injury due-process fifth-amendment firearm-enhancement jury-trial reasonable-doubt sentencing sentencing-guidelines sixth-amendment | In United States v. Jones, 574 U.S. 948 (2014), three justices urged the Court to grant certiorari to answer the question left open in Rita v. United … |
| 22-6331 | Lance Green v. United States | Third Circuit | 2022-12-19 | Denied | Response WaivedIFP | 6th-amendment 6th-amendment-confrontation confrontation-clause daubert dna-evidence due-process firearm-possession sixth-amendment speedy-trial-act | 1. Should the Supreme Court grant certiorari to consider whether Green's Sixth Amendment right of confrontation was violated by the procedures utilize… |
| 22-6326 | Mark A. White v. United States | Seventh Circuit | 2022-12-16 | Denied | Response WaivedIFP | constitutional-interpretation due-process illegal-detention judicial-error mcmillan-v-pennsylvania sentencing-factors sixth-amendment substantive-due-process | 1. Whether the Justices of the 1986 Supreme Court "deviation " from clearly established law and the original meaning of the Constitution violated the… |
| 22-6308 | Alberto Mendoza-Espinoza v. United States | Fifth Circuit | 2022-12-15 | Denied | Response WaivedIFP | case-review court-of-appeals criminal-procedure due-process judicial-procedure legal-precedent overrule sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6297 | Kevin W. Malone v. Nebraska, et al. | Eighth Circuit | 2022-12-14 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment conflict-of-interest criminal-procedure due-process fourteenth-amendment ineffective-assistance-of-counsel legal-ethics sixth-amendment trial-bias | I. Does the trial counsel's fraudulent behavior and conflict of interest violate the Petitioner's 6" & 14" Amendment right to conflict free counsel? … |
| 22-6300 | Edman Castro-Salazar v. United States | Fifth Circuit | 2022-12-14 | Denied | Response WaivedIFP | almendarez-torres criminal-procedure due-process indictment recidivism recidivism-enhancement sixth-amendment statutory-interpretation statutory-offense | L. Whether the government's failure to allege a prior conviction necessary to support a statutory recidivism enhancement violated Mr. Castro's right "… |
| 22-6261 | Damar D. Ruffin v. United States | Sixth Circuit | 2022-12-08 | Denied | Response WaivedIFP | criminal-procedure due-process jury-trial sentencing sixth-amendment statutory-maximum | This Court has made clear that any fact, other than prior conviction, that increases the statutory range of punishment, must be found by a jury to hav… |
| 22-528 | Gilbert Rodriguez, IV v. Texas | Texas | 2022-12-08 | Denied | criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel miranda-rights sixth-amendment | Whether the 183rd district court for Harris County, Texas erred in denying Petitioner Rodriguez's writ of Habeas Corpus when Petitioner's trial and ap… | |
| 22-530 | Daniel A. Bench v. United States | Armed Forces | 2022-12-08 | Denied | Response Waived | child-witness confrontation confrontation-right court-martial plain-error prosecutorial-misconduct remote-testimony sixth-amendment | Does a prosecutor's in-court lie to secure a witness's testimony constitute misconduct that materially prejudices an accused's Sixth Amendment right t… |
| 22-6240 | Robert Dale Hines v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2022-12-07 | Denied | IFP | civil-rights constitutional-rights criminal-procedure due-process evidence-tampering fourth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-negotiations sixth-amendment trial-counsel | RAC i Z i sm Hou> Co,M.rVy V^ViOo<4 fcsXt5 y. »\y ^0)-^ 1'^ K^vown sl/nce. +ke. ^^-vU gv-txle iAr^-ftc vi +k«s cog^s K>s ^cco^cA re.pre.sovt me_ /A Co… |
| 22-6225 | Jerome Kieffer v. United States | Fifth Circuit | 2022-12-06 | Denied | Response WaivedIFP | constitutional-procedure criminal-law due-process federal-jurisdiction fourth-amendment imprisonment-rights religious-land-use rluipa sixth-amendment statutory-interpretation void-for-vagueness | (1) Does the Unconstitutionally Vague language, Struck down by the Court in 18USC 10), apply to 18USC 722(c)(G)? (2) May a Stipulation Suffice To Con… |
| 22-6228 | Giovanny Sanchez-Juarez v. United States | Fifth Circuit | 2022-12-06 | Denied | Response WaivedIFP | apprendi-v-new-jersey constitutional-law criminal-procedure immigration-law indictment sentencing sentencing-enhancement sixth-amendment statutory-interpretation statutory-maximum | Whether Almendarez-Torres v. United States, 523 U.S. 224 (1998) was wrongly decided, allowing for the provisions of 8 U.S.C. § 1326(b)(1) and (2) deal… |
| 22-6221 | Oscar J. Martinez-Hernandez v. United States | First Circuit | 2022-12-05 | Denied | Response WaivedIFP | conflict-of-interest due-process effective-assistance-of-counsel fifth-amendment prosecutorial-misconduct sixth-amendment | A. WHETHER FORMER PROSECUTOR WHO INSTITUTED THREE INDICTMENTS AGAINST A DEFENDANT AND 12 YEARS LATER DECIDES TO DEFEND HIM UNDER THE SAME THREE INDICT… |
| 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… | |
| 22-6208 | Jason Ross Gilley v. Raymond Madden, Warden | Ninth Circuit | 2022-12-02 | Denied | IFP | 5th-amendment 6th-amendment civil-rights constitutional-violations due-process evidence-standards fair-trial prosecutorial-misconduct reasonable-doubt sixth-amendment | 1. How long will the courts continue to allow the justice system to be abused, especially with such things as fact-trading, DA deals going on unobserv… |
| 22-6212 | Eric Cain v. United States | Sixth Circuit | 2022-12-02 | Denied | Relisted (9)IFP | criminal-procedure double-jeopardy due-process federal-sentencing-guidelines fifth-amendment jury-trial-right sentencing-guidelines sixth-amendment | After a jury acquitted the petitioner of a firearms charge, the district court relied on the same conduct to increase his sentence range under the Fed… |
| 22-6190 | Kevin Patrick Mallory v. United States | Fourth Circuit | 2022-12-01 | Denied | IFP | constitutional-rights court-findings judicial-discretion overriding-interest partial-closure public-trial reasonable-alternatives sixth-amendment waller-standard waller-v-georgia | Whether, before a court may order a "partial closure" restricting the public's ability to see or hear evidence or questioning that is accessible by th… |
| 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… |
| 22-6181 | Willie Speed v. Douglas Fender, Warden | Sixth Circuit | 2022-11-30 | Denied | Response WaivedIFP | attorney-conflict conflict-of-interest criminal-procedure due-process effective-assistance ex-post-facto fourteenth-amendment sixth-amendment | 1. WHETHER AN ATTORNEY'S CONFLICT OF INTEREST DEPRIVED PETITIONER OF HIS RIGHTS UNDER THE SIXTH AND FOURTEENTH AMENDMENTS TO EFFECTIVE ASSISTANCE AND … |
| 22-6160 | Wayland Lynn Dilts v. Mike Brown, Warden | Sixth Circuit | 2022-11-29 | Denied | Response WaivedIFP | aedpa aedpa-standard constitutional-violation courtroom-closure due-process public-trial public-trial-right sixth-amendment sixth-circuit weaver-v-massachusetts witness-testimony | This case involves an unprecedented public-trial violation claim like no other brought before this Court. The record here reflects, that during a jury… |
| 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… |
| 22-491 | 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… |
| 22-6149 | Edgar Arellano v. California | California | 2022-11-23 | Denied | IFP | assistance-of-counsel constitutional-rights criminal-justice-reform effective-assistance-of-counsel fourteenth-amendment mitigating-evidence senate-bill-1333 sentencing sentencing-hearing sixth-amendment | WEATHER A Re - SeuJTEAICIAI^ HEARING^ .UNDER THE MEVJ . .. LaVJ SeMaTE 2mL\_ - 13^3, JbMT.TLES ft DEFENDANT __ The Hi^hT. _io _effective S-ixth — AMD-… |
| 22-6142 | Taj Collier v. Florida Department of Corrections | Eleventh Circuit | 2022-11-22 | Denied | Response WaivedRelisted (2)IFP | aedpa constitutional-rights criminal-appeals criminal-appeals-reform-act fifth-amendment fourteenth-amendment fourth-amendment habeas-corpus ineffective-assistance sixth-amendment strickland-standard | WHETHER THIS COURT SHOULD EXERCISE ITS CERTIORARI JURISDICTION IN ORDER TO REVIEW A CLAIM THAT FLORIDA COURTS OF APPEALS DO NOT PROVIDE FOR EVIDENTIAR… |
| 22-6094 | William Milton v. California | California | 2022-11-18 | Denied | Response WaivedIFP | criminal-sentencing descamps-v-united-states due-process mathis-v-united-states prior-conviction-enhancement retroactivity sixth-amendment supreme-court-precedent | Are the Sixth Amendment holdings of Descamps v. United States, 570 U.S. 254 (2013) and Mathis v. United States, 579 U.S. 500 (2016) fully retroactive,… |
| 22-6091 | Brian J. Dorsey v. David Vandergriff, Warden | Eighth Circuit | 2022-11-17 | Denied | IFP | capital-sentencing certificate-of-appealability evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel law-of-the-case martinez-v-ryan procedural-default sixth-amendment | More than four decades ago, this Court held that it is crucial that the jury be allowed to hear evidence of a defendant's positive adjustment to priso… |
| 22-6051 | Arriba Lewis v. United States | Seventh Circuit | 2022-11-14 | Denied | Response WaivedIFP | 4th-amendment 5th-amendment 6th-amendment career-offender criminal-procedure ineffective-assistance motion-to-suppress racial-profiling selective-enforcement sentencing-enhancement sixth-amendment | QUESTON NUMBER ONE: Petitioner Lewis' ex-lawyer provided him with ineffective assistance of counsel by a Motion to Quash and Suppress and failing to c… |
| 22-6037 | Spencer Jean v. United States | Second Circuit | 2022-11-10 | Denied | Response WaivedIFP | 18-usc-924c 6th-amendment criminal-procedure disclosure-requirements due-process expert-witness fair-trial government-misconduct rule-16-disclosure sixth-amendment | I. This Court should Grant certiorari review, Vacate the lower court's judgment, and Remand the case (GVR) based on the court of appeals error in affi… |
| 22-441 | Rony Galicia v. Maryland | Maryland | 2022-11-10 | Denied | Response Waived | abuse-of-discretion accomplice-confession appellate-review confrontation-clause cross-examination double-murder sixth-amendment standard-of-review | This case presents the following questions: 1. Whether the Sixth Amendment is violated by a trial court's denial of cross-examination into an accompl… |
| 22-431 | Gigi Jordan v. Amy Lamanna, Superintendent, Bedford Hills Correctional Facility | Second Circuit | 2022-11-08 | Dismissed | Response RequestedResponse WaivedRelisted (2) | clearly-established federal-law habeas-corpus public-trial-clause sixth-amendment supreme-court-precedent unreasonable-application | The question presented is whether a federal habeas petitioner seeking relief on the basis of a violation of the Public Trial Clause can demonstrate an… |
| 22-6018 | David L. Hering v. Patti Wachtendorf, Warden | Eighth Circuit | 2022-11-08 | Denied | Response WaivedIFP | adversarial-trial burden-of-proof criminal-defense due-process ineffective-assistance insanity-defense sixth-amendment | When using insanity as a tool in the defense of a criminal defendant who plead not guilty and is strongly asserting their innocence. Does defense coun… |
| 22-6022 | Shimar Jamal Dean Thompkins v. United States | Sixth Circuit | 2022-11-08 | Denied | Response WaivedIFP | circuit-precedent criminal-law criminal-procedure diversionary-disposition due-process federal-charging federal-jurisdiction judicial-interpretation sentencing sentencing-enhancement sixth-amendment statutory-interpretation | Whether a defendant's prior diversionary disposition in a felony case can be considered both an indictment and a conviction for federal charging and s… |
| 22-6009 | David Matthew Carter v. South Carolina | South Carolina | 2022-11-07 | Denied | IFP | civil-procedure confrontation-clause courtroom-removal Crawford-v-Washington criminal-procedure due-process Maryland-v-Craig sixth-amendment trial-rights witness-testimony | Did the trial Court commit reversable error by removing Petitioner from the courtroom and forcing him to watch his trial via closed circuit monitoring… |
| 22-5976 | Ricky Pendleton v. Donnie Ames, Superintendent, Mount Olive Correctional Complex | West Virginia | 2022-11-04 | Dismissed | Response WaivedIFP | constructive-amendment criminal-procedure double-jeopardy fifth-amendment grand-jury ineffective-assistance-of-counsel ineffective-counsel jurisdiction malicious-assault robbery sixth-amendment | Under the Constructive Amendment, any substantial amendment, direct or indirect, of an indictment must be resubmitted to the grand jury. Pendleton new… |
| 22-418 | Gene Deveraux v. Montana | Montana | 2022-11-04 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | automatic-reversal biased-juror constitutional-right for-cause-challenge jury-bias sixth-amendment structural-error trial-court-discretion trial-procedure | Whether a trial court commits structural error, requiring automatic reversal under the Sixth Amendment, when it seats a biased juror after erroneously… |
| 22-421 | D. A.. v. Portage County, Wisconsin | Wisconsin | 2022-11-04 | Denied | Response Waived | 14th-amendment 6th-amendment children-in-need-of-protection civil-rights cross-examination due-process family-law fourteenth-amendment sixth-amendment standing witness-testimony | Whether a natural father is entitled to basic Sixth and Fourteenth Amendment Due Process during Wisconsin Children in Need of Protection or Services p… |
| 22-5973 | Raymond J. Scott v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. | Ninth Circuit | 2022-11-02 | Denied | IFP | constitutional-violation direct-review due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment | 1. Can Ineffectiveness Or Incompetence Of counsel on Direct review Result In a sixth Amendment violation OF THE ARIZONA And United States Constitution… |
| 22-5964 | Shaun Michael Farrington v. United States | Eighth Circuit | 2022-11-01 | Denied | Response WaivedIFP | civil-rights constitutional-rights criminal-procedure due-process impartial-jury implied-bias judicial-discretion jury-impartiality sixth-amendment standing | 1. The circuit courts divide regarding Smith v. Phillips implication of implied bias. This Court should decide whether the Sixth Amendment right to an… |
| 22-5936 | Demetrius Troy Bradley v. Michigan | Michigan | 2022-10-31 | Denied | IFP | acquitted-conduct constitutional-law criminal-procedure due-process fourteenth-amendment jury-trial jury-trial-rights sentencing sentencing-discretion sixth-amendment | 1. Do the jury-trial and due process guarantees of the Sixth and Fourteenth Amendments prohibit judges from considering, at sentencing in a criminal c… |
| 22-5931 | Anthony Michael D'Amico v. United States | Eleventh Circuit | 2022-10-28 | Denied | Response WaivedIFP | arrest criminal-procedure due-process fair-trial juror juror-observation sixth-amendment witness witness-arrest | Whether a person's Sixth Amendment right to a fair trial is violated when a juror witnesses a critical defense witness arrested outside the courtroom … |
| 22-5941 | Albert L. Watson v. Stu Sherman, Warden, et al. | Ninth Circuit | 2022-10-28 | Denied | IFP | constitutional-provisions criminal-procedure due-process en-banc-hearing ninth-circuit penal-code procedural-rules reasoned-opinion sixth-amendment state-law state-penal-code | I. WAS THE DISTRICT COURT'S USE OF STATE PENAL CODE JUSTIFYING VIOLATION OF SIX AMENDMENT A CORRECT APPLICATION OF STATE LAW ? II. WAS THE NINTH CI… |
| 22-5942 | David G. Wiggins v. Mark Brnovich, Attorney General of Arizona, et al. | Ninth Circuit | 2022-10-28 | Denied | Response WaivedIFP | certificate-of-appealability constitutional-law constitutional-rights criminal-law due-process felony-murder fourteenth-amendment sixth-amendment statutory-interpretation | As reasonable jurors would have disagreed that the Felony Murder Statute as applied to this Petitioner is unconstitutional, denying this Petitioner hi… |
| 22-5926 | Charles Chitat Ng v. California | California | 2022-10-27 | Denied | IFP | confrontation-clause due-process extradition-hearing fifth-amendment fourteenth-amendment self-representation sixth-amendment stun-belt | I. WAS PETITIONER DEPRIVED OF DUE PROCESS AND HIS RIGHT OF SELF REPRESENTATION UNDER THE FIFTH, SIXTH, AND FOURTEENTH AMENDMENTS BY THE TRIAL COURT'S … |
| 22-5927 | Jonathan Lee Oliver v. United States | Ninth Circuit | 2022-10-27 | Denied | Response WaivedIFP | due-process fifth-amendment judicial-procedure jury-trial non-jury-proceeding preponderance-of-evidence sixth-amendment supervised-release | Did the district court's unindicted, non-jury, preponderance of the evidence fact-finding that Mr. Oliver committed a new federal offense to conclude … |
| 22-5908 | Giles McGhee v. Darrel Vannoy, Warden | Fifth Circuit | 2022-10-26 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment fourteenth-amendment in-re-winship ineffective-assistance jackson-v-virginia reasonable-doubt sixth-amendment | 1. Reasonable jurists would determine that Mr. McGhee was denied his right to Due Process of Law under the Fifth, Sixth and Fourteenth Amendments to t… |
| 22-5920 | Jesse Brewer v. United States | Third Circuit | 2022-10-26 | Denied | Response WaivedIFP | civil-liberties civil-rights constitutional-rights due-process immigration judicial-review legal-procedure plea-bargaining sentencing sixth-amendment statutory-interpretation | Question not identified. |
| 22-5909 | Timmy Doucet v. Tim Hooper, Warden | Fifth Circuit | 2022-10-25 | Denied | Response WaivedIFP | brady-material criminal-procedure due-process expert-testimony fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia reasonable-doubt sixth-amendment | 1. Reasonable jurists would determine that the evidence presented during trial was insufficient to convict Doucet of Aggravated Rape beyond a reasonab… |
| 22-5893 | Christopher Tavaris Dean v. Florida | Florida | 2022-10-24 | Denied | Response WaivedIFP | apprendi-exception apprendi-v-new-jersey criminal-procedure criminal-sentencing jury-clause prior-record-exception prison-releasee-reoffender sentencing-enhancement sixth-amendment state-prison | Florida enhances the sentences for certain offenses —making the statutory maximum sentence also the statutory minimum sentence —if the defendant is a … |
| 22-377 | Steven Elmer Hinds v. Texas | Texas | 2022-10-24 | Denied | Relisted (2) | 4th-amendment 5th-amendment 6th-amendment constitutional-amendments due-process equal-protection fifth-amendment fourth-amendment policing-for-profit sixth-amendment | This Court has repeatedly admonished and corrected lower courts ' disregard of constitutionally-secured rights with many decisions: the 5th and 14th A… |
| 22-378 | Steven Elmer Hinds v. Texas | Texas | 2022-10-24 | Denied | Relisted (2) | 4th-amendment 6th-amendment civil-rights constitutional-violations due-process equal-protection fourth-amendment policing-for-profit sixth-amendment state-prosecution | This Court has repeatedly admonished lower courts ' disregard of constitutionally-secured rights with many decisions in favor of the 5th and 14th Amen… |
| 22-5882 | Allen Calligan v. Frank Vanihel, Warden | Seventh Circuit | 2022-10-21 | Denied | Response WaivedIFP | criminal-procedure habitual-offender ineffective-assistance ineffective-assistance-of-counsel informal-plea-offer plea-bargaining prejudice sentencing sixth-amendment | Mr. Calligan alleged that his trial counsel was ineffective for failing to inform him of an informal plea offer made by the prosecutor, which would ha… |
| 22-5862 | Gregory Ramos v. United States | Second Circuit | 2022-10-18 | Denied | Response WaivedIFP | appeal constitutional-right criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel second-circuit sixth-amendment | Whether the Second Circuit's determination that Petitioner was not denied his right to the effective assistance of counsel consistent with the Sixth A… |
| 22-5863 | Arlandis Shy v. United States | Sixth Circuit | 2022-10-18 | Denied | Response WaivedIFP | 4th-amendment 6th-amendment apprendi-v-new-jersey due-process fair-trial fourth-amendment jury-instruction probable-cause search-warrant sixth-amendment unreasonable-search | I. Whether the district court clearly erred by failing to properly instruct the jury, in violation of the holding in Apprendi v. New Jersey, 530 U.S. … |
| 22-5828 | DeShaun Bullock v. United States | Eighth Circuit | 2022-10-14 | Denied | Relisted (10)IFP | acquittal criminal-procedure criminal-sentencing double-jeopardy fifth-amendment judicial-discretion jury-acquittal sentencing sixth-amendment | 1. Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitt… |
| 22-5842 | Lex Lugard Eugene v. Florida | Florida | 2022-10-14 | Denied | Response WaivedIFP | confrontation-clause criminal-sentencing first-amendment fourteenth-amendment habitual-felony-offender-statute sixth-amendment unsubstantiated-allegations | I. WHETHER UNSUBSTANTIATED ALLEGATIONS OF MISCONDUCT INTRODUCED IN A CRIMINAL SENTENCING PROCEEDING VIOLATES THE FIRST AND FOURTEENTH AMENDMENTS TO … |
| 22-5829 | Montana Barronette, Brandon Wilson, John Harrison, Linton Broughton, Terrell Sivells, Taurus Tillman, Timothy Floyd, and Dennis Pulley v. United States | Fourth Circuit | 2022-10-13 | Denied | Response WaivedIFP | 6th-amendment courtroom-access criminal-procedure due-process family-attendance family-friends public-trial public-trial-clause sixth-amendment | This Court observed in 1948 that without "exception all courts have held that an accused is at the very least entitled to have his friends, relatives … |
| 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. |
| 22-5801 | Steven Nelson Murray v. Jerry Howell, Warden, et al. | Ninth Circuit | 2022-10-11 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-trial jury-trial-waiver procedural-default sixth-amendment | When a criminal defendant must make a personal decision whether to waive a fundamental constitutional right, does an attorney provide deficient perfor… |
| 22-5789 | Rodney Donta Jackson v. Minnesota | Minnesota | 2022-10-07 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process juror-misconduct post-verdict-hearing post-verdict-hearings public-trial sixth-amendment trial-procedure | I. Does the Sixth Amendment right to a public trial extend to postverdict hearings investigating potential juror misconduct? II. Is the remedy for a … |
| 22-5769 | Donovan Lemont Bookman v. United States | Fifth Circuit | 2022-10-05 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 22-318 | Ronald Tai Young Moon, Jr. v. United States | Eleventh Circuit | 2022-10-05 | Denied | Response Waived | 6th-amendment constitutional-rights criminal-procedure forfeiture public-trial sixth-amendment waiver | What is the standard for finding a waiver (as opposed to mere forfeiture) of the Sixth Amendment right to a "public trial?" This prominently includes … |
| 22-5731 | Jonathan D. Carr v. Kansas | Kansas | 2022-10-03 | Denied | IFP | capital-trial confrontation-clause criminal-procedure eligibility-phase selection-phase sentencing-phase sixth-amendment witness-confrontation | Whether the Sixth Amendment's Confrontation Clause secures an accused's right to confront witnesses against him throughout the sentencing phase of a c… |
| 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… |
| 22-5733 | Robert Brown, II v. United States | Sixth Circuit | 2022-10-03 | Denied | Response WaivedIFP | appellate-review criminal-procedure criminal-trial evidence fair-trial jury jury-bias perjury perjury-evidence rico rico-conspiracy sixth-amendment | The Government here alleged the Seven Mile Bloods operated as an enterprise in Detroit, Michigan, in an area known as the "Red Zone." The Government a… |
| 22-5735 | Thomas A. Scott v. Lonnie Oliver, Superintendent, State Correctional Institution at Albion, et al. | Third Circuit | 2022-10-03 | Denied | IFP | constitutional-rights criminal-procedure due-process fair-trial fifth-amendment fourteenth-amendment fourth-amendment judicial-integrity judicial-review manifest-injustice sixth-amendment | 1. DOES THE JUDGEMENT OF SENTENCE REPRESENT A MAINIFEST INJUSTICE WARRANTING THE SUPERVISORY POWERS OF THIS HONORABLE COURT AS IT SHAKES SOCIETIES CON… |
| 22-5738 | Vernon J. Mills v. Virginia | Virginia | 2022-10-03 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment actual-innocence civil-rights compulsory-process due-process exculpatory-evidence fourteenth-amendment habeas-corpus sixth-amendment | Did the appellate court err in assessing the legal significance of the sworn Affidavits tending to exonerate the petitioner, and deny the petitioner h… |
| 22-5724 | In Re Chad Small | 2022-09-30 | Denied | IFP | compliance-with-rules constitutional-rights criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel knowingly-intelligently-voluntarily parties-to-proceeding sixth-amendment | 1) WHETHER PETITIONER WAS DENIED HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL 2) WHETHER THE GUILTY PLEA WAS KNOWINGLY, INTELLIGENTLY… | |
| 22-5714 | Tracy Alan Zornes v. William Bolin, Warden | Eighth Circuit | 2022-09-29 | Denied | Response WaivedIFP | antiterrorism-and-effective-death-penalty-act-of-1 courtroom-closure criminal-procedure partial-courtroom-closure presley-v-georgia public-trial sixth-amendment voir-dire waller-test waller-v-georgia | The question presented by this petition is whether the Sixth Amendment's public trial guarantee, within the review apparatus imposed by the Antiterror… |
| 22-5684 | Victor Gavillan Martinez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2022-09-27 | Denied | IFP | 14th-amendment 4th-amendment 6th-amendment criminal-procedure due-process evidence-suppression fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel sixth-amendment warrantless-search | Whether Petitioner's Fourth, Sixth, and Fourteenth Amendment Rights to the United States Constitution Require this Court to vacate Petitioner's convic… |
| 22-5699 | In Re Thomas George Craaybeek | 2022-09-27 | Denied | Relisted (2)IFP | 2nd-amendment civil-rights constitutional-rights criminal-procedure due-process free-speech habeas-corpus ineffective-assistance sixth-amendment standing takings | WAS THE OPINION STRUCK COST OF APPEALS SUCH THAT EXTRA CIRCUIT SPLIT BY SUPREME COURT VIOLATED MCCULLENT TO COLLAR HE EASE PREDLINE SET EM BOM THAT SV… | |
| 22-5673 | Juan Amaya Lozano v. Fredrick Entzel, Warden | Eighth Circuit | 2022-09-26 | Denied | IFP | abuse-of-discretion criminal-procedure due-process effective-assistance-of-counsel interpreter-rights limited-english-proficiency sentencing sentencing-discretion sixth-amendment | 1) Whether the District Court abused it's discretion after ruling that Juan Lozano, (a limited English Proficiency defendant), required a Spanish Inte… |
| 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… |
| 22-5672 | Luan Van Nguyen v. United States | Fifth Circuit | 2022-09-23 | Denied | Response WaivedRelisted (2)IFP | and whether the ineffective assistance of counsel 4th-amendment carjacking civil-rights constitutional-rights criminal-conspiracy exclusionary-rule ineffective-assistance probable-cause search-and-seizure sixth-amendment standing | 1. Whether the Court of Appeals for the Fifth Circuit Erred in denied Nguyen Clearly his Constitutional claims are Correct when the Fifth Circuit had … |
| 22-5650 | In Re Bobby D. Hathaway-Bey | 2022-09-22 | Denied | IFP | criminal-procedure first-amendment public-access public-trial sentencing sixth-amendment | should this court isr s lowik toGrant alrit of Haks Corpus Jo a Moorish AMKican SovErig Man wHo has No wvaila forum to raiss his Comlilling clam of Di… | |
| 22-5666 | Arturo Cano v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2022-09-22 | Denied | Response WaivedIFP | civil-rights due-process habeas-corpus ineffective-assistance martinez-v-ryan pro-se procedural-default prosecutorial-misconduct sixth-amendment standing | 1. Whether being pro se versus being represented by counsel at the state initial collateral proceeding is a determinative factor for obtaining withdra… |
| 22-5641 | Jay Eugene Reed v. United States | Third Circuit | 2022-09-21 | Denied | Response WaivedRelisted (2)IFP | charging-instrument constitutional-rights conviction due-process fifth-amendment sentencing sentencing-reasonableness sixth-amendment | Has the United States Court of Appeals for the Third Circuit violated the Fifth and Sixth Amendment to the United States Constitution by allowing an i… |
| 22-5602 | Edward Ellis, III v. Missouri | Missouri | 2022-09-19 | Denied | Response WaivedIFP | constitutional-standard ineffective-assistance ineffective-assistance-of-counsel legal-argument missouri-law prejudice reasonable-strategy sixth-amendment trial-counsel witness-testimony | 1. Whether, in direct conflict with other federal and state decisions, the Missouri Court of Appeals correctly held that under the Sixth Amendment, tr… |
| 22-5606 | Jesus Guadalupe Amparano-Torres v. United States | Fifth Circuit | 2022-09-19 | Denied | Response WaivedIFP | case-precedent constitutional-law criminal-procedure due-process fifth-circuit judicial-review legal-challenge sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5597 | Bernardino Adrian Venzor-Ortega v. United States | Fifth Circuit | 2022-09-16 | Denied | Response WaivedIFP | case-review criminal-procedure due-process fifth-circuit judicial-procedure legal-precedent overrule sentencing sixth-amendment supreme-court writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5588 | John Wakefield v. New York | New York | 2022-09-15 | Denied | Relisted (2)IFP | artificial-intelligence confrontation-clause due-process expert-testimony forensic-evidence probabilistic-genotyping sixth-amendment source-code | Does the Confrontation Clause of the Sixth Amendment to the United States Constitution require the disclosure of the source code of an artificial inte… |
| 22-5593 | Richard Anthony Rodriguez v. California | California | 2022-09-15 | Denied | Response WaivedIFP | apprendi-rule constitutional-procedure criminal-procedure due-process jury-trial jury-trial-right juvenile-adjudication prior-conviction-exception prior-convictions sentencing-enhancement sentencing-enhancements sixth-amendment | Can juvenile adjudications, obtained without a trial by jury, be relied upon to enhance a defendant's sentence in a later proceeding? Thus, the quest… |
| 22-5564 | Michael Muthee Munywe v. Washington | Washington | 2022-09-14 | Denied | IFP | 4th-amendment 5th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process jury-interrogation miranda-rights sixth-amendment trial-rights | Question not identified. |
| 22-5565 | Fedner Pierre-Louis v. Matthew J. Platkin, Acting Attorney General of New Jersey, et al. | Third Circuit | 2022-09-14 | Denied | IFP | certificate-of-appealability debatable-claim habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jurist-of-reason post-conviction-relief sixth-amendment | 1. WHETHER THE RULING OF THE COURT OF APPEALS FOR THE THIRD CIRCUIT IS CONTRARY TO CLEARLY ESTABLISHED FEDERAL LAW WHERE THE COURT FAILED TO GRANT A… |
| 22-5577 | Marvin Davis v. Kevin Genovese, Warden | Sixth Circuit | 2022-09-13 | Denied | Response WaivedIFP | child-interview child-witness confrontation-clause constitutional-challenge criminal-procedure due-process effective-assistance-counsel forensic-interviewer hearsay hearsay-statements sixth-amendment statutory-interpretation | (1) WHETHER THE TRIAL COURT ERRED IN ALLOWING THE CHILD VIDEO INTERVIEW AND WHETHER T.C.A. SECTION 24-7-123 IS [UNCONSTITUTIONAL? (2) WHETHER THE PET… |
| 22-5541 | Edwin Pawlowski v. United States | Third Circuit | 2022-09-12 | Denied | Response WaivedRelisted (2)IFP | appellate-review compulsory-process due-process harmless-error judicial-process re-cross-examination sixth-amendment structural-error trial-court-error | Did the Trial Court error by improperly restricting the examination in light of newDefendant's right to re-cross and evidence presented by the Prosecu… |
| 22-5542 | Johnny A. Johnson v. Paul Blair, Warden | Eighth Circuit | 2022-09-12 | Denied | IFP | capital-cases certificate-of-appealability cumulative-effect habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard Strickland-v-Washington wiggins-claim Wiggins-v-Smith | 1. Whether the Eighth Circuit's practice of issuing unexplained summary denials of certificates of appealability in capital cases conflicts with 28 U.… |
| 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 … |
| 22-5546 | Jhon Albert Carrizales Pretell v. Florida | Florida | 2022-09-09 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-right criminal-defendant criminal-procedure due-process felony felony-offense fourteenth-amendment jury-trial sixth-amendment trial-procedure | 1. Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense. |
| 22-5536 | Mikal D. Mahdi v. Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, et al. | Fourth Circuit | 2022-09-08 | Denied | IFP | capital-mitigation ineffective-assistance-counsel ineffective-assistance-of-counsel investigation-into-mitigating-evidence mental-health-background mitigating-evidence post-conviction-review sixth-amendment traumatic-background trial-investigation | Did the state post-conviction court misapply this Court's Sixth Amendment precedent when it held that Mikal Mahdi's trial attorneys reasonably ended t… |
| 22-5537 | Joseph William Rendon v. Iowa | Iowa | 2022-09-08 | Denied | Response WaivedIFP | appeal criminal-procedure due-process habeas-corpus ineffective-assistance sixth-amendment | Whether Petitioner was provided effective Assistance of Counsel |
| 22-5516 | Antrell Desharron Lewis v. United States | Eighth Circuit | 2022-09-07 | Denied | Response WaivedIFP | 2255-motion burrage burrage-standard criminal-procedure drug-overdose habeas-corpus ineffective-assistance prosecutorial-misconduct sixth-amendment | Did trial counsel provide ineffective assistance in light of this court's holding in Burrage by failing to investigate the drug alleged to have caused… |
| 22-5519 | Kareem J. Stansbury v. Michael Courley, Acting Superintendent, State Correctional Institution at Camp Hill, et al. | Third Circuit | 2022-09-07 | Denied | Response WaivedRelisted (2)IFP | certificate-of-appealability criminal-justice-system fair-trial federal-constitutional-rights habeas-corpus pro-se-defendant procedural-default sixth-amendment speedy-trial | conviction and habeas corpus proceedings raises Kareem Stansbury's pressing issues of national importance; Whether, and to what extent the criminal ju… |
| 22-5520 | Anthony Sims, Jr. v. New Jersey | New Jersey | 2022-09-07 | Denied | IFP | confrontation-clause criminal-trial cross-examination hearsay hearsay-statement memory-loss pre-trial-hearing sixth-amendment testimonial-evidence | The Confrontation Clause bars testimonial hearsay when the defendant has not had the opportunity for cross-examination. At Mr. Sims' trial for attempt… |
| 22-5510 | Ronald Lebed, Sr. v. Florida | Florida | 2022-09-06 | Denied | Response WaivedIFP | constitutional-rights fourteenth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct search-and-seizure sixth-amendment | Whether The Fifth District Court Of Appeal Violated The Petitioner's Fourth, Sixth And Fourteenth Amendments Rights By Denying The Claim Of Ineffectiv… |
| 22-196 | Adam Samia, aka Sal, aka Adam Samic v. United States | Second Circuit | 2022-09-01 | Judgment Issued | Amici (7) | codefendant-confession confrontation-clause constitutional-rights criminal-procedure due-process evidence out-of-court-statement redaction sixth-amendment | Whether admitting a codefendant's redacted out-of-court confession that immediately inculpates a defendant based on the surrounding context violates t… |
| 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… |
| 22-5469 | Jeffrey Beard, II v. United States | Eleventh Circuit | 2022-08-31 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure cross-examination hearsay hearsay-evidence obstruction-of-justice sentencing sentencing-guidelines sixth-amendment | The Sixth Amendment of the U.S. Constitution requires that the accused "shall enjoy the right ... to be confronted with the witnesses against him." Th… |
| 22-5471 | Tremain Lamar Braxton, Timothy Roy Mason, and Darrell Lee-Lamont Summers, II v. United States | Sixth Circuit | 2022-08-30 | Denied | Response WaivedIFP | confrontation-clause confrontation-rights criminal-sexual-conduct criminal-trial cross-examination evidence-exclusion incentive-to-testify sixth-amendment witness-credibility | Whether a defendant's Sixth Amendment confrontation rights are violated when a trial court bars all cross-examination about events that concededly too… |
| 22-176 | James Burkhart v. United States | Seventh Circuit | 2022-08-29 | Denied | Response Waived | 28-usc-2255 adverse-effect conflict-of-interest counsel-conflict evidentiary-hearing guilty-plea ineffective-assistance post-conviction-relief sixth-amendment | Under Cuyler v. Sullivan, 446 U.S. 335 (1980), to establish a Sixth Amendment violation, a defendant must prove that his lawyer had an "actual conflic… |
| 22-5458 | Kenneth Lainell Davis v. Florida | Florida | 2022-08-29 | Denied | IFP | criminal-defendant criminal-procedure criminal-trial due-process eighth-amendment felony jury jury-composition juvenile-sentencing mandatory-minimum sixth-amendment | 1. Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense. 2. Whether the imposition of a … |
| 22-5438 | Winfred Scott Simpson v. North Carolina Department of Public Safety | Fourth Circuit | 2022-08-24 | Denied | Relisted (2)IFP | and ineffective assistance of counsel unlawful detention compulsory-process due-process fifth-amendment fourteenth-amendment jencks-act miranda-rights right-to-present-defense self-defense sixth-amendment | Violation of Petitioner's 5th, 6th, and 14th Amendment rights of due process and the right to present an effective defense regarding suppressed eviden… |
| 22-164 | Mark Elliott Stuart v. Douglas Gerlach, Judge, Superior Court of Arizona, Maricopa County, et al. | Arizona | 2022-08-23 | Denied | Response Waived | civil-rights constitutional-rights due-process free-speech police-conduct prosecutorial-misconduct sixth-amendment speedy-trial vindictive-prosecution | (1) Whether the State can seek to punish and prosecute an individual for refusing to obey an unconstitutional order from a public official and a polic… |
| 22-5431 | Davante Turner v. United States | Sixth Circuit | 2022-08-23 | Denied | Response WaivedIFP | constitutional-protections courtroom-closure due-process fair-trial government-agent public-trial sixth-amendment structural-error | (1) Whether it is structural error and a violation of Petitioner's constitutional protections to a fair and public trial under the Sixth Amendment of … |
| 22-5410 | Claud R. Koerber v. United States | Tenth Circuit | 2022-08-22 | Denied | Response WaivedIFP | barker-factors barker-v-wingo constitutional-rights due-process fair-trial government-misconduct issue-preclusion sixth-amendment speedy-trial statute-of-limitations | 1) SIXTH AMENDMENT SPEEDY TRIAL: Did the Tenth Circuit fundamentally err in its application of Barker v. Wingo, 407 U.S. 513, 531-36 (1972); when it a… |
| 22-5422 | Vohn Robert Cooper v. Florida | Florida | 2022-08-22 | Denied | IFP | criminal-procedure due-process jury-trial sentencing sixth-amendment statutory-maximum | WHETHER THE SENTENCING JUDGE VIOLATED COOPER'S SIXTH AMENDMENT RIGHT TO HAVE A JURY DETERMINE ANY FACT THAT INCREASED THE STATUTORY MAXIMUM IN HIS CAS… |
| 22-5385 | J. S. v. Texas | Texas | 2022-08-19 | Denied | IFP | confrontation criminal-procedure due-process juvenile-justice kent-v-united-states sixth-amendment | A split exists among state courts of last resort on whether the Sixth Amendment right to confrontation extends to a hearing on whether to certify a ch… |
| 22-5403 | Paul Frederick Stover v. Oregon Board of Parole and Post-Prison Supervision | Ninth Circuit | 2022-08-19 | Denied | Response WaivedIFP | certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense second-degree-assault sixth-amendment strickland-standard strickland-v-washington | Could reasonable jurists debate whether trial counsel's failure to request a lesser-included offense instruction as an alternative to second degree as… |
| 22-5371 | Darrell Harris v. Robert Hudgins, Warden | Fourth Circuit | 2022-08-17 | Denied | Response WaivedIFP | collateral-estoppel federal-court federal-offense federal-prosecution issue-preclusion res-judicata sixth-amendment speedy-trial | WHETHER PRINCIPLES OF "RES JUDICATA" TRIGGERED APPLI CATION OF ISSUE PRECLUSION AND COLLATERAL ESTOPPEL SO AS TO DEPRIVE THE FEDERAL COURT OF AUTHORI… |
| 22-146 | Tracy Smith v. Georgia | Georgia | 2022-08-16 | Denied | Response Waived | constitutional-law constitutional-rights criminal-procedure ineffective-assistance-of-counsel jury-instruction jury-instructions non-unanimous-verdict sixth-amendment trial-counsel | Whether it is a violation of the Sixth Amendment for trial counsel to fail to object to a jury instruction that sanctioned a non-unanimous verdict. |
| 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… |
| 22-5345 | Gary Paul Karr v. United States | Fifth Circuit | 2022-08-15 | Denied | Relisted (11)IFP | acquitted-conduct criminal-sentencing cross-examination due-process fifth-amendment hearsay-statement sixth-amendment | 1. Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct underlying a charge for whic… |
| 22-5341 | Ted Amparan v. M. Eliot Spearman, Warden | Ninth Circuit | 2022-08-11 | Denied | IFP | alleyene-v-united-states apprendi-v-new-jersey criminal-sentencing due-process exhaustion habeas-corpus jury jury-determination sentencing sentencing-procedure sixth-amendment | 1) Did the State Violate Supreme Court precedent of Apprendi v. New Jersey and Alleyne v. United States by having a sentencing judge not the jury make… |
| 22-5343 | In Re Quelyory A. Rigal | 2022-08-11 | Denied | IFP | criminal-procedure due-process duplicitous-indictment fifth-amendment habeas-corpus jury non-unanimous-verdict sixth-amendment | 1. Whether a non-unanimous verdict in C.D.FL. # 0:12-cr-60088-WPD, in violation of the Fifth Amendment and Sixth Amendment, is plain error, reversible… | |
| 22-5331 | Mark Anthony Williams v. Michigan | Michigan | 2022-08-10 | Denied | IFP | confrontation-clause criminal-sexual-conduct cross-examination cumulative-error due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sentencing-guidelines sixth-amendment | I. THE EVIDENCE PRESENTED AT TRIAL WAS INSUFFICIENT TO SUPPORT THE CONVICTION OF CSC 1st DEGREE WHERE THERE WAS NO PROOF OF PENETRATION AS REQUIRED BY… |
| 22-5304 | Nuelito Morel-Vargas v. Connecticut | Connecticut | 2022-08-08 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment sixth-amendment waiver waiver-doctrine | 1. Do the Fifth, Sixth, and Fourteenth Amendments require a canvass of the defendant prior to a constitutionally valid waiver of the fundamental, pers… |
| 22-5288 | Kendale Welborn v. United States | Sixth Circuit | 2022-08-05 | Denied | Response WaivedIFP | alleyne-decision alleyne-v-united-states apprendi-rule apprendi-v-new-jersey criminal-sentencing drug-offenses methamphetamine-actual methamphetamine-mixture plea-bargaining sentencing-guidelines sixth-amendment | The Appellant's Appeal was denied on April 29, 2022 by the Sixth Circuit Court of Appeals. In this case, the Appellant raises one (1) issue for determ… |
| 22-5282 | Cory Mingo v. Florida | Florida | 2022-08-04 | Denied | Response WaivedIFP | 4th-amendment 6th-amendment cell-site-location-information criminal-procedure due-process fourth-amendment ineffective-assistance probable-cause search-and-seizure sixth-amendment warrantless-search | Question One: Whether the Petitioner was deprived of the effective counsel where counsel failed to file a motion to suppress cell site location inform… |
| 22-5283 | Gerald Funk v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. | Third Circuit | 2022-08-04 | Denied | Response WaivedIFP | consequences constitutional-rights guilty-plea guilty-plea-negotiation ineffective-assistance plea-negotiations plea-offer sixth-amendment trial-counsel trial-strategy | 1. Whether trial counsel's Sixth Amendment duties to a client during the guilty-plea negotiation stages require him to affirmatively assist a client i… |
| 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… |
| 22-5243 | Grover D. Cannon v. Louisiana | Louisiana | 2022-08-01 | Denied | Response WaivedIFP | actus-reus constitutional-law criminal-procedure defense-counsel mccoy-v-louisiana mens-rea right-to-autonomy self-defense sixth-amendment | Did Louisiana's courts violate Grover D. Cannon's Sixth Amendment rights recognized in McCoy by allowing Mr. Cannon's defense counsel over Mr. Cannon'… |
| 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… |
| 22-5247 | Luckens Petit v. Florida | Florida | 2022-08-01 | Denied | Response WaivedIFP | bond-hearing confrontation-clause constitutional-rights crawford-precedent crawford-v-washington criminal-procedure due-process evidence florida-arthur-bond-hearing sixth-amendment | I. WHETHER THE FLORIDA ARTHURVBOND HEARING SATISFIES THE SIXTH AMENDMENT 'S CONFRONTATION CLAUSE REQUIREMENT AS EXPLAINED IN CRAWFORD V. WASHINGTON, 5… |
| 22-5216 | Ray Salazar v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2022-07-28 | Denied | Relisted (2)IFP | constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel investigation mental-competency sixth-amendment | 1. The question is: Did al Counsel ably Commabonal chan Assistance of Counsel Undertee SAM Htodeiont in tveir Guraveess of SelaZavs Mortal Heal isues … |
| 22-5218 | Reginald Dexter Carr, Jr. v. Kansas | Kansas | 2022-07-28 | Denied | IFP | 14th-amendment 5th-amendment 6th-amendment automatic-reversal due-process fifth-amendment fourteenth-amendment harmless-error sixth-amendment structural-error | 1. Was the denial of Reginald Carr's Fifth, Sixth and Fourteenth Amendment rights to testify structural constitutional error requiring automatic rever… |
| 22-5182 | Bakhtiyor Jumaev v. United States | Tenth Circuit | 2022-07-26 | Denied | Response WaivedIFP | balancing-test barker-test barker-v-wingo constitutional-rights due-process exculpatory-evidence original-public-understanding sixth-amendment speedy-trial | I. Whether the judge-made and ahistorical balancing test for assessing a deprivation of the Sixth Amendment's right to a speedy trial set out in Barke… |
| 22-5187 | Jesus Maya-Zapata v. California | California | 2022-07-26 | Denied | Response WaivedIFP | appellate-review batson-challenge batson-v-kentucky credibility-determination judicial-procedure jury-selection peremptory-challenge peremptory-excusal-of-a-juror reasonableness-of-stated-justifications sixth-amendment | Review is requested to clarify whether there is a single deferential standard of appellate review for Sixth Amendment claims arising under Batson v. K… |
| 22-5188 | Jamshid Muhtorov v. United States | Tenth Circuit | 2022-07-26 | Denied | Response WaivedIFP | barker-test barker-v-wingo constitutional-rights criminal-procedure due-process exculpatory-evidence judicial-balancing sixth-amendment speedy-trial | I. Whether the judge-made and ahistorical balancing test for assessing a deprivation of the Sixth Amendment's right to a speedy trial set out in Barke… |
| 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? |
| 22-5152 | In Re Jerry N. Alfred | 2022-07-22 | Dismissed | Relisted (2)IFP | constitutional-rights criminal-conviction due-process equal-protection false-evidence fourteenth-amendment habeas-corpus prosecutorial-misconduct sixth-amendment | WHETHER A TEMPORARY EXCEPTION EXISTS TO CITE UNITED STATES SUPREME COURT'S UPLE HOLDING THAT A CRIMINAL CONVICTION USING USE OF FALSE EVIDENCE "MUST F… | |
| 22-5160 | Robert V. Wonsch v. Scott Crow, Director, Oklahoma Department of Corrections | Tenth Circuit | 2022-07-22 | Denied | IFP | criminal-procedure due-process federal-supremacy sixth-amendment speedy-trial state-constitutional-law | 1. May any State or Territory create, enact or enforce 2 any penal statute or constitutional provision in CONTUMACY of the Sixth Amendment right to a … |
| 22-5164 | Oscar Lenton, Sr. v. Warden, FCI Edgefield | Fourth Circuit | 2022-07-22 | Denied | Response WaivedIFP | brady-v-maryland brady-violation confrontation-clause due-process evidence-suppression exculpatory-evidence fair-trial government-misconduct habeas-corpus prosecutorial-misconduct sixth-amendment | I. Whether ar noit the Agooals Court Tuliwg deprived patittonor oF his Tight under Braoly V. Maryland. Su pra.where tne Government had Violated is obl… |
| 22-5165 | Daniel Boos v. Jermaine White, Warden | Eleventh Circuit | 2022-07-22 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure cumulative-error cumulative-prejudice due-process effective-assistance-of-counsel ineffective-assistance sixth-amendment trial-counsel trial-errors | Question not identified. |
| 22-5167 | Regis Storm Ervin v. United States | Fifth Circuit | 2022-07-22 | Denied | Response WaivedIFP | 18-usc-3583g constitutional-challenge criminal-sentencing due-process fifth-amendment mandatory-revocation sixth-amendment statutory-interpretation united-states-v-haymond | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 22-5147 | Ortavious Devon Wilson v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2022-07-21 | Denied | Response WaivedIFP | almendarez-torres-v-united-states certificate-of-appealability constitutional-rights criminal-procedure jury-trial mandatory-minimum mandatory-sentencing prison-releasee-reoffender sixth-amendment | 1. Whether the Petitioner's sentence violated his Sixth Amendment right to a jury trial when the trial court imposed a minimum mandatory sentence of l… |
| 22-5123 | Kevin Brazelton v. Tennessee | Tennessee | 2022-07-19 | Denied | Response WaivedIFP | 14th-amendment 5th-amendment 6th-amendment courtroom-decorum due-process fair-trial fifth-amendment sixth-amendment stun-belt | In your Petitioner's trial for aggravated robbery in the Criminal Court for Knox County, Tennessee, the trial court over defense objection refused to … |
| 22-5131 | Terry Gillard v. California | California | 2022-07-19 | Denied | Response WaivedIFP | confrontation confrontation-clause criminal-procedure due-process fair-trial fourteenth-amendment sixth-amendment witness-impeachment | Whether the California court's refusal to allow a witness to be impeached with his federal bank robbery conviction violated petitioner's clearly estab… |
| 22-44 | Westley Devone Harris v. Alabama | Alabama | 2022-07-15 | Denied | criminal-procedure fourteenth-amendment impartial-jury juror-misconduct jury-selection sixth-amendment voir-dire | 1. Whether a criminal defendant is deprived of his Sixth and Fourteenth Amendment rights to an impartial jury when a jury member gives dishonest and i… | |
| 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 … |
| 22-40 | Isiah Dozier v. United States | Eighth Circuit | 2022-07-14 | Denied | Response Waived | 18-usc-1791 criminal-defendant criminal-defense evidentiary-standard knowledge-requirement prohibited-object rock-v-arkansas rock-v-armenia sixth-amendment witness-testimony | The questions presented for the Supreme Court concern the Constitutional right of a Criminal Defendant to call a witness in his own defense at trial a… |
| 22-5088 | Norman Blake McKenzie v. Florida | Florida | 2022-07-13 | Denied | IFP | aggravating-factors constitutional-rights death-penalty due-process fourteenth-amendment jury-trial reasonable-doubt sixth-amendment | Mr. McKenzie had a right to a jury finding for each fact that subjected him to the enhanced penalty of death. This proof was required to be "beyond a … |
| 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 … |
| 22-5102 | Nathaniel Louis Daniels v. United States | Fourth Circuit | 2022-07-13 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | 6th-amendment armed-career-criminal-act criminal-procedure judge judicial-discretion jury jury-determination sentencing-enhancement sixth-amendment statutory-interpretation | Whether the Sixth Amendment requires that a jury, rather than a judge, resolve whether prior crimes were "committed on occasions different from one an… |
| 22-5070 | Lane Walker Waldron v. Texas | Texas | 2022-07-12 | Denied | IFP | attorney-credibility constitutional-rights conviction-reversal habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-bias sixth-amendment trial-counsel | WHETHER THE COURT BELOW ERRED IN CONCLUDING PETITIONER WAS NOT DENIED HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL AT TRIAL WHEN HIS T… |
| 22-5071 | Daniel Toney v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2022-07-12 | Denied | IFP | 14th-amendment 6th-amendment circumstantial-evidence due-process evidentiary-hearing fourteenth-amendment habitual-offender ineffective-assistance montgomery sixth-amendment | Question One: If the record reflects similar if not more egregious ineffective assistance by trial counsel. The claim was not refuted at evidentiary h… |
| 22-5066 | John Cody, aka Bobby Thompson v. Tim McConahay, Warden | Sixth Circuit | 2022-07-11 | Denied | IFP | 6th-amendment actual-innocence certificate-of-appealability constitutional-claim debatability-review equal-protection-clause habeas-corpus procedural-default sixth-amendment | (1) Does a certificate of appealability ("COA") debatability review pursuant to 28 U.S.C. §2253(c)(2) mean that the COA panel may deny debatability of… |
| 22-5040 | Priscilla Ann Ellis v. United States District Court for the District of Columbia | District of Columbia | 2022-07-06 | Dismissed | 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… |
| 22-5024 | Jerod Rodriguez v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2022-07-05 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | certificate-of-appealability criminal-procedure guilty-verdict ineffective-assistance ineffective-assistance-of-counsel miller-el-v-cockrell mistrial postconviction-relief prejudice-prong reasonable-jurists sixth-amendment strickland-standard | 1. Whether the prejudice prong set forth in Strickland v. Washington, 466 U.S. 668 (1984), is established if a petitioner/defendant can demonstrate th… |
| 22-4 | Donald G. Karr, Jr. v. Mark R. Sevier, Warden | Seventh Circuit | 2022-06-30 | Denied | Response Waived | civil-rights counsel-rights davis-hatton-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment | Whethe r the Davis- Hatton P rocedure is unconstitutional as-applied to Mr. Karr 's case and whether the Indiana State Courts and United States Distri… |
| 22-5005 | Gerardo Olvera-Vitela v. United States | Fifth Circuit | 2022-06-30 | Denied | Response WaivedIFP | case-law court-of-appeals criminal-procedure due-process judicial-review legal-precedent overrule sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5013 | In Re Megan Kyte | 2022-06-30 | Denied | IFP | 4th-amendment due-process false-arrest fourth-amendment habeas-corpus malicious-prosecution search-and-seizure sixth-amendment unreasonable-search | 1. Was petitioner denied her Fourth Amendment to the U.S. Constitution right to a pro se habeas corpus in the US district of Oregon? 2. Was petitione… | |
| 21-8286 | Thomas Richie McBride v. Texas | Texas | 2022-06-29 | Denied | IFP | constitutional-rights double-jeopardy due-process judicial-proceedings jury-trial repeat-offender sentencing sixth-amendment | [ Illegal/Void 1984 Sentence And Judgment ] The questions presented here for the Court ,respectfully ,are possi bly of first impression upon judicial… |
| 21-1611 | Robert Koger v. United States | Fourth Circuit | 2022-06-29 | Denied | Response Waived | conflict-of-interest criminal-defense criminal-investigation defense-counsel disclosure due-process reversal sixth-amendment witness witness-testimony | 1. Whether a criminal defendant establishes an "actual " unwaiveable conflict of interest that adversely affects counsel 's representation when def… |
| 21-8262 | Antonio Jones v. Frank Vanihel, Warden | Seventh Circuit | 2022-06-29 | Denied | Response WaivedIFP | confrontation-clause cross-examination due-process fourteenth-amendment police-investigation right-to-present-defense sixth-amendment testimonial-evidence witness-credibility | Whether the Sixth and Fourteenth Amendments, as constructed in Crawford v. Washington, 541 U.S. 36 (2004), Dutton v. Evans, 400 U.S. 74 (1970) and Bru… |
| 21-8263 | John Matthias Watson, III v. Nevada | Nevada | 2022-06-29 | Denied | IFP | capital-murder criminal-procedure defendant-autonomy mccoy-precedent mccoy-v-louisana right-to-autonomy sixth-amendment trial-counsel unauthorized-concession | Is it a concession of guilt by trial counsel which violated Mr. Watson's longstanding right to autonomy and the Sixth Amendment holding of McCoy v. Lo… |
| 21-8279 | Randy William Gay v. Arkansas | Arkansas | 2022-06-29 | Denied | IFP | capital-defendant capital-punishment effective-assistance-of-counsel fair-jury fourteenth-amendment ineffective-assistance-of-counsel jury-selection sixth-amendment voir-dire | 1. Whether a capital defendant's Sixth and Fourteenth Amendments rights to a fair and impartial jury and to the effective assistance of counsel are vi… |
| 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… |
| 21-8238 | James Seeley v. United States | Second Circuit | 2022-06-27 | Denied | Response WaivedIFP | 18-usc-2252a constitutional-interpretation criminal-procedure due-process fourth-amendment proportionality sentencing-commission sentencing-guidelines sixth-amendment statutory-authority statutory-interpretation | Question not identified. |
| 21-8227 | Jose Fernando Ochoa-Fabian v. United States | Fifth Circuit | 2022-06-24 | Denied | Response WaivedIFP | case-law constitutional-law court-of-appeals criminal-procedure due-process judicial-review legal-precedent sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8205 | Bobby Charles Byrd v. Tim Hooper, Warden | Fifth Circuit | 2022-06-23 | Denied | Response WaivedIFP | aggravated-flight constitutional-rights due-process false-evidence fourteenth-amendment ineffective-assistance-of-counsel right-to-counsel-of-choice sixth-amendment | PCR ISSUES I. Whether Mr. Byrd was denied his right to effective assistance of appellate counsel when counsel failed to litigate non-frivolous issues… |
| 21-1584 | Martin Louis Ballard v. United States | Fourth Circuit | 2022-06-23 | Denied | Response Waived | drug-conspiracy due-process fair-trial fifth-amendment ineffective-assistance ineffective-assistance-of-counsel mistrial murder-for-hire sixth-amendment | Issue I: Is the right of Martin Ballard to due process of law under the Fifth Amendment and the right to a fair and impartial fact finder in his trial… |
| 21-1579 | Stephen Alexander v. Georgia | Georgia | 2022-06-22 | Denied | Response Waived | courtroom-closure fundamental-unfairness ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis sixth-amendment strickland-standard strickland-v-washington | When Defense Counsel errs by not objecting to an improper courtroom closure, should reviewing courts apply a "fundamental unfairness" test, or the tra… |
| 21-8203 | Galina Rytsar v. Lonnie Oliver, Superintendent, State Correctional Institution at Cambridge Springs | Third Circuit | 2022-06-22 | Denied | Response WaivedIFP | criminal-procedure deportation-consequences discovery due-process guilty-plea habeas-corpus impeachment-of-witnesses ineffective-assistance sixth-amendment sixth-amendment-right translation | Did Appellant receive ineffective assistance of counsel, in violation of her Sixth Amendment Right, beginning at the Bucks County PA Court of Common P… |
| 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… |
| 21-8174 | 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… |
| 21-8177 | Marlin Larice Joseph v. Florida | Florida | 2022-06-17 | Denied | IFP | constitutional-safeguards cruel-and-unusual-punishment death-penalty due-process eighth-amendment fourth-amendment geographic-arbitrariness sixth-amendment standards-of-decency | Does the death penalty in and of itself violate the Eighth Amendment in light of contemporary standards of decency and the geographic and other arbitr… |
| 21-8158 | Larry Jose Torrez-Gutierrez v. United States | Fifth Circuit | 2022-06-16 | Denied | Response WaivedIFP | case-law constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent sentencing sixth-amendment stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8159 | Danny Leon Lynch, Jr. v. United States | Fifth Circuit | 2022-06-16 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 21-8135 | Zachary Chandler v. United States | Eleventh Circuit | 2022-06-14 | Denied | Response WaivedIFP | adversarial-testing criminal-defense criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-sympathy sixth-amendment sympathy-defense trial-strategy | I. WHETHER COUNSEL WAS INEFFECTIVE BECAUSE COUNSEL'S DEFENSE STRATEGY WAS TO HAVE CHANDLER WEAR PRISON ATTIRE IN ORDER TO GARNER THE JURY'S SYMPATHY? … |
| 21-8137 | David Lee Green v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2022-06-14 | Denied | Response WaivedIFP | 28-usc-2253 certificate-of-appealability criminal-procedure entrapment ineffective-assistance ineffective-assistance-of-counsel miller-el-v-cockrell reasonable-jurists sixth-amendment strategic-decision undercover-operation | 1. 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 ineffe… |
| 21-8138 | Lawrence J. Gerrans v. United States | Ninth Circuit | 2022-06-14 | Denied | Response WaivedIFP | civil-rights criminal-procedure first-amendment free-exercise religious-rights sixth-amendment structural-error trial-rights | 1. May a district court , upon the prosecutor's demand that a defendant's Bible be removed from the courtroom during a criminal trial, constitutionall… |
| 21-1557 | Dayonta McClinton v. United States | Seventh Circuit | 2022-06-14 | Denied | Amici (6)Response RequestedResponse WaivedRelisted (14) | criminal-procedure criminal-sentencing double-jeopardy fifth-amendment judicial-discretion jury-acquittal sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 21-1562 | Jermel Leon Reed v. Harold W. Clarke, Director, Virginia Department of Corrections | Virginia | 2022-06-14 | Denied | Response Waived | 14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment grand-jury grand-jury-indictment ineffective-assistance-of-counsel sixth-amendment | A. Was Reed's right to a grand jury indictment secured by the Fourteenth and Fifth Amendment to the United States Constitution was violated when Reed … |
| 21-1553 | Ramin Khorrami v. Arizona | Arizona | 2022-06-10 | Denied | Amici (3)Relisted (5) | 14th-amendment 6th-amendment constitutional-rights due-process felony fourteenth-amendment impartial-jury jury-trial original-public-meaning precedent sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony. |
| 21-8120 | Willie Alfred Green v. Delijah Washington | Eleventh Circuit | 2022-06-10 | Denied | Response WaivedIFP | brady-claim brady-claims due-process effective-assistance false-evidence guilty-plea materially-exculpatory-evidence perjured-testimony prosecutorial-misconduct sixth-amendment | Are Brady Claims available for defendants who plead guilty when the prosecution withholds materially exculpatory evidence? Does a guilty plea waive a… |
| 21-8098 | Rocky Christian v. Florida | Florida | 2022-06-09 | Denied | Response WaivedRelisted (2)IFP | anders-review appellate-procedure appellate-review fourteenth-amendment jury-instruction plain-error self-defense self-defense-instruction sixth-amendment | Did the Fifth District Court of Appeal for the State of Florida conduct an adequate review of the record pursuant to Anders v. California 386 U.S. 738… |
| 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… |
| 21-8094 | In Re Marcus O'Neal Jenkins | 2022-06-08 | Denied | Response WaivedRelisted (2)IFP | arrest booked-on-charges civil-rights criminal-procedure custody due-process sixth-amendment speedy-trial | (l) Did the action taken on April 20, 2010 at BCDC, constitute an arrest for purposes of determining whether Marcus O'Neal Jenkins ' (Jenkins ') 6th a… | |
| 21-8074 | Juan Jesus Barrieta-Barrera v. United States | Fifth Circuit | 2022-06-07 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment parole sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 21-8076 | Siva K. Durbesula v. United States | Fourth Circuit | 2022-06-07 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure enhanced-punishment enhanced-punishments judicial-fact-finding jury sixth-amendment special-assessment speedy-trial-act supervised-release | 1) WHETHER THE SIXTH AMENDMENT REQUIRES A JURY RATHER THAN A JUDGE TO DETERMINE FACTS WHICH ARE USED TO APPLY ENHANCED PUNSIHMENTS INCLUDING THE PERIO… |
| 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… |
| 21-8067 | Juan Gomez v. Scott Frauenheim, Warden | Ninth Circuit | 2022-06-06 | Denied | IFP | child-sexual-abuse criminal-procedure culpability due-process fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel intellectual-disability sixth-amendment | Whether the Ninth Circuit erred in affirming the district court's denial of habeas corpus relief based on ineffective assistance of counsel claims. |
| 21-8053 | Ron Delano Kuntz v. United States | Third Circuit | 2022-06-03 | Denied | Response WaivedIFP | concurrent-representation conflict-of-interest crime-of-violence critical-stages cuyler-v-sullivan district-court jury-trial sentence-enhancement sixth-amendment | 1. Whether a conflict arises, thereby compelling federal courts to follow Cuyler v. Sullivan, 446 U.S. 335 (1980), when trial counsel's concurrent rep… |
| 21-8042 | Etheria Verdell Jackson v. Florida | Florida | 2022-06-02 | Denied | IFP | aggravating-factors constitutional-rights death-penalty hurst-v-florida jury-recommendation jury-trial sixth-amendment sixth-amendment-right | I. Whether a jury's advisory recommendation of death which does not identify the specific aggravators found, nor whether the aggravators were found un… |
| 21-8027 | Derek J. DeGroot v. Wisconsin | Wisconsin | 2022-06-01 | Denied | Response WaivedIFP | competency conflict-of-counsel counsel-conflict faretta-colloquy faretta-v-california pro-se-representation self-representation sixth-amendment timeliness trial-court-discretion | Does the Sixth Amendment require a trial court to conduct a competency colloquy, pursuant to this Court's holding in Faretta v. California, where a de… |
| 21-1504 | Jason Wayne Carlile v. Texas | Texas | 2022-06-01 | Denied | Response Waived | adversarial-testing criminal-procedure due-process fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment | 1. May a defense attorney completely fail to subject the State's case to adversarial testing during a trial, without thereby depriving a criminal defe… |
| 21-8000 | Elijah Johnson v. California | California | 2022-05-31 | Denied | Response WaivedIFP | appellate-review constitutional-interpretation criminal-procedure general-verdict inconsistent-verdicts jury-trial reasonable-doubt sixth-amendment | How does this Court's "inconsistent verdicts" jurisprudence reconcile with the Sixth Amendment jury trial guarantee: May a reviewing court uphold a ge… |
| 21-7983 | Allen James Harrison v. Louisiana | Louisiana | 2022-05-27 | Denied | Response WaivedIFP | due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargain sixth-amendment | Whether Petitioner was denied the due process of law under the Fifth and Fourteenth Amendments to the Constitution, when retained counsel admitted the… |
| 21-7995 | Joseph Kurz v. Tim Hooper, Warden | Fifth Circuit | 2022-05-27 | Denied | Response WaivedIFP | constitutional-amendments criminal-procedure due-process effective-assistance-of-counsel ex-post-facto fifth-circuit fourteenth-amendment reasonable-jurists sixth-amendment | (1) Whether the United States Fifth Circuit Court of Appeals and United States District Court for the Western District of Louisiana properly conclude … |
| 21-7975 | Amir Karim Beigali v. United States | Sixth Circuit | 2022-05-26 | Denied | Response WaivedIFP | 924-c consecutive-sentences constitutional-interpretation criminal-sentencing double-jeopardy due-process fifth-amendment mandatory-minimum section-924c sixth-amendment supervised-release | DOES THE FIFTH AND SIXTH AMENDMENT UNDER THE U.S. CONSTITUTION PROHIBIT SECOND OR SUBSEQUENTLY SECTION 924 (c) (1) (C)(i) AND ITS CONSECUTIVE MANDATOR… |
| 21-7978 | Patrick Clay Kunkel v. California | California | 2022-05-26 | Denied | IFP | brady-violation confrontation-clause double-jeopardy due-process newly-discovered-evidence prosecutorial-misconduct sixth-amendment | 1. Where petitioner received a conviction for premeditated attempted murder and attempted manslaughter of two individuals, were such that petitioner w… |
| 21-7956 | Timothy McClendon v. Chris Brewer, Warden | Eighth Circuit | 2022-05-25 | Denied | Response WaivedIFP | certificate-of-appealability constitutional-rights fifth-amendment fourteenth-amendment interrogation-technique miranda-rights miranda-v-arizona missouri-v-seibert sixth-amendment | WHETHER JURISTS OF REASON COULD DEBATE THE DISTRICT COURT'S CONCLUSION THAT THE DETECTIVES ACTIONS WERE NOT A CORRDINATED TWO-STEP INTERROGATION TECHN… |
| 21-7908 | Jose Mejia v. New York | New York | 2022-05-19 | Denied | Response WaivedIFP | criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel retroactive-application retroactivity sixth-amendment | On October 25, 2021, N.Y. Crim. Proc. § 440.10(2)(b) and (c) were amended to remove the procedural bar precluding a defendant from raising a collatera… |
| 21-7904 | Vladimir Duarte v. New York | New York | 2022-05-18 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process faretta-standard faretta-v-california self-representation sincerity sixth-amendment unequivocal-request waiver-of-counsel | When a defendant makes an "unequivocal" request for self-representation, the court must, under Faretta v. California, 422 U.S. 806, 835-836 (1975), pe… |
| 21-7910 | Kendrick Dwight Marshall v. United States | Fifth Circuit | 2022-05-18 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 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.… |
| 21-7854 | Michael G. Peters v. David Hittner, Judge | Fifth Circuit | 2022-05-13 | Dismissed | IFP | confrontation-clause criminal-procedure cross-examination hearsay sixth-amendment unavailability | Question not identified. |
| 21-7855 | James Wells Horsey v. Oklahoma | Oklahoma | 2022-05-13 | Denied | Relisted (2)IFP | blockburger-test constitutional-rights due-process eighth-amendment fifth-amendment first-amendment juvenile-pornography same-evidence-test sixth-amendment | Under the Blockburger Test and same evidence test, can possession of juvenile pornography be considered child pornography or adult pornography since t… |
| 21-7862 | Mark DeWayne Hallcy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2022-05-13 | Denied | Relisted (2)IFP | appellate-review constitutional-rights criminal-procedure due-process habeas-corpus mootness ninth-circuit post-conviction-relief sentencing sixth-amendment | 1. Does &4$aul4r Cw/Wiel^ i/uo erf W{\4, h'oHtflif % >9^4 r^oiric^ 6ttk^^ >kJjk&> ft ' ^e ot 0^ u*vW ■fa* ^ 'i^^tuuk, sWe. p^o^eiu^e *mi£ ifat' P^ft'K… |
| 21-7869 | Timothy Thibodeaux v. Tim Hooper, Warden | Fifth Circuit | 2022-05-13 | Denied | Response WaivedIFP | confrontation-clause confrontation-right constitutional-rights criminal-procedure due-process evidence fourteenth-amendment pro-se-petition sixth-amendment | 1: Reasonable Jurists would determined that Mr. Thibodeaux's conviction was obtained in violation of the Sixth and Fourteenth Amendments to the United… |
| 21-7838 | Leonardo Divinci Larck v. United States | Eleventh Circuit | 2022-05-11 | Denied | Response WaivedIFP | communication-failure constitutional-rights criminal-procedure effective-assistance-of-counsel ineffective-assistance-of-counsel lapsed-plea-offer plea-bargaining plea-offer sixth-amendment | Does the Sixth Amendment right to effective assistance of counsel require counsel to communicate a client's inquiry/response to a formal plea offer? … |
| 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… |
| 21-7825 | Charles Wycuff v. Ed Sheldon, Warden | Sixth Circuit | 2022-05-10 | Denied | Response WaivedIFP | constitutional-amendments due-process effective-assistance-of-counsel equal-protection fifth-amendment fourteenth-amendment miscarriage-of-justice procedural-default sixth-amendment | Whether the procedural default creates a miscarriage of justice that denies Petitioner his fundamental rights to due process as guaranteed by the Fift… |
| 21-7827 | Stephen Luis Haro v. United States | Ninth Circuit | 2022-05-10 | Denied | Response WaivedIFP | confrontation-clause due-process evidence-rule fair-trial government-negligence material-witness sixth-amendment trial-court | 1. Whether the trial court deprived Haro of his Sixth Amendment right to confrontation when it admitted at trial the unconfronted, out-of-court testim… |
| 21-7797 | Michael G. Peters v. Texas Medical Board | Fifth Circuit | 2022-05-06 | Dismissed | 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. |
| 21-1424 | Marjana Hoti v. City of Warren, Michigan | Michigan | 2022-05-05 | Denied | Response WaivedRelisted (3) | due-process external-influence fair-trial judicial-ethics jury-misconduct jury-tampering prosecutorial-misconduct sixth-amendment trial-procedure | Is it an external influence-on the jury when the prosecutor and one of the sitting jurors had prior , secret contacts before the trial starts? Is it … |
| 21-7766 | Jacory Brown v. Christian Pfeiffer, Warden | Ninth Circuit | 2022-05-04 | Denied | IFP | constitutional-rights criminal-procedure district-court due-process effective-assistance ineffective-assistance-of-counsel legal-claims prima-facie-case sixth-amendment strickland-v-washington | Counsel under the sixth Amendment, Does Making a Showing under defient perfrmance and prejudice establish a prina facie case? 2.Does a District court… |
| 21-7771 | James Lamar Strickland v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2022-05-04 | Denied | Response WaivedIFP | brady-disclosure criminal-procedure due-process fundamental-fairness ineffective-assistance ineffective-assistance-of-counsel prejudice-standard sixth-amendment strickland-standard strickland-v-washington | Whether the court of appeals improperly applied the prejudice standard articulated by this Court in Strickland v. Washington, 466 U.S. 668 (1984), to … |
| 21-1409 | Prince Bixler v. United States | Sixth Circuit | 2022-05-03 | Denied | Response Waived | controlled-substances cross-examination federal-rule-of-evidence-412 fifth-amendment prostitution sentencing-enhancement sex-trafficking sixth-amendment | 1. Whether Bixler's rights under the Fifth and Sixth Amendments to the United States Constitution were violated by a pretrial ruling that he could not… |
| 21-1398 | Nelson Daniel Centeno v. Commonwealth of Puerto Rico | Puerto Rico | 2022-05-02 | Denied | acquittals constitutional-law constitutional-rights criminal-procedure judicial-precedent non-unanimous-verdict puerto-rico puerto-rico-law ramos-v-louisiana sixth-amendment | Does this Court's decision in Ramos v. Louisiana, 590 U.S. __, 140 S.Ct. 1390 (2020) bar Puerto Rico from continuing to authorize non-unanimous acquit… | |
| 21-1407 | Symon Mandawala v. Northeast Baptist Hospital, et al. | Fifth Circuit | 2022-05-02 | Denied | Relisted (2) | civil-rights conflict-of-interest conspiracy due-process judge judicial-bias lawyer section-1983 sixth-amendment | The Petitioner was a student at the school owned by the Baptist churches in San Antonio named Baptist School of Health Professions run by TENET and wa… |
| 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… |
| 21-7752 | William Edward Gray v. Arkansas | Arkansas | 2022-04-29 | Denied | Response WaivedIFP | appellate-review burden-of-proof due-process effective-assistance-of-counsel procedural-default sixth-amendment | The Arkansas law of justification, or self-defense, on the date of Petitioner William Gray's offense, recognized the right of an individual to use dea… |
| 21-7738 | Guillermo Mata-Valerio v. United States | Fifth Circuit | 2022-04-28 | Denied | Response WaivedIFP | appellate-procedure certiorari constitutional-interpretation criminal-law criminal-procedure due-process judicial-precedent sentencing sixth-amendment stare-decisis statutory-interpretation supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7739 | Kendall Whitaker v. Patricia A. Coyne-Fague, Warden | First Circuit | 2022-04-28 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment aiding-and-abetting civil-rights due-process fourteenth-amendment ineffective-assistance jury-instructions sixth-amendment | I. The Petitioner seeks review of the denial of a certificate of appealability by the First Circuit which review of the decision of U.S. District Cour… |
| 21-7743 | Matthew J. Kidder v. Nebraska | Nebraska | 2022-04-28 | Denied | Response WaivedIFP | constitutional-rights counsel criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment habeas-corpus ineffective-assistance sentencing sixth-amendment state-court-jurisdiction | Is ihe. 5^cde Coor-t re^c,;fed ie Keo^ c*/\ci rwxYe. o. cleAe.fi*' no. S'V+k. cxvdi ft)odee.r\Ui p£jM fs effective G S3'S^nce c? Cocosel cIcm S Tflue … |
| 21-7730 | Justin L. Martin v. Mark Brnovich, Attorney General of Arizona, et al. | Ninth Circuit | 2022-04-27 | Denied | Response WaivedIFP | 6th-amendment constitutional-rights due-process false-testimony fourteenth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment strickland-standard | 1. Was Defense Counsel ineffective for failing to object to the states known use of false testimony in Petitioners trial. Violating his Constitutional… |
| 21-7732 | Oji Konata Markham v. Vicki Janssen, Warden | Eighth Circuit | 2022-04-27 | Denied | IFP | brady-violation court-of-appeals due-process fair-trial fourth-amendment ineffective-assistance prejudice probable-cause sixth-amendment warrantless-arrest | 1. Whether the court of appeals properly assess prejudice when it considered the Brady v. Maryland, 373 U.S. 83 (1963) violation ? a. Rulings below: T… |
| 21-7698 | Daniel Davis v. United States | Fifth Circuit | 2022-04-26 | Denied | Response WaivedIFP | confrontation-clause correctional-officer evidence hearsay prison sixth-amendment | 1) Was the Sixth Amendment guaranty of the right of confrontation denied by the trial introduction of a handwritten statement of a state prison correc… |
| 21-7666 | Izell Delorean Grissett, Jr. v. United States | Fourth Circuit | 2022-04-21 | Denied | Response WaivedIFP | apprendi apprendi-ruling collateral-review constitutional-claim criminal-procedure guidelines mandatory-guidelines miscarriage-of-justice section-2255 sentencing sentencing-guidelines sixth-amendment | 1. Whether the Sixth Amendment requires the fact of a first-degree murder cross reference under § 2Al.l-to be treated as an element-when that finding … |
| 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… |
| 21-7669 | Thomas Hoey, Jr. v. United States | Second Circuit | 2022-04-21 | Denied | Response WaivedIFP | attorney-client-privilege civil-rights constitutional-law constitutional-rights criminal-procedure due-process fifth-amendment legal-precedent sixth-amendment | Does new precedent need to be set to protect the Fifth & Sixth Amendments, and the attorney-client privilege? |
| 21-7660 | Scott McLaughlin v. Anne L. Precythe, Director, Missouri Department of Corrections | Eighth Circuit | 2022-04-20 | Denied | IFP | capital-habeas cumulative-errors expert-witness ineffective-assistance ineffective-assistance-of-counsel mental-illness opening-statement prejudice-analysis sixth-amendment strickland-standard strickland-v-washington | In this Missouri capital habeas case, Scott McLaughlin's trial counsel failed to investigate the background and credibility of Dr. Keith Caruso who wa… |
| 21-7661 | Antron Adon Tucker v. Virginia | Virginia | 2022-04-20 | Denied | Response WaivedIFP | 6th-amendment barker-v-wingo constitutional-right due-process prosecutorial-delay sixth-amendment speedy-trial statutory-interpretation statutory-right virginia-constitution | 1. Whether Petitioner's Constitutional right toa speedy trial has been violated,also his statutory right to a speedy trial . Pursuant to U.S. Constitu… |
| 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 … |
| 21-7639 | Elizabeth Carley v. Dwight Neven, Warden, et al. | Ninth Circuit | 2022-04-18 | Denied | Response WaivedIFP | constitutional-interpretation constitutional-law effective-assistance-of-counsel fourth-amendment search-and-seizure sixth-amendment statutory-interpretation supreme-court-precedent | Whether the 1) Fourth Amendment search and seizure issues, AND 2) Sixth Amendment effective assistance of counsel issues Herein were correctly interpr… |
| 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… |
| 21-7631 | 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… |
| 21-7610 | Terry Smith v. Florida, et al. | Florida | 2022-04-14 | Denied | Response WaivedIFP | autopsy autopsy-testimony confrontation-clause due-process evidence forensic-evidence hearsay medical-examiner sixth-amendment testimony | 1. Does Florida's practice of allowing a medical examiner to testify to an autopsy he/she did not perform violate the Confrontation Clause when the me… |
| 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… |
| 21-7607 | Devunaire Damorea Sims v. Michigan | Michigan | 2022-04-13 | Denied | IFP | appellate-counsel due-process effective-assistance-of-counsel evidentiary-hearing fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-hearing sixth-amendment | I. Did the Michigan Supreme Court err in denying this issue when Petitioner was denied his Sixth Amendment right to the effective assistance of counse… |
| 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… |
| 21-7618 | Tony Gene Williams, Sr. v. Texas | Texas | 2022-04-13 | Denied | Relisted (2)IFP | confrontation-clause due-process habeas-corpus hearsay-testimony insufficient-evidence jailhouse-snitch newly-discovered-evidence sixth-amendment | WHETHER OR NOT JUDGE MCCLURE OF THE TEXAS COURT OF CRIMINAL APPEALS, AFTER EXAMINING PETITIONER'S APPEAL, ERRED WHEN HE DETERMINED HE WOULD GRANT P.D.… |
| 21-7561 | Ana Duarte-Pineda v. United States | Fourth Circuit | 2022-04-06 | Denied | Response WaivedIFP | appellate-counsel appellate-review conflict-of-interest criminal-procedure due-process indigent-defendant ineffective-assistance pro-se-response sixth-amendment sua-sponte-replacement | If an indigent criminal defendant's pro se response to a brief filed under Anders v. California, 386 U.S. 738 (1967), alleges ineffective assistance o… |
| 21-7564 | Armstead Kieffer v. United States | Fifth Circuit | 2022-04-06 | Denied | Response WaivedIFP | civil-rights constitutional-vagueness due-process federal-jurisdiction fourteenth-amendment fourth-amendment free-speech patent sixth-amendment standing takings | (1) Does the Unconstitutionally Vague language, Struck down by the Court in 185 O.G.), apply to 18USC F22¢gyG)? (2) May a Stipulation Suffice To Conv… |
| 21-7566 | Andrew James Johnston v. John Devries | Seventh Circuit | 2022-04-06 | Denied | Response WaivedIFP | criminal-procedure due-process fair-trial jury-selection public-trial sixth-amendment | Question not identified. |
| 21-7540 | In Re Rufus Paul Harris | 2022-04-05 | Denied | Response WaivedIFP | constitutional-right fair-trial in-absentia pro-se-defendant pro-se-representation self-representation sixth-amendment stand-by-counsel trial-court | The question presented by this case has never been addressed to permit existing stand-by counsel to assume representation for an 'in absentia' pro-se … | |
| 21-7549 | Ernesto Palacios-Martinez v. United States | Fifth Circuit | 2022-04-05 | Denied | Response WaivedIFP | apprendi-v-new-jersey constitutional-law criminal-procedure immigration-law indictment sentencing sentencing-enhancement sixth-amendment statutory-interpretation statutory-maximum | Whether Almendarez-Torres v. United States, 523 U.S. 224 (1998) was wrongly decided, allowing for the provisions of 8 U.S.C. § 1326(b)(1) and (2) deal… |
| 21-7551 | In Re Mark Jendrzejewski | 2022-04-05 | Denied | IFP | brady-violation due-process evidence-withholding false-testimony fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment witness-testimony | ONE IS FOURTEENTH AMENDMENT DUE PROCESS VIOLATED WHEN PROSECUTOR WITHHOLDS BIOLOGICAL AND RELATED EVIDENCE LAYING IN WAIT UNTIL PETITIONER MOVES HAB… | |
| 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… | |
| 21-7484 | Hayze L. Schoonover v. Illinois | Illinois | 2022-03-29 | Denied | Response WaivedIFP | courtroom-closure defendant-rights media-access overriding-interest public-trial sixth-amendment substantial-reason waller-test | (1) Whether allowing the media to remain in the courtroom preserves a defendant's Sixth Amendment right to a public trial during a partial courtroom c… |
| 21-7476 | Samuel Lee Dantzler v. Randee Rewerts, Warden | Sixth Circuit | 2022-03-28 | Denied | Response WaivedIFP | criminal-procedure due-process expert-witness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel scientific-evidence sixth-amendment | 1. Whether it is clearly established federal law that a criminal defendant is entitled to a scientific expert that is essential to confront scientific… |
| 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… |
| 21-7473 | Antwoyn Terrell Spencer v. United States | Eighth Circuit | 2022-03-25 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure drug-conspiracy due-process first-step-act habeas-corpus jury-trial sentencing-guidelines sixth-amendment | Whether Petitioner is being deprived of his Civil Right to Due Process against law without due process of law in Violation of the Constitution and Law… |
| 21-7461 | Antonio D. Rooks-Byrd v. Nebraska | Nebraska | 2022-03-24 | Denied | Response WaivedIFP | amendment-violation constitutional-rights due-process eighth-amendment equal-protection fourteenth-amendment legal-procedure plea-agreement sixth-amendment speedy-trial | 1) Do the Fifth, Sixth, Eighth and Fourteenth Amendment's under the U.S. Constitution apply for Sixth Month Speedy Trial violation? 2) Do the Sixth… |
| 21-1291 | Rodney Muschette v. United States | Second Circuit | 2022-03-24 | Denied | Response Waived | 404(b)-evidence 5th-amendment circuit-split confrontation-clause due-process fifth-amendment fundamentally-unfair-trial hearsay-testimony sixth-amendment | I. Was Mr. Muschette Denied his 5th Amendment Right to Due Process when Admission of 404(b) evidence in violation of the test set forth in this Court'… |
| 21-1282 | Christopher Ryan Martin v. Nevada | Nevada | 2022-03-23 | Denied | Response Waived | 6th-amendment apprendi-doctrine civil-rights criminal-sentencing due-process jury-trial prior-convictions sentence-enhancement sentencing-factors sixth-amendment | I. Whether this Court should overrule Almendarez-Torres in light of Apprendi and its progeny. II. Whether Nevada's use of prior convictions for enhan… |
| 21-7449 | Leonard S. Taylor v. Paul Blair, Warden | Eighth Circuit | 2022-03-23 | Denied | IFP | capital-punishment capital-trial closing-argument ineffective-assistance ineffective-assistance-of-counsel martinez-standard martinez-v-ryan mccoy-v-louisiana nixon-v-florida sixth-amendment strickland-test strickland-v-washington | 1. Whether the decision to forego a closing argument in the penalty phase of a capital murder trial is a tactical decision for trial counsel to make o… |
| 21-7400 | Derrick U. Stricklin v. Nebraska | Nebraska | 2022-03-17 | Denied | IFP | alibi-evidence capital-case capital-punishment criminal-procedure fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-tactics | I. WHETHER THE FAILURE OF DEFENSE COUNSEL TO FILE A NOTICE OF ALIBI AND PRESENT AMPLE ALIBI EVIDENCE WHEN INSTRUCTED TO DO SO BY THE DEFENDANT IN A … |
| 21-7401 | Harold Edwards v. Nevada, et al. | Ninth Circuit | 2022-03-17 | Denied | Response WaivedIFP | criminal-procedure due-process effective-assistance-of-counsel eighth-amendment fourteenth-amendment habitual-sentence liberty-interest sixth-amendment state-court state-procedure | 1. Did The State/ District Court Judge's Failure To Abide By Nevada's State Procedural Law Violate My Constitutionally Protected Liberty Interest Unde… |
| 21-7409 | Jory Russell Strizich v. Montana | Montana | 2022-03-17 | Denied | Response WaivedIFP | criminal-defense due-process evidentiary-ruling evidentiary-rulings flight-evidence fourteenth-amendment holmes-precedent holmes-v-south-carolina sixth-amendment | Whether the Sixth and Fourteenth Amendment right to defend in a criminal case can be denied on unique state evidentiary rulings? Stated another way, d… |
| 21-7385 | Juan M. Alcaraz v. Brian Williams, Warden, et al. | Ninth Circuit | 2022-03-16 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment | 1. Did the Ninth Circuit err when Mr. Alcaraz made a substantial showing of the denial of a constitutional right as to trial counsel repeatedly tellin… |
| 21-7388 | Amos Joseph Wells, III v. Texas | Texas | 2022-03-16 | Denied | IFP | constitutional-violation death-penalty due-process fact-finding ineffective-assistance post-conviction post-conviction-relief racial-animus sixth-amendment | When a state provides a mandatory procedure for fact-finding in post-conviction death penalty cases where a constitutional violation is pleaded, does … |
| 21-1254 | Allen Bregman v. Florida | Florida | 2022-03-16 | Denied | burden-of-proof circumstantial-evidence due-process ex-post-facto fifth-amendment fourteenth-amendment pre-indictment-delay sixth-amendment tactical-advantage united-states-v-lovasco | 1. Whether United States v. Gouveia, 467 U.S. 180 (1984) departed from the two-tier test for determining a due process violation established by United… | |
| 21-1247 | Karina Rafter v. Virginia | Virginia | 2022-03-15 | Denied | Response Waived | bias confrontation-clause out-of-court-statements reliability sixth-amendment state-of-mind-exception unreliability | Does the admission of out-of-court statements of a decedent, offered under the state-of-mind exception, violate the Confrontation Clause of the Sixth … |
| 21-7374 | William A. Noguera v. Ronald Davis, Warden | Ninth Circuit | 2022-03-15 | Denied | Response WaivedIFP | conflict-of-interest constitutional-right counsel-representation cuyler-v-sullivan holloway-v-arkansas ineffective-assistance ineffective-assistance-of-counsel sixth-amendment successive-representation | Did the Ninth Circuit's opinion create a conflict with relevant decisions of this Court in concluding that Sullivan's standard applies only when a def… |
| 21-7376 | Khalil Stafford v. United States | Third Circuit | 2022-03-15 | Denied | Response WaivedIFP | double-jeopardy fifth-amendment jury-dismissal murder new-jersey rico rico-offense sixth-amendment state-law-prosecution vicar | 1. Does the Double Jeopardy Clause of the Fifth Amendment preclude a Federal petit jury from considering petitioners guilt for murder, in violation of… |
| 21-7354 | Joseph Patrick Keel v. Florida | Florida | 2022-03-14 | Denied | Response WaivedIFP | alleyne-precedent apprendi-rule criminal-procedure criminal-sentencing due-process identity judicial-interpretation prior-convictions prior-record-exception sentencing sixth-amendment | 1. Whether courts, including those in Florida, have been incorrectly applying a "prior record" exception to the rule from Apprendi v. New Jersey 530 U… |
| 21-7348 | Andrew Prescott v. Appellate Court of Illinois, Fourth District | Illinois | 2022-03-11 | Denied | IFP | 14th-amendment 6th-amendment due-process ex-parte-communication fair-hearing fourteenth-amendment impartial-tribunal self-representation sixth-amendment | Do the 6th Amendment; Section 1 and Section 5 of the 14th Amendment; 28 U.S. Code § 1654, and state laws or provisions, grant individuals not only the… |
| 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… |
| 21-7296 | Frank C. Gonzalez v. California | California | 2022-03-07 | Denied | IFP | 5th-amendment 6th-amendment aggravating-circumstances constitutional-rights death-penalty due-process fifth-amendment jury jury-finding sixth-amendment | Does California's death penalty scheme, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt the ex… |
| 21-7266 | Fredy Zamora-Reyes v. United States | Fifth Circuit | 2022-03-03 | Denied | Response WaivedIFP | almendarez-torres apprendi constitutional-interpretation criminal-procedure notice-clause prior-conviction sentencing-enhancement sixth-amendment | I. Can a court, consistent with the Sixth Amendment's Notice Clause, impose a statutorily enhanced sentence based on the fact of a prior conviction ne… |
| 21-7267 | William Roy Thietje v. Ken Clark, Warden | Ninth Circuit | 2022-03-03 | Denied | IFP | due-process harmless-error intervening-cause jury-instructions malice malice-aforethought provocative-act-murder sixth-amendment | 1. Where petitioner received a conviction based on erroneous jury instructions, were such petitioner was denied his Fourteenth Amendment right to Due … |
| 21-7271 | Matthew Moore v. Thomas Mackie, Warden | Sixth Circuit | 2022-03-03 | Denied | Response WaivedIFP | certificate-of-appealability criminal-procedure criminal-sexual-conduct due-process fourteenth-amendment habeas-corpus ineffective-assistance sixth-amendment | WAS DEFENDANT-PETITIONER DENIED EFFECTIVE ASSISTANCE OF COUNSEL AND UNCONSTITUTIONALLY COERCED INTO TAKING A PATERNITY BLOOD TEST IN JUVENILE COURT TH… |
| 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. |
| 21-7252 | Terrance Stinson, aka T-Rock v. United States | Second Circuit | 2022-03-02 | Denied | Response WaivedIFP | acquitted-conduct constitutional-rights due-process fifth-amendment jury-guarantee jury-trial sentencing sixth-amendment | Whether sentencing based on acquitted conduct violates the Sixth Amendment jury guarantee and the Fifth Amendment Due Process Clause. |
| 21-7239 | Michael Arrington v. United States | Third Circuit | 2022-03-01 | Denied | Response WaivedIFP | criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel post-conviction-relief sixth-amendment | Whether trial Counsel must inform the defendent of the nature of his right to testify und that the utimate decision belongs to him? What standard nus… |
| 21-7242 | Michael Wayne Kelly v. Texas | Texas | 2022-03-01 | Denied | IFP | appellate-review confrontation-clause confrontation-right criminal-defense evidence evidence-exclusion right-to-present-defense sixth-amendment trial-court-error witness-testimony | Did ths Court of Appeals err when it held that the trial court didnot commit error in excluding evidence that deprived Petitioner of his Sixth Amendme… |
| 21-7223 | Angel DeLara v. California | California | 2022-02-28 | Denied | IFP | criminal-procedure double-jeopardy due-process fourteenth-amendment judicial-discretion jury-determination jury-trial penal-code sentencing sentencing-enhancement sixth-amendment | Whether California's Determinate Sentencing Law, by permitting sentencing Judges to impose enhanced sentences based on their determination of facts no… |
| 21-7227 | Daniel Isaiah Thody v. United States | Sixth Circuit | 2022-02-28 | Denied | Response WaivedIFP | civil-rights constitutional-challenge due-process jury-trial sentencing sentencing-procedure sixth-amendment statutory-interpretation supervised-release | As a case of first impression, whether the current implementation of Supervised Release, (18 U.S.C. §3583), as a "separate sentence " in addition to t… |
| 21-1185 | Rufino Valdez-Lopez v. United States | Ninth Circuit | 2022-02-28 | Denied | circuit-split collateral-attack criminal-procedure due-process fifth-amendment judicial-vindictiveness sentencing sentencing-procedure sixth-amendment | This case turns on whether the Pearce presumption of judicial vindictiveness applies—for the Government to then rebut with new evidence—when a second … | |
| 21-7194 | Mainor Canales v. Tennessee | Tennessee | 2022-02-24 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance investigation post-conviction-relief sixth-amendment trial-preparation witness-investigation | 1. INEFFECTIVE ASSISTANCE OF COUNSEL? a. COUNSEL DID NOT PROVIDE CONSTITUTIONALLY EFFECTIVE ASSISTANCE WHEN HE FAILED TO CONDUCT REASONABLE INVESTIGAT… |
| 21-7196 | Luis Alonso Ramirez v. United States | Fifth Circuit | 2022-02-24 | Denied | Response WaivedIFP | almendarez-torres certiorari criminal-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing Sixth-Amendment supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7198 | Remel Ahart v. Massachusetts | Massachusetts | 2022-02-24 | Denied | Response WaivedIFP | and whether Massachusetts's appellate review prov appellate-review collateral-review criminal-procedure equal-protection ineffective-assistance ineffective-counsel postconviction-review procedural-default sixth-amendment | 1. When a court issues a procedural ruling not to extend the benefits of a new rule collaterally to those who did not preserve their claim, does the S… |
| 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… |
| 21-7147 | Sergio Alberto Arzate-Gameroz v. United States | Fifth Circuit | 2022-02-17 | Denied | Response WaivedIFP | case-precedent criminal-law criminal-procedure due-process fifth-circuit judicial-review overrule sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 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 … | |
| 21-1126 | Taylor Arnett, et al. v. Kansas | Kansas | 2022-02-15 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | apprendi-v-new-jersey criminal-punishment criminal-restitution due-process jury-determination jury-trial reasonable-doubt sentencing-facts sixth-amendment | In a series of decisions beginning with Apprendi v. New Jersey, 530 U.S. 466 (2000), the Court has held that the Sixth Amendment (incorporated against… |
| 21-7113 | Gerald Wayne Jako, Jr. v. West Virginia | West Virginia | 2022-02-15 | Denied | IFP | conflict-of-interest criminal-representation cuyler-v-sullivan ineffective-assistance inside-job-theory plea-bargain presumption-of-prejudice sixth-amendment sixth-amendment-right-to-counsel staged-crime witness-unavailability | I. Attorney Panepinto made two separate "eleventh hour" disclosures before trial, with the latter discussing his prior representation and social relat… |
| 21-7128 | Cornelius Riley v. United States | Third Circuit | 2022-02-15 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment constitutional-rights criminal-procedure criminal-sentencing drug-offense due-process fifth-amendment jury-trial sentencing-guidelines sixth-amendment | Should this Honorable Court extend the reasoning of Apprendi, Alleyne, and Peugh to cases where a defendant's sentencing guideline range increases sig… |
| 21-7096 | Daniel Lee Reed v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2022-02-10 | Denied | IFP | 6th-amendment certificate-of-appealability constitutional-error habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice procedural-bar sixth-amendment | QUESTION #1). Did the Fifth Circuit Court of Appeals err in denying Petitioner a Certificate of Appealibility where the record holds a clear showing… |
| 21-7082 | William Speer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2022-02-09 | Denied | IFP | capital-punishment capital-sentencing double-edged-evidence eighth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence sixth-amendment strickland-standard strickland-v-washington | In federal habeas proceedings, Petitioner William Speer presented a claim of ineffective assistance of trial counsel for failure to investigate and pr… |
| 21-7071 | Keaon Wilson v. United States | Third Circuit | 2022-02-08 | Denied | Response WaivedIFP | constitutional-rights due-process juror-misconduct juror-numbers jury-selection mix-up sixth-amendment structural-error trial-procedure | IS IT STRUCTURAL ERROR IN VIOLATION OF THE SIXTH AMENDMENT FOR A JUROR TO SIT ON A JURY WHEN THAT JUROR WAS NOT ACTUALLY SELECTED TO BE ON THE JURY DU… |
| 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 … |
| 21-7016 | Tony Gonzalez v. Rhode Island | Rhode Island | 2022-02-01 | Denied | Response WaivedIFP | abuse-of-discretion brady-violation cellphone-search criminal-procedure due-process fourth-amendment jury-selection jury-venire motion-to-suppress sixth-amendment standing | Did the trial Justice err, when the Jury Venire challenge, had been inappropriately addressed, concerning a proper sixth Amendment challenge? And Tria… |
| 21-7025 | Derrick Garrell Samuels v. United States | Sixth Circuit | 2022-02-01 | Denied | Response WaivedIFP | confrontation-rights due-process equal-protection expert-testimony fair-trial fifth-amendment jury-composition jury-selection prosecutorial-misconduct racial-discrimination sixth-amendment | Should a writ of certiorari been granted to determine if Samuel's Fifth Amendment rights were violated when he was forced to proceed to trial as the o… |
| 21-7033 | Oscar Alvarado v. Eric Tice, Superintendent, State Correctional Institution at Somerset, et al. | Third Circuit | 2022-02-01 | Denied | Response WaivedIFP | appellate-review co-defendant-statement confrontation-clause harmless-error ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment sufficiency-of-evidence | I. Whether the United States Court of Appeal's for the Third Circuit entered a decision in conflict with the decision of several other United States C… |
| 21-7006 | Juan Jaime-Guzman v. United States | Fifth Circuit | 2022-01-28 | Denied | Response WaivedIFP | almendarez-torres-v-united-states apprendi-v-new-jersey constitutional-rights criminal-procedure indictment prior-conviction prior-convictions sentencing sentencing-enhancement sixth-amendment | I. Can a court, consistent with the Sixth Amendment, impose a statutorily enhanced sentence based on the fact of a prior conviction never alleged in t… |
| 21-6993 | Damon Willis v. United States | Eighth Circuit | 2022-01-27 | Denied | Response WaivedIFP | 2nd-amendment criminal-law due-process fifth-amendment firearm-possession firearms jury-instruction jury-instructions prohibited-status rehaif-v-united-states sixth-amendment sovereign-citizen | Does Rehaif v. United States preclude a jury instruction that the federal government must prove a defendant knew his prohibited status made it illegal… |
| 21-6970 | Nigel Kinte Wright v. Steven Rivard, Warden | Sixth Circuit | 2022-01-26 | Denied | Response WaivedIFP | criminal-trial cumulative-errors due-process evidentiary-errors fundamental-fairness fundamental-unfairness harmless-error judicial-review sixth-amendment | To what extent is the test for analyzing whether cumulative evidentiary errors created a fundamentally unfair criminal trial coextensive with the test… |
| 21-6930 | Juan Rivera-George, aka Tio v. United States | First Circuit | 2022-01-20 | Denied | Response WaivedIFP | confrontation cross-examination-limitation fair-trial hearsay-admission impartial-jury impeachment-evidence jury-bias jury-impartiality sentencing sentencing-disparity sixth-amendment sixth-amendment-right | 1. Whether Juan Rivera-George ("Juan") was deprived of his Sixth Amendment right to a fair trial by an impartial jury when the District Court failed t… |
| 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… |
| 21-996 | Yonell Allums v. United States | Second Circuit | 2022-01-13 | Denied | Amici (2)Response Waived | as-applied-challenge booker-decision criminal-sentencing judicial-discretion reasonable-sentence rita-decision sentencing-guidelines sentencing-reform-act sixth-amendment sixth-amendment-violation | In United States v. Booker, 543 U.S. 220 (2005), this Court held that the United States Sentencing Guidelines violated the Sixth Amendment because the… |
| 21-6817 | Rufus B. Jones v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2022-01-12 | Denied | Response WaivedIFP | 28-usc-2253 certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer sixth-amendment stand-your-ground victim-deposition | 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… |
| 21-6827 | Ryan Thomas Pick v. Virginia | Virginia | 2022-01-12 | Denied | Response WaivedIFP | civil-rights criminal-procedure due-process eighth-amendment electronic-surveillance fifth-amendment fourth-amendment free-speech miranda-rights search-and-seizure sixth-amendment standing | 1. Are citizen's Fourth Amendment rights impinged and Electronic Communication and Privacy Act statutes violated when police intercept private electro… |
| 21-6831 | Albert L. Richardson, Jr. v. United States | Seventh Circuit | 2022-01-12 | Denied | Response WaivedIFP | certificate-of-appealability drug-effects habeas-corpus ineffective-assistance-of-counsel sixth-amendment taped-interrogation | Question not identified. |
| 21-6793 | Markette Tillman v. United States | Ninth Circuit | 2022-01-10 | Denied | Response WaivedIFP | appeals-court attorney-dismissal attorney-firing clear-error constitutional-rights interlocutory interlocutory-appeal sixth-amendment speedy-trial | 1. Where the appeals court previously found that it was clear error to fire a defendant's attorney in an interlocutory context, does the Sixth Amendme… |
| 21-6775 | Temne Adah Hardaway v. United States | Eighth Circuit | 2022-01-07 | Denied | Response WaivedIFP | conspiracy conspiracy-law constitutional-interpretation criminal-procedure financial-transactions money-laundering sixth-amendment specified-unlawful-activity venue venue-jurisdiction | In United States v. Cabrales, 524 U.S. 1, 2 (1998) this Court and the Eighth Circuit held in a substantive money laundering charge that venue is impro… |
| 21-6771 | Charles Reddicks v. Massachusetts | Massachusetts | 2022-01-06 | Denied | Response WaivedIFP | criminal-records equal-protection fourteenth-amendment impartial-jury jury-selection race-neutral racial-discrimination sixth-amendment | Whether permitting the Government to run criminal records for potential jurors, then use the records of the record check to strike jurors of color, vi… |
| 21-976 | Gregory Thomas Wilson v. Florida | Florida | 2022-01-06 | Denied | attorney-client-privilege civil-rights expectation-of-privacy fourth-amendment jail-visitation legal-rights reasonable-expectation-of-privacy sixth-amendment surveillance | Whether an attorney has reasonable "expectation of privacy" when meeting with clients in the jail attorney visitation room - thereby rendering the act… | |
| 21-6757 | Dimitar Petlechkov v. United States | Sixth Circuit | 2022-01-04 | Denied | Response WaivedIFP | certificate-of-appealability due-process effective-assistance-of-counsel fair-trial fifth-amendment first-amendment judicial-review judicial-reviewability perjury sixth-amendment | Question 1: Is judicial reviewability of a trial attorney's failure to impeach a key prosecution witness with regard to the most critical and material… |
| 21-6761 | Patrick Killen, Jr. v. United States | Eleventh Circuit | 2022-01-04 | Denied | Response WaivedIFP | 4th-amendment 5th-amendment 6th-amendment due-process fifth-amendment fourth-amendment mlat mlat-evidence search-warrant sixth-amendment | Whether this Court should visit the issue of allowing law enforcement to gather information initiated by the United States to use a Mutual Legal Assis… |
| 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 … | |
| 21-6724 | Carl Thompson v. Alaska | Alaska | 2021-12-23 | Denied | Response WaivedIFP | criminal-procedure due-process habeas-corpus incompetent-counsel ineffective-assistance-of-counsel jurisdiction sixth-amendment supremacy-clause | Can a trial court lose its jurisdiction when a defendant who has incompetent representation, that is established under prevailing Sixth Amendment stan… |
| 21-6700 | Tremaine Rashon Wray v. Dennis Bush, Warden | Fourth Circuit | 2021-12-22 | Denied | Response WaivedIFP | appellate-procedure constitutional-rights due-process effective-assistance-of-counsel expert-witness forensic-evidence fourteenth-amendment ineffective-assistance-of-counsel post-conviction-review sixth-amendment | Whether Petitioner was denied his Sixth Amendment right to effective assistance of counsel at the PCR hearing, by trial Counsel's failure to object to… |
| 21-6702 | Oscar Porter v. Steven Johnson, Administrator, New Jersey State Prison, et al. | Third Circuit | 2021-12-22 | Denied | Response WaivedIFP | 28-usc-2254 alibi-witness alibi-witnesses criminal-trial eyewitness-identification eyewitness-testimony habeas-corpus identification ineffective-assistance ineffective-assistance-of-counsel sixth-amendment | 1. Is the Sixth Amendment violated when trial counsel pre-judges and excludes close friends and family from testifying as alibi witnesses without inve… |
| 21-6705 | Robert Tracy Warterfield v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-12-22 | Denied | IFP | aedpa certificate-of-appealability conflict-of-interest contracts-clause district-court due-process final-judgment habeas-corpus interlocutory-appeal jurisdiction plea-agreement sixth-amendment | 1) Does a United States.Court of Appeals have jurisdiction pursuant to 28 U.S.C. §1291 to deny a Motion for a Certificate of Appealability when the Di… |
| 21-6711 | Darius Smith v. United States | District of Columbia | 2021-12-22 | Denied | Response WaivedIFP | competency due-process effective-assistance guilty-plea ineffective-assistance-of-counsel intellectual-disabilities intellectual-disability mental-competency mental-illness plea-proceeding sixth-amendment | 1. Whether Petitioner's Fifth Amendment right to Due Process was violated where the record demonstrated that he had mental illness and intellectual di… |
| 21-6689 | Daniel Lawrence McGarry v. California | California | 2021-12-21 | Denied | IFP | criminal-procedure preliminary-hearing probable-cause sixth-amendment speedy-trial state-criminal-proceeding | Is California's current definition of probable cause as used at preliminary hearings deficient under U.S. Supreme Court precedent, and does it thus vi… |
| 21-6693 | Joey Rogers v. Louisiana | Louisiana | 2021-12-21 | Denied | Response RequestedResponse WaivedRelisted (8)IFP | constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel mental-capacity mental-competence plea-bargaining plea-coercion sentencing sixth-amendment | 1. Were the Due Process rights of Joey Rogers ignored by the Louisiana Courts when they maintained a plea made by the vulnerable, illiterate, hearing … |
| 21-6695 | John Scott Cramer v. Missouri | Missouri | 2021-12-21 | Denied | Response WaivedIFP | collateral-consequences counsel-advice criminal-defense due-process ineffective-assistance ineffective-assistance-of-counsel parole parole-eligibility sixth-amendment | Whether the Sixth Amendment protects criminal defendants who rely on defective advice from counsel regarding critical, non-deportation collateral cons… |
| 21-6681 | Eric Michael Crapser v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2021-12-20 | Denied | IFP | circuit-split criminal-procedure ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions lesser-included-offense sixth-amendment strickland-standard strickland-v-washington | Whether the Court should resolve the following question for which there is a clear circuit split: does the Court's holding in Strickland v. Washington… |
| 21-6649 | Paul J. Hultman v. Daniel Paramo, Warden | Ninth Circuit | 2021-12-17 | Denied | Response WaivedIFP | due-process evidentiary-hearing fourteenth-amendment habeas-corpus ineffective-assistance juror-misconduct presumption-of-prejudice sixth-amendment | I Were the Sixth and Fourteenth Amendments violated when a juror admitted viewing unadmitted evidence during deliberations and stated that her verdic… |
| 21-6653 | Urban Fermin v. Anthony J. Annucci, Acting Commissioner, New York Department of Corrections and Community Supervision | Second Circuit | 2021-12-17 | Denied | IFP | business-records confrontation-clause criminal-procedure dna-evidence evidence hearsay hearsay-exception sixth-amendment | Whether the business record exception to hearsay survives the United States Constitution's Sixth Amendment Confrontation Clause when the regularly con… |
| 21-6657 | Joshua Reshi Dudley v. United States | Eleventh Circuit | 2021-12-17 | Denied | IFP | armed-career-criminal-act criminal-procedure occasions-different occasions-test prior-conviction prior-convictions sentencing sentencing-enhancement shepard-v-united-states sixth-amendment | I. Whether the Sixth Amendment limits a sentencing court, when determining whether a defendant's prior offenses were "committed on occasions different… |
| 21-6638 | Michael Lewis Gibbons v. Missouri | Missouri | 2021-12-16 | Denied | Response WaivedIFP | 6th-amendment alleged-victim contradictory-testimony criminal-procedure due-process impartial-juror inconsistent-statements judicial-impartiality no-physical-evidence physical-evidence sixth-amendment witness-testimony | Given 1) Inconsistent statements by the alledged victim 2) At least one statement by the alledged victim that is not physically possible 3) The 2 main… |
| 21-6645 | Robert Brandon Bilus v. United States | Eleventh Circuit | 2021-12-16 | Denied | Response WaivedIFP | circuit-court constitutional-interpretation criminal-procedure due-process judicial-precedent jurisdiction plea-bargaining precedent sixth-amendment | Whether the Eleventh Circuit entered a decision that misapplies the precedent of this Court and as a result, violates the Sixth Amendment to the Unite… |
| 21-6623 | Gustav Kloszewski v. United States | Second Circuit | 2021-12-15 | Denied | Response WaivedIFP | attorney-client-privilege constitutional-rights court-appointed-counsel criminal-procedure fifth-amendment ineffective-assistance-of-counsel sixth-amendment | Was Kloszewski's Fifth and Sixth amendment rights violated when court appointed counsel divulged conversations of other uncharged/unrelated offenses i… |
| 21-882 | Esteban Gaspar-Felipe v. United States | Fifth Circuit | 2021-12-15 | Denied | Amici (4)Response Waived | 5th-amendment 6th-amendment acquitted-conduct criminal-sentencing due-process fifth-amendment jury-trial sixth-amendment | 1. Whether the Fifth Amendment's Due Process Clause prohibits a federal court from basing a criminal defendant's sentence on a charge of which a jury … |
| 21-873 | Damon Goodloe v. Christine Brannon, Warden | Seventh Circuit | 2021-12-14 | Denied | Response Waived | confrontation-clause criminal-procedure custody due-process show-up show-up-identification sixth-amendment witness-testimony | Whether the Confrontation Clause of the Sixth Amendment permits the prosecution to introduce statements elicited at a show-up conducted after the lone… |
| 21-6606 | Akil Tymes v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2021-12-14 | Denied | IFP | counsel-communication criminal-procedure duty-to-communicate favorable-plea-offer ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-bargaining sixth-amendment strickland-standard strickland-v-washington | 1) Does counsel perform deficiently in duties/responsibility, to fully inform a defendant during the plea bargaining process, per Missouri v. Frve. 13… |
| 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 … | |
| 21-6556 | Richard Bernard Grundy, III v. United States | Seventh Circuit | 2021-12-10 | Denied | Response WaivedIFP | court-appointed-counsel criminal-procedure due-process faretta-v-california fifth-amendment judicial-discretion self-representation sixth-amendment | Whether the United States Court of Appeals for the Seventh Circuit and the District Court deprived Richard Grundy of his Fifth and Sixth Amendment rig… |
| 21-6557 | Tekoa Glover v. United States | Fourth Circuit | 2021-12-10 | Denied | Response WaivedIFP | appellate-review circuit-split criminal-procedure guilty-plea non-jurisdictional-claim sixth-amendment waiver withdrawal | DID THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERR BY RULING THAT MR. GLOVER WAIVED HIS SIXTH AMENDMENT CLAIMS BY ENTERING A GUILTY PLE… |
| 21-6567 | Dion Brown v. Illinois | Illinois | 2021-12-09 | Denied | IFP | criminal-defense fourteenth-amendment home-invasion ineffective-assistance ineffective-assistance-of-counsel prior-inconsistent-statement reasonable-doubt reasonable-investigation sixth-amendment | Whether the Petitioner's trial attorney was ineffective for failing to conduct a reasonable investigation into a potential defense witness, which led … |
| 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… |
| 21-6512 | Jason Kiger v. Tim Hooper, Warden | Louisiana | 2021-12-06 | Denied | Response WaivedIFP | capital-offense constitutional-interpretation constitutional-law criminal-procedure criminal-statute due-process jury-trial legislative-amendment legislative-power sixth-amendment statutory-interpretation unanimous-verdict | Louisiana voted to change its Constitution to require unanimous verdicts in non-capital cases where they were not required before. In 1997 and 1998, w… |
| 21-6500 | Jermaine Neal v. Mississippi | Mississippi | 2021-12-03 | Denied | Response WaivedIFP | actual-innocence constructive-amendment criminal-investigation due-process false-confession fifth-amendment fourteenth-amendment perjury self-incrimination sixth-amendment | 1. WHEN A CITIZEN OF THE UNITED STATES BECOMES A SUSPECT IN A CRIMINAL INVESTIGATION FOR HOMICIDE, AND FIRST, AS A RESULT OF BADGERING AND PESTERING F… |
| 21-6505 | Bryan Bostick v. United States | District of Columbia | 2021-12-03 | Denied | Response WaivedIFP | constitutional-rights juror-impartiality jury-bias remmer severance sixth-amendment trial-court voir-dire | Was Appellant Deprived of A Meaningful Opportunity To Demonstrate Jury Bias After His Sixth Amendment Safeguards Were Violated When The Trial Court De… |
| 21-6490 | Earl McCoy v. United States | Second Circuit | 2021-12-02 | GVR | Relisted (2)IFP | appellate-review crime-of-violence fair-trial hobbs-act impartial-jury juror-bias jury-impartiality mcdonough-standard new-trial sixth-amendment | Whether the Court of Appeals erred in analyzing the Petitioner's Sixth Amendment right to trial by a fair and impartial jury by only applying the McDo… |
| 21-6469 | Glen Campbell v. J. LaManna | Second Circuit | 2021-12-01 | Denied | IFP | cause-and-prejudice constitutional-claims counsel-ineffectiveness criminal-procedure evidentiary-hearing prosecutorial-misconduct sixth-amendment | 1). Whether the District Court overlooked Constitutional Claims and Cause and Prejudice. 2). Whether petitioner was intitled to an Evidentiary Hearin… |
| 21-6437 | J. S. v. Kansas | Kansas | 2021-11-30 | Denied | Response WaivedIFP | appeal constitutional-rights due-process effective-counsel fourteenth-amendment ineffective-assistance right-to-appeal sixth-amendment | 1. Did J.S. have a Fourteenth Amendment right to be advised by the Court of his right to appeal? 2. Did J.S. have a right to appeal out of time, beca… |
| 21-6450 | Steven Zinnel v. United States | Ninth Circuit | 2021-11-30 | Denied | Response WaivedIFP | apprendi-v-new-jersey criminal-procedure gall-v-united-states jury-determination sentencing sentencing-enhancement sentencing-guidelines sixth-amendment substantive-reasonableness substantive-unreasonableness | Any fact that increases the penalty to which a defendant is exposed constitutes an element of a crime under and must be found by a jury, not a judge. … |
| 21-6460 | Truman Jones v. United States | Third Circuit | 2021-11-30 | Denied | Response WaivedIFP | criminal-procedure dismissal-with-prejudice due-process judicial-discretion prejudice remand sixth-amendment speedy-trial speedy-trial-act statutory-interpretation | 1. Whether the district court's refusal to accurately compute the extent of a Speedy Trial Act violation and to consider the government's district wid… |
| 21-6435 | James Worley v. Ohio | Ohio | 2021-11-29 | Denied | IFP | capital-conviction capital-punishment constitutional-rights fair-jury fifth-amendment fourteenth-amendment jury-selection sixth-amendment voir-dire | Is a capital conviction and sentence in valid and imposed in violation of the capital defendant's constitutional rights to a fair jury under the Fifth… |
| 21-6404 | Ngoc Hong Nguyen v. United States | Fifth Circuit | 2021-11-24 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment parole sentencing sixth-amendment | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 21-6409 | Stephen Harmer v. Eric Armel, Superintendent, State Correctional Institution at Fayette, et al. | Third Circuit | 2021-11-24 | Denied | Response WaivedIFP | attorney automatic-reversal conflict-of-interest criminal-procedure defendant due-process holloway-doctrine ineffective-assistance judicial-inquiry sixth-amendment trial-judge | 1. Does Holloway demand automatic reversal when a trial judge fails to inquire into a known conflict that a defendant could not object to because his … |
| 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… |
| 21-6389 | Thamud Eldridge v. United States | Second Circuit | 2021-11-23 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | 18-usc-924(c)(1)(A) attempted-hobbs-act-robbery attempted-robbery categorical-crime-of-violence crime-of-violence hobbs-act sixth-amendment speedy-trial speedy-trial-right statutory-interpretation united-states-v-taylor | Whether attempted Hobbs Act robbery, in violation of 18 U.S.C. § 1951(a), is a categorical crime of violence under 18 U.S.C. § 924(c)(1)(A). This Cour… |
| 21-6391 | Hai A. Duong v. Darryl Vannoy, Warden | Louisiana | 2021-11-23 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment constitutional-law constitutional-rights criminal-procedure due-process jury-unanimity legislative-amendment non-unanimous-verdict sixth-amendment statutory-interpretation | Louisiana voted to change its Constitution to require unanimous verdicts in non-capital cases where they were not required before. In 1997 and 1998, w… |
| 21-6393 | Michael Lawrence Woodbury v. Florida | Florida | 2021-11-23 | Denied | IFP | competency-standard due-process fourteenth-amendment indiana-v-edwards mental-illness self-representation sixth-amendment | Whether the Florida Supreme Court, rather than applying a heightened standard for competency to represent oneself for defendants with severe mental il… |
| 21-764 | Patrick Huff v. Florida | Florida | 2021-11-23 | Denied | Amici (2)Response RequestedResponse WaivedRelisted (2) | constitutional-rights courtroom-closure criminal-procedure first-amendment public-access sixth-amendment trial-procedure waller-analysis waller-v-georgia | Whether, as the court below and two other states hold, trial courts may close a courtroom pursuant to a closure statute without undertaking the Waller… |
| 21-6363 | Diane Arellano v. Jeremy Howard, Warden | Sixth Circuit | 2021-11-22 | Denied | Response WaivedIFP | 6th-amendment appellate-review civil-rights constitutional-violation criminal-procedure cumulative-effect-of-error due-process effective-assistance-of-counsel ineffective-counsel miranda-rights sixth-amendment | I. ft go against Krr USiCcKfr. Amend. \Z£rr'ght tc> 3. Speedy trial > that- 3-fi exiting d/>^ <Lcu t 8hi'm*?s t© r«^«ste>n£i v/iolafe h?c 7 0c« her re… |
| 21-6367 | Dacoby Reshard Wooten v. Florida | Florida | 2021-11-22 | Denied | Response WaivedIFP | alternative-theories criminal-procedure felony-murder first-degree-murder jury-unanimity premeditated-murder sixth-amendment | Whether the Sixth Amendment requires jury unanimity as to whether a defendant committed premeditated murder or felony murder when the state proceeds o… |
| 21-6375 | Thomas Dudney v. Jeff Macomber, Warden | Ninth Circuit | 2021-11-22 | Denied | IFP | certificate-of-appealability confrontation-clause due-process exculpatory-evidence hearsay-evidence ineffective-assistance ineffective-assistance-of-counsel perjury sixth-amendment | Thomas Dudney's conviction when actually innocent highlights a national issue: the unacceptably high rate of such convictions, reflected in numerous e… |
| 21-6340 | Troy Wayne Harmon v. Texas | Texas | 2021-11-19 | Denied | IFP | constitutional-rights court-of-appeals criminal-procedure evidence evidence-rules fourteenth-amendment inconsistent-opinion informant-privilege material-witness sixth-amendment | 1. The trial court refused to allow Petitioner to call a material witness that could significantly aid in his defense -and complied with the Rules O… |
| 21-6341 | Donald D. Foltz, Jr. v. Wyoming Department of Corrections, et al. | Tenth Circuit | 2021-11-19 | Denied | Response WaivedIFP | due-process equal-protection fourteenth-amendment implied-bias jury-bias jury-selection prosecutorial-misconduct reasonable-doubt sixth-amendment | 1. Was the seating of juror who should have been dismissed for cause requires reversal because implied biased applies to Juror foreman, 1301, married … |
| 21-6361 | Marcus Crawley, aka Holyfield v. United States | Fourth Circuit | 2021-11-19 | Denied | Response WaivedIFP | constitutional-vagueness criminal-procedure davis-v-united-states due-process judicial-review plea-agreement plea-bargaining sentencing sixth-amendment statutory-interpretation | If a defendant pleaded guilty to a § 924(c) charge and a predicate crime of violence that is no longer valid after Davis, may a reviewing court search… |
| 21-6307 | Donald James Smith v. Florida | Florida | 2021-11-17 | Denied | IFP | capital-case capital-punishment criminal-procedure due-process eighth-amendment fair-trial penalty-phase prosecutorial-misconduct sixth-amendment victim-impact | Was petitioner's right to a fair "penalty phase" trial violated when the prosecutor told the jurors, during closing arguments in the guilt phase, that… |
| 21-6277 | Jordan Adonis Rawls v. Pennsylvania | Pennsylvania | 2021-11-16 | Denied | Response WaivedIFP | criminal-charges criminal-prosecution custodial-interrogation due-process miranda-warnings patterson-v-illinois police-disclosure sixth-amendment | WHETHER POLICE, TO PROTECT A PERSON'S SIXTH AMENDMENT RIGHTS, MUST DO MORE THAN ADMINISTER MIRANDA WARNINGS WHEN THE INDIVIDUAL IS SUBJECT TO POLICE C… |
| 21-6289 | Norris Deshon Andrews v. United States | Eighth Circuit | 2021-11-16 | Denied | IFP | armed-career-criminal-act judicial-fact-finding jury-trial jury-trial-rights predicate-crimes predicate-crimes-of-violence sentencing sixth-amendment | Whether the sentencing court violated Petitioner's Sixth Amendment jury trial rights by engaging in judicial fact-finding that two alleged assault con… |
| 21-6297 | Henry Cervantes and Jaime Cervantes v. United States | Ninth Circuit | 2021-11-16 | Denied | Response WaivedIFP | criminal-procedure criminal-sentencing federal-statute jury-trial obstruction-of-justice official-proceeding sentencing sixth-amendment statutory-interpretation | As to both petitioners, 1. Whether the federal obstruction of justice statute, 18 U.S.C. §1512(c)(2) (obstruction of an official proceeding), can be … |
| 21-6268 | Cesar Martinez v. United States | First Circuit | 2021-11-15 | Denied | Response WaivedRelisted (2)IFP | criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment jury-acquittal sentencing-enhancement sixth-amendment trial-by-jury | Whether basing a criminal defendant's sentence on conduct underlying a charge for which the jury acquitted him violates his rights to due process and … |
| 21-6272 | Igor Perlov v. California | California | 2021-11-15 | Denied | Response WaivedIFP | credibility credibility-determination criminal-charge due-process harmless-error jury-instruction reasonable-doubt sixth-amendment | A jury convicted petitioner of unlawful possession of ammunition, which police found in a cardboard box in the trunk of his car. Petitioner testified … |
| 21-6273 | Nathan R. Rollins, Jr. v. United States | Tenth Circuit | 2021-11-15 | Denied | Response WaivedIFP | advisory-sentencing-guidelines booker-standard criminal-conduct criminal-sentencing due-process fifth-amendment preponderance-of-evidence preponderance-of-the-evidence sentencing-guidelines sixth-amendment united-states-v-booker | Mr. Rollins plead guilty to single charge of possessing a firearm after conviction of a felony. The offense of conviction resulted in an advisory sent… |
| 21-6250 | Joel Rivera-Alejandro v. United States | First Circuit | 2021-11-12 | Denied | Response WaivedIFP | 6th-amendment constitutional-rights due-process excessive-delay fifth-amendment indictment multi-defendant sixth-amendment speedy-trial trial-delay | Whether Petitioners Constitutional Fifth Amendment's Right to Due Process of Law and his Sixth Amendment Right to a Speedy Trial were violated when hi… |
| 21-6253 | Baltazar Aguirre-Rivera v. United States | Fifth Circuit | 2021-11-12 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment jury-trial mandatory-minimum sentencing sixth-amendment special-interrogatory | When a jury's answer to a special interrogatory negates an element of the charged offense, must a district court enter a judgment of acquittal when th… |
| 21-6229 | Kyle Shirakawa Handley v. California | California | 2021-11-10 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | apprendi charging-document criminal-procedure due-process notice notice-requirements sentencing-enhancement sentencing-enhancements sixth-amendment | 1. Whether the 1936 rule set forth in People v Britton , 6 Cal.2d 1 -- that facts which expose a defendant to substantially enhanced punishment need n… |
| 21-6201 | Reginald Kindle v. Florida | Florida | 2021-11-09 | Denied | Response WaivedIFP | criminal-procedure jury-trial preponderance-of-evidence recidivism sentencing sentencing-enhancement sixth-amendment statutory-maximum | Whether a sentencing court violates a defendant's Sixth Amendment right to a jury trial when it finds by a preponderance of the evidence that he commi… |
| 21-6215 | Lawrence Oakie, aka LBJ v. United States | Eighth Circuit | 2021-11-09 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure due-process fifth-amendment sentencing sixth-amendment | Whether the use of acquitted conduct to determine a defendant's sentence violates the Fifth and Sixth Amendments. |
| 21-6227 | Misael Cordero v. Jonathan Gramp, Administrator, East Jersey State Prison | Third Circuit | 2021-11-09 | Denied | IFP | circuit-split due-process effective-assistance-of-counsel false-testimony government-misconduct habeas-corpus ineffective-assistance-counsel sixth-amendment | 1. Which divided Courts of Appeals are correct: the Eleventh, Fifth and Second Circuits holding that a due process violation occurs when the governme… |
| 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… |
| 21-6187 | James E. Lyons v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2021-11-05 | Denied | Response WaivedIFP | certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel postconviction-relief sixth-amendment | WHETHER THE 11TH CIRCUIT COURT OF APPEALS SHOULD HEAR AND RULE UPON PETITIONER'S CERTIFICATE OF APPEALABILITY THAT WAS DENIED AND ALLEGED THAT TRIAL C… |
| 21-6195 | Ronald C. Fairchild v. Kentucky | Kentucky | 2021-11-05 | Denied | IFP | constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment martinez-claim martinez-v-ryan post-conviction-relief sixth-amendment | Did the Kentucky Court of Appeals allow Mr. Fairchild 's right 's under the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution,… |
| 21-6156 | Vilasini Ganesh v. United States | Ninth Circuit | 2021-11-03 | Denied | Amici (1)Response WaivedIFP | calendar-management conflict-of-interest counsel-conflict counsel-substitution criminal-procedure defendant-rights due-process sixth-amendment substitution trial-court-discretion | A. Do Sixth Amendment safeguards require trial courts to inquire into existing conflicts between counsel and the defendant before a trial court may de… |
| 21-653 | Harold Lee Harvey, Jr. v. Florida | Florida | 2021-11-03 | Denied | Relisted (2) | autonomy-right counsel-override criminal-defense criminal-procedure defendant-autonomy due-process first-degree-murder ineffective-assistance-of-counsel mccoy-v-louisiana sixth-amendment | Is the Sixth Amendment autonomy right established in McCoy violated where counsel overrode an express agreement with the defendant to not concede guil… |
| 21-6146 | Keenan Rollerson v. United States | Seventh Circuit | 2021-11-02 | Denied | Response WaivedIFP | criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment jury-trial sentencing sixth-amendment | Whether a sentencing judge increasing a criminal defendant's punishment for acts charged but acquitted by the jury violates the jury trial guarantee o… |
| 21-6149 | Domingo Palma v. Massachusetts | Massachusetts | 2021-11-02 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fair-trial fourteenth-amendment mistrial prosecutorial-misconduct sixth-amendment | Are the Sixth and Fourteenth Amendments violated by a trial court's refusal to grant a mistrial where a prosecution witness injects groundless, irrele… |
| 21-6152 | Keith Arthur Vinson v. United States | Fourth Circuit | 2021-11-02 | Denied | Response WaivedIFP | 6th-amendment certificate-of-appealability counsel-performance criminal-defense criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargain sixth-amendment | 1. Did the Court of Appeals err in denying a certificate of appealability over trial counsel's potential ineffectiveness in the plead-vs-trial decisio… |
| 21-6159 | Michael Skinner v. Florida | Florida | 2021-11-02 | Denied | Response WaivedRelisted (2)IFP | evidentiary-hearing fair-trial guilty-verdict impartial-jury juror-misconduct sixth-amendment sixth-amendment-violation | 1. Whether the Sixth Amendment right to a fair trial before an impartial jury would require an evidentiary hearing, following the disposition of a tri… |
| 21-6074 | Nikolas Gacho v. Illinois | Illinois | 2021-11-01 | Denied | IFP | criminal-procedure due-process ineffective-assistance plea-admonishment plea-negotiations prejudice sixth-amendment | I. Does a plea admonishment cure all prejudice and preclude a defendant from challenging counsel's representation during the plea negotiations process… |
| 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… |
| 21-6132 | Shelton Marbury v. United States | District of Columbia | 2021-10-29 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process external-influence government-burden jury jury-influence presumption-of-prejudice sixth-amendment | Whether under the Sixth Amendment, once a defendant has presented evidence that an external influence has reached his jury, a presumption of prejudice… |
| 21-623 | Anthony Penton v. A. Malfi, Warden | Ninth Circuit | 2021-10-28 | Denied | Amici (1)Response Waived | brady-evidence brady-v-maryland criminal-procedure due-process fifth-amendment prior-convictions prosecutorial-misconduct sentencing-enhancement sixth-amendment suppressed-evidence | 1. Whether evidence covered by Brady v. Maryland, 373 U.S. 83 (1963), and withheld by prosecutors is considered suppressed under the Fifth Amendment r… |
| 21-6098 | Hector Enamorado, aka Vida Loca v. United States | First Circuit | 2021-10-27 | Denied | IFP | bruton-doctrine bruton-v-united-states codefendant-confession confrontation-clause criminal-procedure evidence multi-defendant-trial multi-defendant-trials rico-conspiracy sixth-amendment | Petitioner Hector Enamorado was convicte d on a single count of conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (RICO), … |
| 21-618 | Armand Jones v. Mississippi | Mississippi | 2021-10-27 | Denied | Response RequestedResponse WaivedRelisted (2) | codefendant-conduct codefendant-liability confrontation-clause confrontation-right criminal-procedure forfeiture-by-wrongdoing sixth-amendment testimonial-evidence witness-unavailability | Whether a defendant forfeits his Sixth Amendment right to confront a witness against him when the defendant did not engage in conduct designed to prev… |
| 21-619 | Hugo Reyes-Morales v. Maryland | Maryland | 2021-10-27 | Denied | Response Waived | criminal-defense criminal-procedure due-process immigration-consequences ineffective-assistance padilla-v-kentucky plea-bargaining sixth-amendment strickland-standard strickland-v-washington | If "the deportation consequences of a particular plea are unclear or uncertain…a criminal defense attorney need do no more than advise a noncitizen cl… |
| 21-6081 | Gerund Mickens, aka Breeze v. United States | Second Circuit | 2021-10-26 | Denied | Response WaivedIFP | brady-disclosure brady-v-maryland confrontation-clause criminal-investigation due-process evidence-preservation fifth-amendment sixth-amendment | Whether Brady v. Maryland, 373 U.S. 83 (1963), the due process clause of the Fifth Amendment, and the confrontation clause of the Sixth Amendment and … |
| 21-6082 | Craig D. Miller v. Illinois | Illinois | 2021-10-26 | Denied | Response WaivedIFP | appellate-review fundamental-fairness illinois-post-conviction-statute indigent-defense ineffective-assistance ineffective-assistance-of-counsel reliability-of-proceedings sixth-amendment strickland-standard strickland-v-washington | Whether Illinois courts' mechanical, outcome-based approach to the Strickland standard, which routinely requires affirmative proof of a different outc… |
| 21-6083 | James Osgood v. Alabama | Alabama | 2021-10-26 | Denied | IFP | capital-punishment credibility-determinations death-penalty juror-challenge jury-selection sentencing-determination sixth-amendment trial-court witherspoon-v-illinois | Can a reviewing court, consistent with the Sixth Amendment, uphold a challenge for cause in a capital case on the basis of a potential juror's persona… |
| 21-6087 | Maria Vargas-Luna v. United States | Fifth Circuit | 2021-10-26 | Denied | Response WaivedIFP | advisory-guidelines criminal-law criminal-procedure drug-conspiracy fact-finding judicial-fact-finding jury-trial-right reasonable-doubt sentencing sentencing-guidelines sixth-amendment | Petitioner pleaded guilty to conspiracy to possess with intent to distribute a controlled substance. She admitted to the district court that approxima… |
| 21-6042 | Marques Smith v. United States | Eighth Circuit | 2021-10-22 | Denied | Response WaivedIFP | 11th-hour criminal-procedure discovery discovery-review due-process fair-trial sixth-amendment trial-preparation | (1) Does the District of South Dakota's Standing Order 16-04, which prohibits a defendant from independent review their discovery, deny defendants of … |
| 21-6053 | Jimmie Barge v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2021-10-22 | Denied | Response WaivedIFP | alleyne apprendi apprendi-violation certificate-of-appealability confrontation-clause due-process equal-protection fifth-amendment prison-releasee-reoffender sixth-amendment | Is the Florida State trial court erring when sentencing Petitioner to minimum mandatory term of life in prison because the Prison Releasee Reoffender … |
| 21-6058 | David James Lola v. Florida | Florida | 2021-10-22 | Denied | Relisted (2)IFP | constitutional-interpretation criminal-procedure due-process federal-judiciary fifth-amendment fourteenth-amendment judicial-bias judicial-review legislative-review separation-of-powers sixth-amendment state-sovereignty | Does due process pursuant to the Fourteenth Amendment protect an individual's right to express lawful speech free from state action and deliberate ind… |
| 21-6059 | Terry Jonathan Phillips v. Florida | Florida | 2021-10-22 | Denied | Response WaivedIFP | constitutional-right criminal-defendant criminal-procedure due-process felony felony-offense fourteenth-amendment jury-trial sixth-amendment trial-procedure | 1. Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense. |
| 21-6061 | John Rodney Johnson v. Donnie Ames, Superintendent, Mount Olive Correctional Complex | Fourth Circuit | 2021-10-22 | Denied | IFP | due-process equal-protection fourteenth-amendment impartial-jury prosecutorial-misconduct racial-bias sixth-amendment | Does a Prosecutor's conduct to interject race comments into a State trial as an appeal to a racial prejudice based on the fact the trial having the in… |
| 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.… |
| 21-576 | Benjamin Forrest Carter v. Virginia | Virginia | 2021-10-20 | Denied | Response Waived | confrontation-clause constitutional-violation criminal-procedure hearsay hearsay-testimony judicial-error prior-testimony remedy sixth-amendment | Whether the Supreme Court of Virginia erred in affirming the judgment of the Court of Appeals of Virginia, which affirmed the defendant's convictions … |
| 21-579 | Kenneth Eugene Smith v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. | Eleventh Circuit | 2021-10-20 | Denied | accomplice-liability burden-of-proof capital-sentencing constitutional-rights due-process eighth-amendment fourteenth-amendment jury-instructions jury-trial sixth-amendment specific-intent | 1. Under Waddington v. Sar ausad, 555 U.S. 179 (2009), when a conviction requires that the State prove beyond a reasonable doubt that the defendant ha… | |
| 21-581 | Allen H. Loughry, II v. United States | Fourth Circuit | 2021-10-20 | Denied | criminal-procedure extrajudicial-communication juror-contact juror-misconduct presumptive-prejudice remmer-hearing sixth-amendment social-media social-media-evidence trial-integrity | In Remmer v. United States, 347 U.S. 227, 229 (1954), the Court held that "any private communication, contact, or tampering directly or indirectly, wi… | |
| 21-5997 | Jeremiah Ybarra v. United States | Fifth Circuit | 2021-10-19 | Denied | Response WaivedIFP | criminal-procedure drug-statute due-process effective-counsel fifth-amendment grand-jury indictment jurisdiction prosecutorial-misconduct sixth-amendment | WHETHER APPELLANT WAS DENIED HIS FIFTH AMENDMENT RIGHT TO A GRAND JURY PRESENTMENT OR INDICTMENT WHETHER APPELLANT WAS DENIED HIS SIXTH AMENDMENT RIG… |
| 21-6001 | Terence Tramaine Andrus v. Texas | Texas | 2021-10-19 | Denied | Amici (8)Relisted (17)IFP | capital-case criminal-procedure death-penalty effective-assistance-of-counsel habeas-corpus ineffective-assistance sixth-amendment stare-decisis strickland-v-washington vertical-stare-decisis | I. On remand, did the Texas court reject this Court's conclusions in Andrus v. Texas, 140 S.Ct. 1875 (2020), which were amply supported by the habeas … |
| 21-5995 | Christopher Emory Cramer v. United States | Fifth Circuit | 2021-10-18 | Denied | IFP | appellate-procedure conference-in-chambers due-process eighth-amendment federal-rule federal-rule-of-appellate-procedure-10(c) federal-rules-of-criminal-procedure-43 fifth-amendment judicial-proceeding record-completion record-on-appeal sixth-amendment | I. Whether an unrecorded conference in chambers is a "hearing or trial," or "proceeding," under Federal Rule of Appellate Procedure 10(c) such that a … |
| 21-5970 | Fredrick Devone Flemming v. United States | Fourth Circuit | 2021-10-15 | Denied | Response WaivedIFP | alleyne-v-united-states apprendi-v-new-jersey constitutional-law criminal-procedure due-process juvenile-delinquency prior-conviction sentencing-factor sentencing-factors sixth-amendment stare-decisis | In Almendarez-Torres v. United States, 523 U.S. 224 (1998), this Court held that the fact of a prior conviction was a "sentencing factor," not an "ele… |
| 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… |
| 21-555 | Benjamin A. Appleby v. Kansas | Kansas | 2021-10-15 | Denied | Response Waived | alleyne due-process fourteenth-amendment judicial-discretion jury-trial legislative-directive liberty-interest procedural-due-process resentencing sentencing-enhancement sixth-amendment | 1. Whether the Fourteenth Amendment's guarantee of procedural due process is violated when a State supreme court refuses to enforce its legislature's … |
| 21-556 | Alexander P. Bebris v. United States | Seventh Circuit | 2021-10-15 | Denied | Response Waived | confrontation-clause constitutional-rights criminal-procedure evidentiary-hearing evidentiary-hearings pretrial-hearing pretrial-hearings sixth-amendment witness-credibility | Does the Sixth Amendment and Confrontation Clause apply to all pretrial evidentiary hearings implicating the credibility of a witness? |
| 21-5959 | Darwin J. Fifield, Sr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2021-10-14 | Denied | IFP | civil-rights coerced-statement counsel-ineffectiveness due-process excessive-force fifth-amendment fourth-amendment involuntary-confession law-enforcement self-representation sixth-amendment | Whether law enforcement's unprovoked excessive use of force during an arrest should invalidate as coerced by threat or force a Petitioner's later stat… |
| 21-5961 | David K. Horsley v. Ohio | Ohio | 2021-10-14 | Denied | Relisted (2)IFP | appeal-waiver appellate-procedure constitutional-interpretation criminal-procedure due-process garza-v-idaho ineffective-assistance ineffective-assistance-of-counsel procedural-rule sixth-amendment state-appellate-procedure | To clarify if what the United States Court held in Garza v. Idaho, 586 U.S. 10 (2019) applies to Ohio App. R. 26 (B)(1) which requires a defendant to … |
| 21-5946 | Corelanius Phillips v. Andrea Culclager, Warden | Arkansas | 2021-10-13 | Denied | Response WaivedIFP | due-process ineffective-assistance-of-counsel separation-of-powers sixth-amendment structural-defect subject-matter-jurisdiction | Whether criminal defendants denied Due Process of Law entitle them to remedy where (1) The trial court empanelled an illegally constituted jury in vio… |
| 21-543 | Mark Anthony Spell v. Louisiana | Louisiana | 2021-10-13 | Denied | Response Waived | constitutional-rights criminal-procedure criminal-prosecution due-process misdemeanor sixth-amendment speeding-ticket statute-of-limitations | 1. Does the Sixth Amendment permit the prosecution of a misdemeanor speeding ticket after the lapse of more than twenty years if there is no evidence … |
| 21-5924 | In Re Jose Victor Hernandez-Cuellar | 2021-10-08 | Denied | IFP | 6th-amendment civil-rights constitutional-law constitutional-rights due-process equal-protection fourth-amendment immigrant-status immigration judicial-misconduct sixth-amendment | 1. Does a immigrant in the United States of America, whether here legally with visa or illegally, receive Constitutionally guaranteed Rights ? 2. How… | |
| 21-5929 | Jean Lynn Lillie v. Iowa | Iowa | 2021-10-08 | Denied | Response WaivedIFP | civil-procedure civil-rights constitutional-rights criminal-procedure due-process free-speech jury-trial repeat-offender sentencing-guidelines sixth-amendment standing takings | Question not identified. |
| 21-5937 | Odilon Martinez-Rojas v. United States | Second Circuit | 2021-10-08 | Denied | Response WaivedIFP | appeal-waiver due-process fifth-amendment plea-agreement sentencing-procedure sixth-amendment | Whether a plea agreement's appeal waiver can bar a defendant from challenging the unconstitutionality of a sentencing procedure that deprives the defe… |
| 21-5911 | Michael Herman v. United States | Fifth Circuit | 2021-10-07 | Denied | IFP | complete-defense compulsory-process due-process evidence-standard evidentiary-standards mens-rea right-to-present-defense sixth-amendment | Can a defendant's right to present a complete defense be violated by the arbitrary and disproportionate application of a general evidentiary standard … |
| 21-5912 | Mark Wayne Gray v. Dean Borders, Warden | Ninth Circuit | 2021-10-07 | Denied | Response WaivedIFP | attorney-client-privilege due-process fifth-amendment fourteenth-amendment self-incrimination sixth-amendment | Should CERTIORARI be granted to review two unreasonable and unconstitutional decisions of the state court: 1) Whether the 5th Amendment (right to be … |
| 21-5925 | Denworth Davidson v. Thomas Griffin, Superintendent, Green Haven Correctional Facility, et al. | Second Circuit | 2021-10-07 | Denied | Response WaivedIFP | certificate-of-appealability constitutional-rights due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel procedural-default prosecutorial-misconduct sixth-amendment | 1. Whether, as a threshold matter, Petitioner has shown that his federal constitutional right to a fair trial and due process was violated by the pros… |
| 21-5910 | Carlos Sauzo v. United States | Fifth Circuit | 2021-10-06 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment burden-of-proof constitutional-rights credibility due-process evidentiary-hearing fifth-amendment inconclusive-record judicial-review sixth-amendment | Does the Fifth and Sixth Amendment require the lower court to address an evidentiary hearing when the record before the court is inconclusive as to wh… |
| 21-5921 | Shikisha Monet Tidmore v. Michigan | Michigan | 2021-10-06 | Denied | IFP | admissibility constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel law-enforcement-statements legality pre-trial-investigation sixth-amendment trial-counsel voluntariness | Whether Petitioner's constitutional rights have been violated under the United States Constitution VI Amendment where Petitioner was denied due proces… |
| 21-5890 | Christopher W. Terrell v. Arkansas | Arkansas | 2021-10-05 | Denied | Response WaivedIFP | criminal-conviction due-process fair-trial impartiality jury-impartiality jury-misconduct sixth-amendment trial-fairness | 1. Is a criminal conviction unconstitutional and in violation of Due Process when a jury does not remain impartial on the question of guilt for the cr… |
| 21-5906 | Michael Jerome Pettway v. United States | Sixth Circuit | 2021-10-05 | Denied | Response WaivedIFP | certificate-of-appealability constitutional-rights due-process guilty-plea ineffective-assistance notice-of-appeal rule-11 section-924(c) sixth-amendment | QUESTION NUMBER ONE: Whether Petitioner Pettway's ex-lawyer provided him with ineffective assistance of counsel by failing to object to.Rule 11 (b) … |
| 21-5883 | Davon Nelson v. United States | Fourth Circuit | 2021-10-04 | Denied | Response WaivedRelisted (2)IFP | circuit-split collateral-proceeding direct-appeal evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement remand sixth-amendment | The record below raises serious questions about whether Petitioner —an individual whose exposure to lead paint poisoning as a child has had a signific… |
| 21-5856 | Raymond LeQuan Gibbs v. Neil McDowell, Warden | Ninth Circuit | 2021-10-04 | Denied | Response WaivedIFP | bias confrontation-clause credibility criminal-trial cross-examination informant-testimony informant-witness sixth-amendment witness-credibility | The Sixth Amendment's Confrontation Clause guarantees a criminal defendant a reasonable opportunity to cross-examine the witnesses against him. The br… |
| 21-483 | David Klug v. Florida | Florida | 2021-10-01 | Denied | Response Waived | charging-document criminal-charging due-process fifth-amendment jury-unanimity lewd-and-lascivious-molestation sexual-offenses sixth-amendment | Whether a state prosecuting authority may bundle several single-act offenses concerning the lewd and lascivious molestation of a minor into the same s… |
| 21-5847 | Arthur Lee Lewis v. California | California | 2021-10-01 | Denied | IFP | due-process jury-trial presumption-of-innocence proof-beyond-reasonable-doubt reasonable-doubt sixth-amendment statutory-sentencing statutory-sentencing-range | Review is requested to determine whether a sentence within the prescribed statutory range but inconsistent with the jury's verdict complies with the S… |
| 21-5830 | Bradley David Johnson v. Stuart Sherman, Warden | Ninth Circuit | 2021-09-30 | Denied | IFP | confrontation-clause crawford-v-washington criminal-procedure due-process evidence sixth-amendment | Question not identified. |
| 21-5775 | Peter George Noe, aka Ghost v. United States | Eighth Circuit | 2021-09-24 | Denied | Response WaivedIFP | criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel sentencing sixth-amendment | Question not identified. |
| 21-5742 | Steven Wayne Isbel v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-09-23 | Denied | IFP | civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment standing trial-counsel | Question One: has Whether the 5th Circvit Court of Appeals that is in direct conflict with entered a decision the United States Supreme Court precede… |
| 21-5767 | James Felton v. United States | Second Circuit | 2021-09-23 | Denied | Response WaivedIFP | criminal-procedure due-process implicit-bias jury-impartiality jury-selection racial-bias racial-prejudice sixth-amendment voir-dire | Does our society's evolving understanding of the impact of implicit bias on jury behavior justify overturning the "substantial circumstances" test set… |
| 21-5729 | Frank R. Stevenson v. New York | New York | 2021-09-22 | Denied | Response WaivedIFP | appellate-review confrontation-clause due-process federal-law habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment state-court-appeals writ-of-error-coram-nobis | Whether the New York Court of Appeals precedential case, on confrontation violation claims, is contrary to clearly established federal law, as establi… |
| 21-5746 | In Re Conghau Huu To | 2021-09-22 | Denied | IFP | criminal-conviction cruel-and-unusual-punishment district-court-procedure due-process federal-review gatekeeping habeas-corpus judicial-integrity newly-discovered-evidence sixth-amendment statutory-interpretation | Question not identified. | |
| 21-5754 | Cedrin Farodd Carter v. United States | Eleventh Circuit | 2021-09-22 | Denied | IFP | armed-career-criminal-act criminal-procedure different-occasions judicial-fact-finding jury-fact-finding prior-conviction sentencing-enhancement sixth-amendment | Is a different-occasions finding, like other ACCA determinations about prior convictions, confined to matters essential to the fact of a prior convict… |
| 21-5756 | Gettus Leroy Mintz v. Arizona | Arizona | 2021-09-22 | Denied | IFP | civil-rights confrontation-clause criminal-procedure dna-testing due-process equal-protection false-testimony forensic-evidence grand-jury sixth-amendment witness-testimony | Question not identified. |
| 21-431 | Grant Lloyd Greenwood v. Minnesota | Minnesota | 2021-09-21 | Denied | Response Waived | due-process effective-assistance-of-counsel fourteenth-amendment jury-instruction jury-instructions prosecutorial-misconduct sixth-amendment | The question presented by this petition is whether a defendant's Sixth Amendment right to effective assistance of appellate counsel, and Fourteenth Am… |
| 21-422 | Steven Hatton v. Mark S. Inch, Secretary, Florida Department of Corrections | Eleventh Circuit | 2021-09-20 | Denied | Response Waived | 28-usc-2253 appellate-procedure certificate-of-appealability counsel-claims due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review sixth-amendment | Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his ineffective assistance o… |
| 21-5720 | Mark Eldon Wilson v. United States | Ninth Circuit | 2021-09-20 | Denied | Response WaivedIFP | arrest-warrant criminal-complaint evidence federal-rule-of-criminal-procedure-29 judgment-of-acquittal rule-29 sixth-amendment speedy-trial speedy-trial-rights united-states-v-marion | 1. Whether a criminal complaint, at least when paired with an arrest warrant, triggers a defendant's Sixth Amendment speedy trial rights, which attach… |
| 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… |
| 21-5686 | 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… |
| 21-5693 | Eleno Guillen-Morales v. United States | Fifth Circuit | 2021-09-16 | Denied | Response WaivedIFP | Almendarez-Torres case-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing Sixth-Amendment supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-408 | Gertrude Parker v. United States | Fifth Circuit | 2021-09-15 | Denied | Response Waived | conspiracy-charge criminal-intent criminal-procedure effective-assistance-of-counsel general-verdict insufficient-evidence jury-verdict medicare medicare-statutes reasonable-interpretation sixth-amendment | WHETHER PARKER WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL GUARANTEED BY THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION AS A RESULT OF HER TRIAL… |
| 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… |
| 21-5655 | Timothy Dean Leners v. Wyoming | Wyoming | 2021-09-13 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure discovery due-process effective-counsel ineffective-assistance pro-se-representation prosecutorial-misconduct right-to-appeal sixth-amendment | ONE: Was Defendant's 6th Amend. right to Effective Counsel violated when 1st chair appointed counsel testified at W.R.A.P. 21 hearing for new trial th… |
| 21-5609 | Matthew Staszak v. United States, et al. | Eighth Circuit | 2021-09-08 | Denied | Response WaivedIFP | attorney-client-privilege confidential-communications constitutional-rights due-process fifth-amendment interception legal-interception sixth-amendment | I. WHETHER PETITIONER'S FIFTH AND SIXTH AMENDMENT RIGHTS WERE DEPRIVED AND VIOLATED WHEN HIS ATTORNEY-CLIENT CONFIDENTIAL COMMUNICATIONS WERE INTERCEP… |
| 21-5614 | In Re James Williams | 2021-09-08 | Denied | IFP | access-to-courts civil-rights court-appointed-counsel due-process habeas-corpus ineffective-assistance-of-counsel post-conviction-relief pro-se-representation self-representation sixth-amendment structural-error | [1]. Does the District Courts arbitrary denying defendant Sixth Amendment Constitutional Right to Self-Representation on initial 2255 constitute extra… | |
| 21-5577 | Terry Darnell Anderson v. Mark S. Inch, Secretary, Florida Department of Corrections | Eleventh Circuit | 2021-09-03 | Denied | Response WaivedIFP | circuit-court-split circuit-split cumulative-error cumulative-error-doctrine fair-trial federal-habeas-corpus fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment | 1. Does the cumulative error doctrine in the context of an ineffective assistance of counsel claim apply whereby individual errors, insufficient to ne… |
| 21-5544 | Thomas Charles Scott v. Stuart Sherman, Warden | Ninth Circuit | 2021-09-01 | Denied | Response WaivedIFP | due-process fourth-amendment habeas-corpus ineffective-assistance-of-counsel probable-cause search-warrant sixth-amendment | Were petitioner's rights under the Fourth and Sixth Amendments to the United States Constitution violated by trial counsel's failure to challenge the … |
| 21-5549 | William D. Lauga v. Louisiana | Louisiana | 2021-09-01 | Denied | Response WaivedIFP | due-process fourteenth-amendment judicial-federalism privilege-and-immunities privileges-and-immunities procedural-bar racial-discrimination sixth-amendment | 1. IS THE STATE OF LOUISIANA VIOLATING THE DUE PROCESS CLAUSE OF THE SIXTH AMENDMENT BY NOT ADDRESSING CLAIMS RAISED BY PETITIONER ON A LAW THAT IS … |
| 21-5552 | Brian Green v. Clinton Perry, Warden | Eleventh Circuit | 2021-09-01 | Denied | IFP | constitutional-violation fourteenth-amendment fourth-amendment habeas-corpus ineffective-assistance-of-counsel ineffective-counsel jury-selection procedural-default sixth-amendment warrantless-search warrantless-search-and-seizure | 1. Whether the eleventh circuit erred in holding that no constitutional violations in Green's trial /When the police officer who investigated Greens … |
| 21-5555 | Ross Allen Hartwell v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-09-01 | Denied | Relisted (2)IFP | appellate-procedure civil-rights due-process fair-trial jurisdictional-limits jury legal-interpretation sixth-amendment standing state-court statutory-interpretation | Does the Supreme Court Sanction vs. Washington delete US 068 (4284) lower Courts to present defense atheists to Violate co defendants Cig to a fair an… |
| 21-5556 | Bret Davis v. Illinois | Illinois | 2021-09-01 | Denied | IFP | constitutional-rights due-process fair-trial fifth-amendment fourteenth-amendment jury-bias media-influence prosecutorial-misconduct sixth-amendment unbiased-jury | Were my Fifth, Sixth and Fourteenth Amendment rights to a fair trial by an unbiased jury and due process of the law violated by the Prosecuting State'… |
| 21-5561 | Tyrone Cade v. Texas | Texas | 2021-09-01 | Denied | IFP | capital-habeas capital-punishment competent-counsel due-process fourteenth-amendment habeas-corpus ineffective-assistance sixth-amendment state-responsibilities | Whether the Fourteenth Amendment's Due Process Clause requires a State to provide capital habeas petitioners one opportunity to present Sixth Amendmen… |
| 21-5538 | Michael Joseph Edmondson v. Ashley Moody, Attorney General of Florida, et al. | Eleventh Circuit | 2021-08-31 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment constitutional-rights due-process fourteenth-amendment habeas-corpus self-representation sixth-amendment waiver-of-counsel | In this case, the United States Court of Appeals per curiam affirmed denial of Petitioner's appeal for habeas corpus relief. Petitioner contends that … |
| 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… |
| 21-5542 | Camilo Jose Arango Latorre v. Commonwealth of Puerto Rico | Puerto Rico | 2021-08-31 | Denied | IFP | constitutional-rule discriminatory-act due-process fair-trial perjured-testimony reasonable-doubt sixth-amendment | 1. Certiorari requesting revision of the Honorable Supreme Court of Puerto Rico of January 12, 2021. Declaring there has been no such motion in retria… |
| 21-5500 | John Richard Smith v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-08-30 | Denied | IFP | certificate-of-appealability constitutional-violation due-process exculpatory-evidence fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment | Whether the 5th Circuit Court of Appeal errored in denying petitioner's request for a (C.O.A.) claiming Petitioner failed to state a Constitutional vi… |
| 21-5513 | Christopher Seckington v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2021-08-30 | Denied | Response WaivedRelisted (2)IFP | chapman-v-united-states constitutional-law cruel-and-unusual-punishment drug-trafficking eighth-amendment ineffective-assistance sentencing sentencing-guidelines sixth-amendment urine-testing | Question 1: What must a Defendant show in order to demonstrate an Eighth Amendment violation where Petitioner was sentenced to in essence life for pos… |
| 21-5517 | Lonzie Wayne McQuirter v. Michigan | Michigan | 2021-08-30 | Dismissed | IFP | 44th-amendment constitutional-violation due-process evidence-preservation fair-trial fourteenth-amendment innocence miscarriage-of-justice new-evidence prosecutorial-misconduct sixth-amendment | I. WHETHER PETITIONER'S CLAIMS SHOULD BE HEARD ON THE MERITS UNDER THE DUE PROCESS CLAUSE OF THE 14TH AMENDMENT TO THE UNITED STATES CONSTITUTION TO A… |
| 21-5531 | Garlin Raymond Farris v. United States | Fourth Circuit | 2021-08-30 | Denied | Response WaivedIFP | agency-principles appointed-counsel criminal-procedure due-process excusable-neglect indigent-defendant ineffective-assistance-of-counsel pioneer-investment-services procedural-hurdles sixth-amendment | The question presented, on which the federal appellate courts are currently divided, is whether appointed counsel's misconduct can serve as excusable … |
| 21-5535 | Timothy Marcus Mayberry v. Indiana | Indiana | 2021-08-30 | Denied | Response WaivedIFP | compulsory-process cronic due-process expert-testimony fifth-amendment fourteenth-amendment sixth-amendment | Is the Indiana state appellate court's opinion that its trial court did not abuse its discretion when, over multiple objections, it permitted surprise… |
| 21-5476 | In Re William Barret Slade, II | 2021-08-25 | Denied | IFP | access-to-courts due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel martinez-rule martinez-v-ryan post-conviction-relief procedural-default sixth-amendment | Whether or not during evaluations, decisions, and judgments, the Alabama Trial, State Courts, are in complete contradiction to this United States Supr… | |
| 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… |
| 21-5486 | Scott Sanford v. Virginia | Virginia | 2021-08-25 | Denied | Response WaivedIFP | 6th-amendment constitutional-rights due-process fundamental-rights intelligent-waiver jury-trial knowing-waiver sixth-amendment voluntary-waiver waiver | I. What are the minimum requirements and procedures for establishing that a defendant's fundamental right to a jury trial is waived in an intelligent,… |
| 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 … |
| 21-5447 | Nicholas Edwards v. Derek Oberlander, Superintendent, State Correctional Institution at Forest, et al. | Third Circuit | 2021-08-23 | Denied | Response WaivedIFP | compulsory-process criminal-procedure due-process identification-evidence ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice procedural-default sixth-amendment | 1. WHETHER THE U.S. COURT OF APPEAL ERROR IN NOT FINDING PETITIONER WAS NOT PREJUDICED BY TRIAL COUNSEL FAILURE TO CALL WITNESSES P/O OFFICER WHO WO… |
| 21-5408 | Bruce Allen Rutherford v. United States | Fifth Circuit | 2021-08-18 | Denied | Response WaivedRelisted (2)IFP | 28-usc-2255 criminal-procedure habeas-corpus ineffective-assistance-of-counsel plea-bargaining sixth-amendment | Court states that, Movant claimes counsel failed to inform him of plea offers and allowed them to expire was not in §2255. (see Appendix A) This state… |
| 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… |
| 21-5398 | Scott Estes v. United States | First Circuit | 2021-08-17 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure due-process emergency-call evidence hearsay-exception sixth-amendment testimonial-statements | Did the United States Court of Appeals for the First Circuit fail to correctly apply the objective primary purpose test for testimonial statements mad… |
| 21-5406 | Bryson Tuesno v. United States | Fifth Circuit | 2021-08-17 | Denied | Response WaivedIFP | 6th-amendment civil-procedure constitutional-rights criminal-procedure due-process hearsay impartial-jury sixth-amendment testimony | Is it a violation of one's 6th amendment right to Impartial Jury by allowing person to contridict another person's testimony with hearsay statements? … |
| 21-5377 | Alexander Ascencio v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-08-16 | Denied | IFP | due-process effective-assistance-of-counsel fourteenth-amendment habeas-corpus jackson-v-virginia sixth-amendment sufficiency-of-evidence watson-v-state | WHETHER THE LOWER COURT DENIED PETITIONER DUE PROCESS, WHEN THE COURT DID NOT CONSIDERED THE SUFFICIENCY OF THE EVIDENCE ON THIS CASE WHICH WAS A CRUC… |
| 21-210 | Wisconsin v. Mark D. Jensen | Wisconsin | 2021-08-13 | Denied | Response RequestedResponse WaivedRelisted (6) | confrontation-clause criminal-procedure domestic-abuse emergency-exception future-crime ongoing-emergency sixth-amendment testimonial-hearsay | 1. Can a person's statement expressing fear about a possible future crime be testimonial under the Sixth Amendment's Confrontation Clause? 2. When a … |
| 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… |
| 21-5367 | Roger Everett Smith, III v. United States | Ninth Circuit | 2021-08-13 | Denied | Response WaivedIFP | alien-transporting alienage confrontation-clause criminal-procedure deposition-testimony good-faith-effort material-witnesses sixth-amendment witness-procurement | Whether the mailing of form letters addressed to three material witnesses in three small villages in Mexico approximately two weeks before trial amoun… |
| 21-5368 | Alberto Rodriguez v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation | Ninth Circuit | 2021-08-13 | Denied | Response WaivedIFP | criminal-procedure due-process fundamental-right legal-representation notice-of-charges sixth-amendment waiver | Whether the Sixth Amendment fundamental right to notice of charges can be waived by the lawyer's failure to object or whether the defendant must perso… |
| 21-197 | Yvonne Reignat-Vodi v. Motor Vehicle Administration | Maryland | 2021-08-11 | Denied | Response Waived | 14th-amendment 5th-amendment 6th-amendment civil-procedure civil-rights due-process fourteenth-amendment pro-se-petitioner procedural-due-process sixth-amendment writ-of-certiorari | Did the courts follow the Procedural Due process subject to the 14th (i) Amendment due process protection? Did the courts violate the rule and the ri… |
| 21-5342 | Jamerl M. Wortham v. United States | Eighth Circuit | 2021-08-11 | Denied | Response WaivedIFP | appellate-review essential-element jury-instruction jury-instructions sixth-amendment unanimous-verdict waiver | Whether a defendant waives appellate review of his Sixth Amendment right to a unanimous verdict when the government and defense counsel jointly submit… |
| 21-5347 | Damantae Graham v. Ohio | Ohio | 2021-08-11 | Denied | IFP | capital-punishment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-selection racial-bias racial-prejudice sixth-amendment voir-dire | This Court recently cautioned trial courts to be especially vigilant against "particularly noxious strain[s] of racial prejudice," Buck v. Davis, 137 … |
| 21-189 | Patrick Okey v. Pennsylvania | Pennsylvania | 2021-08-10 | Denied | Response Waived | and Fourteenth Amendments and whether the Commonw Eighth constitutional-challenge due-process eighth-amendment fourteenth-amendment laches laches-doctrine sixth-amendment speedy-trial | 1. Whether Speedy trial Rule( 600) is protected by due of law of the Sixth Amendment; Eighth Amendment Fourtheeth Amendment:-section 1, of the United… |
| 21-5336 | Theodore Howard v. United States | Seventh Circuit | 2021-08-10 | Denied | Response WaivedIFP | 924(c)(1)(A) 924(c)(1)(C) constitutional-rights criminal-sentencing due-process firearm-use fourteenth-amendment sixth-amendment statutory-interpretation | 1. Whether Mr. Theodore Howard/ was denied his United States Constitutional fourteenth/ and Sixth amendment due-process rights/ to fair notice of the … |
| 21-5327 | Mark Anthony Gonzalez v. Texas | Texas | 2021-08-09 | Denied | IFP | criminal-procedure juror-substitution jury-deliberation jury-trial sixth-amendment structural-error trial-procedure unanimous-verdict | Petitioner Mark Gonzalez's penalty-phase jury was charged with deciding two issues that together would dictate his sentence. The jury had reached a ve… |
| 21-5316 | In Re Taryn Christian | 2021-08-06 | Dismissed | IFP | autonomy brady-v-maryland brady-violation counsel-strategy habeas-corpus mandamus mccoy-v-louisiana retroactivity right-to-autonomy sixth-amendment strickland | This case presents the kind of extraordinary circumstances in which this Court exercises its discretionary authority to issue a writ of mandamus. The … | |
| 21-166 | Leonel Cervantes-Meraz v. Oregon | Oregon | 2021-08-05 | Denied | Response Waived | criminal-defense criminal-plea fourteenth-amendment immigration immigration-consequences ineffective-assistance padilla padilla-precedent sixth-amendment | (I) Did the State of Oregon violate the Petitioner's right to effective assistance of counsel guaranteed him by the Sixth and Fourteenth Amendment of … |
| 21-5302 | Roosevelt Rico Dahda v. United States | Tenth Circuit | 2021-08-05 | Denied | Response WaivedIFP | alleyne-v-united-states criminal-sentencing drug-quantity jury-determination mandatory-minimum mandatory-minimum-sentence sixth-amendment statutory-maximum statutory-maximum-sentence | 1. Whether a finding on the issue of drug quantity that increases the statutory maximum sentence requires the jury to make an individualized determina… |
| 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… |
| 21-5295 | Anthony D. Jones v. Michelle Floyd, Warden | Sixth Circuit | 2021-08-04 | Denied | Response WaivedIFP | administrative-law appellate-counsel civil-rights constitutional-rights due-process equal-protection ineffective-assistance jurisdiction legal-representation sixth-amendment standing | Question not identified. |
| 21-5278 | Kevin T. Heard v. Illinois | Illinois | 2021-08-03 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment brady-v-maryland civil-rights constitutional-rights due-process exculpatory-evidence expert-testimony fair-trial sixth-amendment strickland-v-washington | Question not identified. |
| 21-5284 | Albert Lamont Hector v. United States | Ninth Circuit | 2021-08-03 | Denied | Response WaivedIFP | acquitted-conduct due-process federal-appeals-courts fifth-amendment jury-trial sentencing sixth-amendment state-high-courts | Whether sentences based on acquitted conduct violate the Fifth Amendment's Due Process Clause or Sixth Amendment's jury-trial guarantee, a question th… |
| 21-5232 | Duane Allen Short v. Ohio | Ohio | 2021-07-29 | Denied | IFP | caldwell-v-mississippi capital-punishment capital-sentencing constitutional-decency due-process eighth-amendment evolving-standards-of-decency jury-recommendation jury-trial sixth-amendment | Is Ohio's capital sentencing scheme, which permits telling the jury that their decision is only a mere recommendation, unconstitutional under Hurst v.… |
| 21-5248 | Davion L. Jefferson v. United States | Tenth Circuit | 2021-07-29 | Denied | IFP | 5th-amendment 6th-amendment crime-of-violence directed-verdict due-process jury-instructions jury-trial sixth-amendment statutory-interpretation | I. Did the district court violate the Fifth Amendment's Due Process Clause and the Sixth Amendment's Jury Trial Clause when it directed a verdict on 1… |
| 21-115 | Ivan Rosario v. United States | Second Circuit | 2021-07-28 | Denied | Response Waived | 6th-amendment criminal-sentencing due-process fifth-amendment judicial-factfinding jury jury-trial reasonable-doubt sentencing sixth-amendment | Whether the Fifth Amendment's Due Process Clause and the Sixth Amendment's right to trial by jury protect criminal defendants from being sentenced bas… |
| 21-5233 | Abel Guillermo Godoy v. United States | Ninth Circuit | 2021-07-28 | Denied | Response WaivedIFP | alleyne-v-united-states criminal-procedure criminal-prosecution due-process elements-of-crime jury-determination legal-precedent prior-conviction prior-convictions sentencing sentencing-factors sixth-amendment | In Almendarez-Torres v. United States, 523 U.S. 224 (1998), the Court held that in a prosecution for 8 U.S.C. § 1326, the fact of a prior conviction n… |
| 21-5237 | Taurice Leonard Brown v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2021-07-28 | Denied | Response WaivedIFP | civil-rights constitutional-rights criminal-procedure due-process federal-habeas-review jury-selection merits-decision sixth-amendment supremacy-clause | WHETHER FLORIDA COURTS ARE REFUSING TO CONSIDER SIXTH AMENDMENT CLAIMS IN VIOLATION OF THE SUPREMACY CLAUSE BY NOT TREATING RUSSELL V. UNITED STATES, … |
| 21-5238 | Deyaa Khalill v. W. L. Montgomery, Warden | Ninth Circuit | 2021-07-28 | Denied | Response WaivedIFP | confrontation-clause constitutional-rights criminal-procedure cross-examination due-process preliminary-hearing sixth-amendment | Whether the admission of preliminary hearing testimony violates a criminal defendant's Sixth Amendment right to confrontation when the preliminary hea… |
| 21-5225 | Raymond Lumsden v. Texas | Texas | 2021-07-27 | Denied | IFP | ake-v-oklahoma dna-evidence dna-expert due-process expert-witness-fees fair-trial indigent-funds ineffective-assistance-of-counsel sixth-amendment | 1. Did the trial court deny Petitioner a fair trial by refusing indigent funds for a DNA expert to assist the defense and testify at trial under Ake… |
| 21-5192 | Gilberto Antonio Guillen-Hernandez v. Texas | Texas | 2021-07-23 | Denied | IFP | constitutional-law constitutional-requirement continuous-sexual-abuse criminal-procedure criminal-trial due-process jury-conviction jury-unanimity sexual-abuse sixth-amendment | Does the constitutional requirement of jury unanimity, contained within the Sixth Amendment of the United States Constitution, require a jury to be un… |
| 21-5172 | Mayra Vanessa Gandara Escarcega v. United States | Fifth Circuit | 2021-07-22 | Denied | Response WaivedIFP | case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent legal-procedure sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5145 | Richard Demon Donaldson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-07-21 | Denied | IFP | 6th-amendment certificate-of-appealability constitutional-claim due-process habeas-corpus ineffective-assistance sixth-amendment state-court-deference statutory-interpretation | WHETHER THE COURT OF APPEALS ERRED AND ABUSED.ITS DISCRETION IN REFUSING AND/OR DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY UPON THE CONTENTION … |
| 21-5158 | Miguel Angel Berdeja-Medina v. United States | Fifth Circuit | 2021-07-21 | Denied | Response WaivedIFP | case-review criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent sentencing sixth-amendment stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5160 | Rodney Ledell Carter v. United States | Fifth Circuit | 2021-07-21 | Denied | Response WaivedIFP | criminal-procedure due-process parole sentencing sixth-amendment supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 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. |
| 21-5139 | In Re Donald M. Boswell | 2021-07-20 | Denied | IFP | certificate-of-appealability constitutional-rights due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment successive-petitions | Was the denial of Petitioner's request for a Certificate of Appealibility (COA) to file a second or successive feredal habeas corpus for new claims fo… | |
| 21-5142 | Michael Angelo Williams v. United States | Sixth Circuit | 2021-07-20 | Denied | Response WaivedIFP | criminal-procedure due-process guilty-plea harmless-error ineffective-assistance plea-bargaining sentencing sentencing-enhancement sixth-amendment sixth-circuit withdrawal-of-plea | Whether this honorable Court should grant certiorari to review whether Mr. Williams should have been permitted to withdraw his guilty plea, which requ… |
| 21-5114 | Mario Daniels v. Florida | Florida | 2021-07-16 | Denied | IFP | aggravated-assault criminal-conviction criminal-procedure due-process jury-determination separation-of-powers sixth-amendment statutory-interpretation substantive-rights | Whether the First District Court of Appeals unauthorized abrogation of an Essential Element of the statutory offense of Aggravated Assault deprived Da… |
| 21-63 | Terrance Miles v. Belinda Sanchez, Acting Warden | Sixth Circuit | 2021-07-16 | Denied | Response RequestedResponse WaivedRelisted (2) | evidence evidence-availability government-delay government-responsibility pre-trial-imprisonment prejudice rehabilitation sixth-amendment speedy-trial trial-postponement | 1. Where a defendant's trial is postponed because certain evidence is unavailable, does the government's responsibility for delays in obtaining that e… |
| 21-5093 | Stephen Dale Barbee v. Texas | Texas | 2021-07-15 | Denied | IFP | autonomy-right capital-defendant capital-punishment effective-assistance-of-counsel florida-v-nixon habeas-corpus habeas-review ineffective-assistance mccoy-v-louisiana sixth-amendment trial-counsel | 1) Whether the sate court's decision to foreclose habeas review of a capital defendant's claim under McCoy v. Louisiana contravenes federal law becaus… |
| 21-5089 | Martin Thomas Lawrence v. United States | Eighth Circuit | 2021-07-13 | Denied | Response WaivedIFP | criminal-procedure ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper plea-bargaining sentencing sentencing-exposure sixth-amendment trial-counsel | 1. Whether, in light of trial counsel's express admission that he underestimated Petitioner's sentencing exposure if he went to trial, this Court shou… |
| 21-39 | Benjamin Ramirez Ruiz v. California | California | 2021-07-12 | Denied | Response Waived | child-protective-services confrontation-clause crawford-v-washington criminal-procedure evidence-law ongoing-emergency sixth-amendment testimonial-evidence testimonial-statement | Was a statement made to a child protective services investigator testimonial for the purposes of the Sixth Amendment Confrontation Clause as establish… |
| 21-5050 | Kristopher Love v. Texas | Texas | 2021-07-09 | Denied | Relisted (12)IFP | court-of-criminal-appeals death-penalty due-process fair-trial fourteenth-amendment jury-selection racial-bias sixth-amendment | I. Whether Texas' Court of Criminal Appeals, the only court of last resort reviewing direct appeals in death penalty cases has decided an important fe… |
| 21-23 | Brenda Cook v. West Virginia | West Virginia | 2021-07-08 | Denied | Response RequestedResponse WaivedRelisted (2) | 14th-amendment 5th-amendment 6th-amendment constitutional-rights due-process fourteenth-amendment impartial-jury jury-impartiality sixth-amendment voir-dire | I. Has the Petitioner's Fifth, Sixth, and Fourteenth Amendment right to an impartial jury been violated when the court erred in allowing juror, Victor… |
| 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… |
| 21-5041 | Kosoul Chanthakoummane v. Texas | Texas | 2021-07-08 | Denied | IFP | constitutional-rights criminal-defense criminal-procedure due-process eighth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-procedure | Whether Mr. Chanthakoummane is entitled to a new trial because trial counsel ignored his unequivocal direction to challenge his guilt during the culpa… |
| 20-8449 | Brian Keith Gorham v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-06-30 | Denied | IFP | constitutional-rights due-process habeas-corpus impartial-jury ineffective-assistance ineffective-assistance-of-counsel jury-bias jury-selection procedural-default sixth-amendment trial-procedure | Gorham will present three brief statements with three concise questions for this Honorable Court's review. Gorham alleged multiple Sixth Amendment ri… |
| 20-8450 | Ronald Anthony Gomez v. Christian Pfeiffer, Warden, et al. | Ninth Circuit | 2021-06-30 | Denied | IFP | apodaca-v-oregon criminal-procedure due-process fourteenth-amendment habeas-corpus jury-unanimity schad-v-arizona sixth-amendment | I. Does a state trial court 's failure to give a unanimity instruction to a jury in a criminal trial raise a debatable valid claim of the denial of … |
| 20-8462 | Roderick Napoleon Harris v. Texas | Texas | 2021-06-30 | Denied | IFP | -habeas-corpus -ineffective-assistance -prejudice-standard -professional-norms -sixth-amendment #NAME? capital-case mitigation-evidence prejudice professional-standards sixth-amendment strickland-v-washington | 1. Whether a habeas court must articulate and apply prevailing professional norms in order to determine whether trial counsel's representation was ine… |
| 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… | |
| 20-8415 | Demario Deshawn Simpson v. United States | Sixth Circuit | 2021-06-25 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | count-specific-plea criminal-indictment criminal-procedure due-process federal-rules-criminal-procedure jurisdiction partial-guilty-plea plea-bargaining plea-entry sentencing-guidelines sixth-amendment | Whether a defendant has a right under the Federal Rules of Criminal Procedure to enter a partial guilty plea (without a plea agreement or any plea bar… |
| 20-8416 | Raul Ramos v. United States | Fifth Circuit | 2021-06-25 | Denied | Response WaivedIFP | confrontation-clause crawford-v-washington criminal-procedure cross-examination due-process hearsay-evidence sentencing-guidelines sixth-amendment united-states-v-haymond | Whether the district court's reliance on hearsay evidence to impose a guideline sentence of life violates Ramos's right to confront and cross-examine … |
| 20-8400 | Daryl Wendell Barley v. United States | Fourth Circuit | 2021-06-24 | Denied | Response WaivedIFP | clear-and-convincing-evidence criminal-procedure effective-assistance-of-counsel evidence-standard first-step-act preponderance-of-evidence relevant-conduct sec-404 sentencing-reduction sixth-amendment | 1. Whether the "clear and convincing evidence standard" should be used instead of the "preponderance of evidence standard" when determining the releva… |
| 20-8428 | Joseph George v. M. Eliot Spearman, Warden, et al. | Ninth Circuit | 2021-06-24 | Denied | IFP | confrontation-clause criminal-procedure due-process evidence expert-testimony sixth-amendment | Does false evidence and expert witness perjured testimony the alleged victim suffered a fracture of the zygomatic buttress qualify for the Schlup doct… |
| 20-8432 | Robert L. Garza v. Donald Kleine, et al. | Eighth Circuit | 2021-06-24 | Denied | Response WaivedIFP | constitutional-rights due-process judicial-authority judicial-discretion preponderance-of-evidence preponderance-standard sentencing sentencing-enhancement sixth-amendment speedy-trial | Does a judge exceed his legal authority by making factual findings by a preponderance of the evidence which expose a defendant to the elevated upper t… |
| 20-8411 | C. T. v. Orange County Social Services Agency | California | 2021-06-23 | Denied | IFP | 4th-amendment 6th-amendment child-endangerment child-welfare civil-rights due-process fourth-amendment medical-privacy medical-treatment parental-rights sixth-amendment | 1. Does the act of forcefully administering psychotropic medications to a child before trial violate the IV and VI amendments in the absence of a cour… |
| 20-8378 | Michael R. Gore, Jr. v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. | Third Circuit | 2021-06-22 | Denied | IFP | criminal-procedure faretta self-representation sixth-amendment voir-dire waiver | I. IS THE RIGHT TO SELF-REPRESENTATION VIOLATED WHEN A DEFENDANT IS NOT AFFORDED VOIR DIRE UNDER THE U.S. SUPREME COURT'S DECISION IN FARETTA V. CALIF… |
| 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… |
| 20-8366 | Larry Dean Garrett, Jr. v. United States | Eleventh Circuit | 2021-06-21 | Denied | Response WaivedIFP | coercion confrontation-clause criminal-procedure exclusionary-rule false-statements fourteenth-amendment fourth-amendment jury-bias plea-negotiation search-and-seizure sixth-amendment | Question not identified. |
| 20-8369 | Clarence Clark v. United States | Second Circuit | 2021-06-21 | Denied | Response WaivedIFP | 2nd-amendment constitutional-challenge constitutional-law criminal-procedure due-process fifth-amendment guilty-plea plain-error plea-bargaining sentencing sixth-amendment statutory-interpretation | Whether the Second Circuit Court of Appeals erred in violation of U.S. Const. V and VI as well as this Court's precedent, when it denied Mr. Clark's c… |
| 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… |
| 20-8333 | Carman Deck v. Paul Blair, Warden, et al. | Eighth Circuit | 2021-06-17 | Denied | IFP | delay eighth-amendment fourteenth-amendment mitigation resentencing sixth-amendment | This Court is familiar with Mr. Deck, having reversed his second death sentences due to state action that occurred over Mr. Deck's objection. Three ye… |
| 20-8345 | Ricky Parkerson v. United States | Fifth Circuit | 2021-06-17 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-production burden-of-proof confrontation-clause due-process sentencing sixth-amendment | 1. Whether the Fifth Circuit's practice of shifting the burden of production and proof to the defendant at sentencing violates a defendant's Due Proce… |
| 20-8330 | Ilmane Charone Campas Strong v. United States | Fifth Circuit | 2021-06-16 | Denied | Response WaivedIFP | commerce-clause constitutional-law criminal-law criminal-procedure due-process federal-jurisdiction firearms judicial-fact-finding mandatory-minimum sixth-amendment supervised-release | Whether 18 U.S.C. §922(g) permits conviction for the possession of any ammunition that has ever crossed state lines at any time in the indefinite past… |
| 20-8312 | Ronald Delester Burke v. Washington | Washington | 2021-06-15 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure cross-examination nurse-examiner sexual-assault sexual-assault-nurse-examiner sixth-amendment testimonial-statements | Does the Confrontation Clause of the Sixth Amendment prohibit a Sexual Assault Nurse Examiner from testifying about statements made during a forensic … |
| 20-1742 | Akil Jahi, aka Preston Carter v. Tennessee | Tennessee | 2021-06-15 | Denied | capital-punishment capital-trial counsel-limitations criminal-defense defendant-autonomy ineffective-assistance-of-counsel mccoy-v-louisiana penalty-phase sixth-amendment trial-procedure | 1. Does the Sixth Amendment holding of McCoy v. Louisiana, 138 S. Ct. 1500 (2018) apply to a penalty phase capital trial to protect a defendant's auto… | |
| 20-8294 | Markeith Loyd v. Florida | Florida | 2021-06-14 | Denied | Response WaivedIFP | constitutional-interpretation constitutional-law criminal-procedure history-based-re-evaluation jury-rights legal-precedent lockhart-precedent lockhart-v-mccree sixth-amendment trial-by-jury | Whether this Court should recede from Lockhart v. McCree, 476 U.S. 162 (1986), as part of its ongoing history-based re-evaluation of the Sixth Amendme… |
| 20-8287 | Kenneth Wayne Walker, Jr. v. United States | Fifth Circuit | 2021-06-11 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment parole sentencing sixth-amendment | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-8265 | John Licausi v. New York | New York | 2021-06-09 | Denied | IFP | altered-evidence bias-conflict-of-interest civil-verdict collateral-proceeding due-process judicial-bias newly-discovered-evidence right-to-present-defense sixth-amendment third-party-culpability | I. Whether a hearing in a collateral proceeding was required to determine trial Judge's "neutrality" when newly discovered evidence was presented on a… |
| 20-8266 | Eric Lucas v. Florida Department of Corrections, et al. | Eleventh Circuit | 2021-06-09 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment confrontation-clause constitutional-rights due-process hearsay hearsay-evidence ineffective-assistance jury-trial prosecutorial-misconduct sixth-amendment | Whether Petitioner 's Constitutional Rights Under The 5th, 6th And 14th Amendments Were Violated When The State 's Motions To Allow Hearsay Evidence… |
| 20-8269 | Kenneth Ray Marshall v. Dexter Payne, Director, Arkansas Division of Correction | Eighth Circuit | 2021-06-09 | Denied | Response WaivedIFP | 28-usc-2254 clearly-established-federal-law constitutional-review due-process-rights federal-habeas ineffective-assistance ineffective-assistance-of-counsel sixth-amendment speedy-trial state-criminal-procedure strickland-standard strickland-v-washington | I. Whether the decision of the state court that failed to apply the correct standard of "reasonableness " to assess trial counsel 's conduct under St… |
| 20-8248 | Richard W. Williams v. Sherie Korneman, Warden | Eighth Circuit | 2021-06-08 | Denied | IFP | certificate-of-appealability conflict-of-interest constitutional-rights criminal-procedure due-process effective-assistance fourteenth-amendment further-proceedings ineffective-assistance public-defender sixth-amendment | 1) TOir S™ r?„!SK 'ed'JUr0 SS °3 a ^ P31"51' one °f-«Mch stated during d^nse ' Sixth 'ancHFourteent^Amendment 2)Does being deprived of conflict-free … |
| 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… |
| 20-8254 | Demario M. Peterson v. United States | Sixth Circuit | 2021-06-08 | Denied | Response WaivedIFP | acquitted-conduct due-process fifth-amendment jury-trial procedural-reasonableness sentencing sentencing-variance sixth-amendment substantive-reasonableness | Whether the Sixth Amendment, Fifth Amendment, and this Court's jurisprudence on the procedural and substantive reasonableness of sentences are implica… |
| 20-1702 | Jimmy Cobb v. United States | Eleventh Circuit | 2021-06-08 | Denied | Response WaivedRelisted (2) | criminal-law criminal-procedure federal-jurisdiction ineffective-assistance-of-counsel jurisdiction plea-bargaining plea-deal sixth-amendment statutory-interpretation undercover-operation | 1. Does a District Court have the have Jurisdiction to punish and convict conduct that does not fall within a Federal Statute of 18 U.S.C 2422(b) and … |
| 20-1693 | Erick Allen Osby v. United States | Fourth Circuit | 2021-06-07 | Denied | Amici (4)Response Waived | constitutional-rights criminal-procedure criminal-sentencing double-jeopardy fifth-amendment jury-acquittal sentencing sixth-amendment | Whether basing a criminal defendant's sentence on charges of which the jury acquitted him violates the Fifth or Sixth Amendments. |
| 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… |
| 20-8235 | Kory Christian Pedersen v. Oregon Board of Parole and Post-Prison Supervision | Ninth Circuit | 2021-06-04 | Denied | Response WaivedIFP | expert-testimony ineffective-assistance ineffective-assistance-of-counsel ninth-circuit post-conviction post-conviction-review self-defense sixth-amendment trial-counsel | Was Mr. Pedersen denied the effective assistance of counsel guaranteed by the Sixth Amendment, when his trial counsel failed to understand the applica… |
| 20-8211 | Christian M. Allmendinger v. United States | Fourth Circuit | 2021-06-03 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure due-process fifth-amendment judicial-fact-finding jury-trial reasonable-doubt sentencing-guidelines sixth-amendment witte-v-united-states | 1. Alleyne v. United States, 570 U.S. 99, 133 S. Ct. 2151 (2013), expressly overruled Harris v. United States, 536 U.S. 545 (2002), and at least impli… |
| 20-8214 | Warren D. Tisdale v. CASA Partners V, L.P. The Park at Winterset, et al. | Fourth Circuit | 2021-06-03 | Denied | IFP | civil-procedure civil-rights discovery discovery-rights due-process interrogatories jury-trial magistrate-referral settlement sixth-amendment | I. Whether Petitioner's Sixth Amendment right to a jury trial was violated when the U.S. District Court Judge referred the case to a Magistrate for se… |
| 20-8219 | Clark D. Young v. United States | Sixth Circuit | 2021-06-03 | Denied | Response WaivedIFP | conflict-of-interest counsel-failure criminal-history due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sentencing-enhancement sixth-amendment | (1) WAS the defendant deprived of his sixth, Fifth, and Fourteenth amendments , when Counsel fAiled to investigate his. Criminal history? (2) was the… |
| 20-8192 | Jorge Ramon Newball-May v. United States | Eleventh Circuit | 2021-06-02 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure jurisdiction jury-trial maritime-drug-law maritime-law pre-trial-hearing sixth-amendment statutory-interpretation | Whether the Maritime Drug Law Enforcement Act, 46 U.S.C. 70501 et. seq., is unconstitutional on its face and in violation of the Sixth Amendment right… |
| 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… |
| 20-8155 | Frederick Wayne Smith v. California | California | 2021-05-27 | Denied | IFP | actual-innocence autonomy civil-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prima-facie sixth-amendment successive-petitions | Should, the. May 2, 1 995 0Kde.fi to Show Caute/PKlma Facie. cate; The W0I/ 05 201 8 SupeKloK CouKt WKlt of habeat coKput/PKlma facle showing of viol… |
| 20-8164 | Michael Mosley v. John Rich, Superintendent, Elmira Correctional Facility | Second Circuit | 2021-05-27 | Denied | Response WaivedIFP | actual-innocence circumstantial-evidence confrontation-clause due-process habeas-corpus herrera-v-collins ineffective-counsel schlup-v-delo sixth-amendment | In this wholly circumstantial case where the Petitioner has alibi, and after trial presents: 1) substantial new exculpatory witnesses and evidence sho… |
| 20-8168 | Ross Colby v. United States | Ninth Circuit | 2021-05-27 | Denied | Response WaivedIFP | criminal-procedure due-process fair-trial juror-sympathy jury-bias jury-instructions prosecutorial-misconduct sixth-amendment | Whether the statements of a prosecutor invoking juror sympathy and telling the jury that it has a duty to convict violate the defendant's Sixth Amendm… |
| 20-8174 | Esad Lemo v. Pennsylvania | Pennsylvania | 2021-05-27 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure due-process intellectual-disability language-access language-interpretation mental-capacity police-interrogation right-to-interpretation sixth-amendment | Is the Constitution violated where a defendant who speaks only Bosnian and has an IQ of 57 receives no interpretation during the suppression hearing t… |
| 20-1649 | Ronald Jeremy Hyatt v. California | California | 2021-05-26 | Denied | confrontation-clause due-process effective-assistance-of-counsel fourteenth-amendment preliminary-hearing sixth-amendment witness-disclosure | Whether the prosecution may refuse to disclose the names and address of the 23 victims and additional witnesses it intends to call at petitioner's pre… | |
| 20-8119 | Peter Anthony Ciraulo v. Oregon | Oregon | 2021-05-25 | Denied | Response WaivedIFP | constitutional-law criminal-procedure harmless-error jury-trial nonunanimous-verdict sixth-amendment structural-error unanimous-verdict | Whether a trial court commits structural error for purposes of the Sixth Amendment to the United States Constitution, when the trial court instructs a… |
| 20-8126 | Charles Wesley Kincheloe v. Oregon | Oregon | 2021-05-25 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process jury-trial nonunanimous-verdict sixth-amendment structural-error unanimous-verdict | Does a trial court commit structural error for purposes of the Sixth Amendment to the United States Constitution, when the trial court instructs a jur… |
| 20-8135 | Gregg McNamara v. Rob Bonta, Attorney General of California | Ninth Circuit | 2021-05-25 | Dismissed | Response WaivedIFP | coerced-confession constitutional-rights criminal-conviction criminal-procedure due-process guilty-plea habeas-corpus mental-competency mental-impairment sixth-amendment | 1) Under the Sixth Amendment right to know the nature and the cause of the action against a person, can a person convicted while suffering from sever… |
| 20-8099 | Joseph Reinwand v. Susan Novak, Warden | Seventh Circuit | 2021-05-24 | Denied | Response WaivedIFP | certificate-of-appealability confrontation-clause confrontation-rights due-process fair-trial fourteenth-amendment habeas-corpus sixth-amendment testimonial-statements | 1. Whether the Seventh Circuit Court of Appeals Failed to Apply the Law on Deceased out-of-court testimonial Statements by a Non-testifying Witness. T… |
| 20-8101 | Joseph Weldon Smith v. Perry Russell, Warden, et al. | Ninth Circuit | 2021-05-21 | Denied | IFP | brecht-standard brecht-v-abrahamson capital-sentencing harmless-error jury-instruction jury-instructions jury-trial sixth-amendment stromberg-error stromberg-v-california | In applying harmless error review under Brecht, may a federal court disregard the prejudice resulting from Stromberg error, i.e., the jury's considera… |
| 20-8086 | Jack E. Allen v. Pennsylvania | Pennsylvania | 2021-05-20 | Dismissed | IFP | civil-rights constitutional-rights dna-evidence due-process exoneration fair-trial false-imprisonment federal-crimes fourteenth-amendment sixth-amendment wrongful-conviction | I) DOES THE PETITIONER DESERVE ANOTHER TRIAL BASED UPON CONSTITUTIONAL RIGHTS VIOLATIONS? 2) DOES THE PETITIONER CLAIM HIS TOTAL INNOCENCE BASED UPON… |
| 20-8087 | William Edward Erickson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-05-20 | Denied | Response WaivedIFP | appellate-review coercion conditional-plea constitutional-claims criminal-procedure evidence extraneous-statements ineffective-assistance-of-counsel ineffective-counsel involuntary-plea pretrial-motions sixth-amendment | A) Is petitioner entitled to a constitutional review and his court on his presented claims at the appeal level regarding his Effective Assistance of C… |
| 20-8054 | Joseph Reinwand v. Susan Novak, Warden | Seventh Circuit | 2021-05-19 | Denied | Response WaivedIFP | certificate-of-appealability confrontation-clause confrontation-rights due-process fair-trial fourteenth-amendment habeas-corpus sixth-amendment | 1. Whether the Seventh Circuit Court of Appeals Failed to apply the Law Deceased out-of-court testimonial Statements by a Non-testifying Witness. Ther… |
| 20-8073 | Damari Jennings v. Louisiana | Louisiana | 2021-05-19 | Denied | Response WaivedIFP | alford-plea due-process equal-protection guilty-plea ineffective-assistance ineffective-assistance-of-counsel juvenile-defendant north-carolina-v-alford plea-bargaining sixth-amendment | Under the requirements of Boykin v. Alabama, was Jennings denied due process and equal protection when the trial court refused to allow him to withdra… |
| 20-8051 | Lucas Kenneth Sabatino v. United States | Fourth Circuit | 2021-05-18 | Denied | Response WaivedIFP | criminal-defense criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-capacity prejudicial-error sixth-amendment trial-strategy | Whether defense counsel committed prejudicial ineffective assistance of counsel by failing to raise issues relating to defendant's mental capacity at … |
| 20-8028 | Ryan Jason Brannon v. Texas | Texas | 2021-05-14 | Denied | IFP | accuser available-to-testify confrontation-clause criminal-defendant cross-examination due-process right-to-confront sixth-amendment witness-testimony | Whether the plain language of the Sixth Amendment's Confrontation Clause gives a defendant the literal right to confront and cross-examine their accus… |
| 20-1581 | Malia Arciero v. United States | Ninth Circuit | 2021-05-14 | Denied | Response Waived | criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper plea-bargaining sentencing-enhancement sixth-amendment | Whether this Court holding in Lafler v. Cooper, 566 U.S. 156 (2012), is still good law, and if so, whether Arciero is entitled to relief due to defens… |
| 20-1571 | Andrew Raymond and Brian Requena v. United States | Second Circuit | 2021-05-12 | Denied | Response Waived | analogue-act analogue-enforcement-act controlled-substances criminal-procedure due-process jury-unanimity sixth-amendment vagueness-doctrine | 1. Whether the Controlled Substances Analogue Enforcement Act of 1986 is void for vagueness. 2. Whether the Controlled Substances Analogue Enforcemen… |
| 20-8000 | Natalie Marie Keepers v. Virginia | Virginia | 2021-05-12 | Denied | IFP | criminal-procedure due-process fair-trial impartial-jury interrogation-tactics jury-selection miranda-warnings peremptory-challenges sixth-amendment | 1. Whether a trial court's refusal to remove a potential juror who admits she cannot be certain she can be fair violates the Sixth Amendment guarantee… |
| 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… |
| 20-7992 | Noah Drake Primeaux v. Louisiana | Louisiana | 2021-05-11 | Denied | Response WaivedIFP | criminal-procedure due-process fair-trial fourteenth-amendment jury-instructions non-unanimous-jury prosecutorial-misconduct ramos-v-louisiana sixth-amendment | 1. Reasonable jurists would determine that the holding in Ramos v. Louisiana would apply to persons on Direct Appeal concerning the non-unanlmous jury… |
| 20-1558 | Vinay Yadav v. Texas | Texas | 2021-05-10 | Denied | civil-rights conspiracy-against-civil-rights constitutional-rights due-process evidence-tampering fourth-amendment ninth-amendment sixth-amendment thirteenth-amendment | 1. Texas contravenes the Due Process Clause of the U.S. Constitution on multi-count and contradicts SCOTUS. SCOTUS has yet to answer all States con… | |
| 20-7953 | Alena Aleykina v. United States | Ninth Circuit | 2021-05-07 | Denied | Response WaivedIFP | criminal-intent due-process evidence expert-testimony fifth-amendment legal-separation prosecutorial-misconduct sixth-amendment | 2. Was it fair to affirm 18 U.S.C. 1519 charge where the integrity of juridical process was harmed by the prosecutor who: a. Submitted doctored indict… |
| 20-7955 | Alton D. Pelichet v. Wayne Circuit Court Judge, et al. | Michigan | 2021-05-07 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment actual-innocence due-process equal-protection felony-murder fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment | I. Whether Petitioner was denied his right to a fair trial, due process and equal protection of the law, guaranteed by the 6th and 14th Amendments to … |
| 20-7959 | Thomas J. Connerton v. United States | Second Circuit | 2021-05-07 | Denied | Response WaivedIFP | criminal-procedure due-process judicial-inquiry juror-discharge jury jury-selection reasonable-doubt sixth-amendment | 1. Should certiorari be granted where the District Court discharged a juror, without "good cause" under rule 23(b)(3) of the Federal Rules of Criminal… |
| 20-7960 | Michael Anthony Carroll v. Michigan | Michigan | 2021-05-07 | Denied | IFP | due-process fundamental-defect-exception ineffective-assistance interstate-agreement interstate-agreement-on-detainers jurisdiction jurisdictional-limits jury-impartiality sixth-amendment tad-claims time-limits waiver | I. THE STATUTORY TIME LIMITS IMPOSED BY THE INTERSTATE AGREEMENT ON DETAINERS ARE STRICTLY JURISDICTIONAL AS APPLIED TO THE CONSTRUCTION OF A COMPACT,… |
| 20-7945 | Troy Arnaud v. Darrel Vannoy, Warden | Louisiana | 2021-05-06 | Denied | Response WaivedIFP | criminal-procedure fourteenth-amendment non-unanimous-jury ramos-retroactivity ramos-v-louisiana retroactivity sixth-amendment teague-framework teague-v-lane watershed-rule | 1. Whether this Court's decision in Ramos v. Louisiana, 140 S.Ct. 1390 (2020), applies to cases on State collateral review, where the State follows th… |
| 20-7935 | Wilmar Rene Duran-Gomez v. United States | Fifth Circuit | 2021-05-05 | Denied | Relisted (2)IFP | barker-test barker-v-wingo civil-immigration-offense criminal-investigation pretextual-arrest prosecutorial-misconduct sixth-amendment speedy-trial | Whether, under the balancing test in Barker v. Wingo, 407 U.S. 514 (1972), prosecutors may prevent attachment of a defendant's Sixth Amendment speedy-… |
| 20-7940 | Khaled Elbeblawy v. United States | Eleventh Circuit | 2021-05-05 | Denied | Response WaivedIFP | constitutional-rights criminal-forfeiture due-process fact-finding forfeiture jury-trial restitution sentencing-enhancements sixth-amendment | Whether the Sixth Amendment to the United States Constitution requires a jury trial on the forfeiture, and whether the Sixth Amendment forbids a trial… |
| 20-7941 | Kiandrick Onick v. United States | Fifth Circuit | 2021-05-05 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process parole sentencing sixth-amendment | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-7918 | Jasper Pollini v. Amy Robey, Warden | Sixth Circuit | 2021-05-04 | Denied | Response WaivedIFP | appellate-counsel habeas-corpus harmless-error ineffective-assistance ineffective-assistance-of-counsel lockhart-v-fretwell sixth-amendment sixth-circuit-review smith-v-robbins strickland-standard strickland-v-washington | 1. Whether Lockhart v. Fretwell's suggestion that "mere outcome determination" is not sufficient to establish prejudice under Strickland v. Washington… |
| 20-7926 | Sadat El-Amin v. Louisiana | Louisiana | 2021-05-04 | Denied | Response WaivedIFP | collateral-review criminal-procedure Fourteenth-Amendment non-unanimous-jury ramos-retroactivity Ramos-v-Louisiana retroactivity Sixth-Amendment teague-framework Teague-v-Lane | 1. Whether this Court's decision in Ramos v. Louisiana, 140 S.Ct. 1390 (2020), applies to cases on State collateral review, where the State follows th… |
| 20-7915 | Larry Marcel Vaughn v. Texas | Texas | 2021-05-03 | Denied | IFP | criminal-procedure due-process habeas-corpus ineffective-counsel right-to-appeal sixth-amendment | WHETHER THE FAILURE OF APPOINTED COUNSEL TO ADVISE PETITIONER OF HIS RIGHT TO APPEAL AND/OR THE ASSESSED PUNISHMENT IN THIS CASE DENIED PETITIONER HIS… |
| 20-7889 | Anthony Sistrunk v. United States | Third Circuit | 2021-04-29 | Denied | IFP | plain-error plain-error-review public-trial public-trial-right sixth-amendment structural-error sua-sponte-closure voir-dire waller-v-georgia | In the context of direct appeal, when the district court sua sponte closes the courtroom for the entirety of voir dire and fails to make findings spec… |
| 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 … |
| 20-1515 | Jason Assad v. Todd Wasmer, Warden, et al. | Eighth Circuit | 2021-04-29 | Denied | Response Waived | certificate-of-appealability criminal-appeal due-process prejudice-presumption sixth-amendment united-states-v-cronic | It is undisputed that the appel late brief filed by Mr. Assad's attor ney on direct appeal was so procedur ally deficit as to preclude consideration o… |
| 20-1512 | Gregory C. Dacanay v. Illinois | Illinois | 2021-04-28 | Denied | Response Waived | criminal-procedure fourteenth-amendment impartial-jury impartiality jury-selection law-enforcement sixth-amendment structural-error | Whether law enforcement officers, despite their answers to voir dire questions, can be fair and impartial jury members in a criminal trial in order to… |
| 20-7864 | James E. Mason, Jr. v. Louisiana | Louisiana | 2021-04-28 | Denied | Response WaivedIFP | criminal-procedure fourteenth-amendment non-unanimous-jury ramos-retroactivity retroactivity sixth-amendment teague-framework teague-v-lane watershed-rule | 1. Whether this Court's decision in Ramos v. Louisiana, 140 S.Ct. 1390 (2020), applies to cases on state collateral review, where the state follows th… |
| 20-7876 | Darrell Tillery v. Darrel Vannoy, Warden | Louisiana | 2021-04-28 | Denied | Response WaivedIFP | collateral-review criminal-procedure fourteenth-amendment non-unanimous-jury Ramos-v-Louisiana retroactivity Sixth-Amendment Teague-v-Lane | 1. Whether this Court's decision in Ramos v. Louisiana, 140 S.Ct. 1390 (2020), applies to cases on State collateral review, where the State follows th… |
| 20-7853 | Craig Allen Morgenstern v. United States | Ninth Circuit | 2021-04-27 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process ex-post-facto fifth-amendment ineffective-assistance jury-instructions sixth-amendment statutory-elements statutory-interpretation supervised-release | But for the errors of the trial court which allowed modified jury instructions that impermissibly deleted statutory elements, defendant would not have… |
| 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… |
| 20-7822 | Trevon Wiley v. Louisiana | Louisiana | 2021-04-22 | Denied | Response WaivedIFP | collateral-review criminal-procedure due-process equal-protection non-unanimous-verdict ramos-precedent retroactivity sixth-amendment state-criminal-procedure teague-standard unanimous-verdict | Does the Court's decision in Ramos v. Louisiana, 140 S.Ct. 1390 (2020) applies to cases on state collateral review, where the State follows the retroa… |
| 20-7823 | Alan Trowbridge v. Jeffrey Woods, Warden | Sixth Circuit | 2021-04-22 | Denied | Response WaivedIFP | appellate-review counsel-deficiency criminal-procedure federal-law habeas-corpus ineffective-assistance-of-counsel judicial-precedent prejudice sixth-amendment sixth-circuit strickland-standard strickland-v-washington | Did the Sixth Circuit Court of Appeals decide an important question of federal law in a way that conflicts with this Court's holding in Strickland v. … |
| 20-7825 | Carlon McGinn v. Kansas | Kansas | 2021-04-22 | Denied | Response WaivedIFP | apprendi-v-new-jersey constitutional-vagueness criminal-history criminal-sentencing due-process fourteenth-amendment judicial-determination jury-trial sentencing-enhancement sixth-amendment | Petitioner's 'OUT OF STATE' crime 'IS NOT' Defined under Kansas State Statutes and used to Enhance His Sentence based on the Determinations of a Judge… |
| 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… |
| 20-7806 | Zacharias Christopher Lee v. United States | Fourth Circuit | 2021-04-20 | Denied | Response WaivedIFP | compulsory-process constitutional-rights discovery-manipulation due-process fair-trial fifth-amendment impartial-jury sentencing sixth-amendment | 1. THE FOURTH CIRCUIT'S DECISION FINDING REASONABLENESS IN THE SENTENCE IMPOSED BY THE DISTRICT COURT IS CONTRARY TO THE FIFTH AMENDMENT DUE PROCESS C… |
| 20-7808 | James R. W. Mitchell v. California | California | 2021-04-20 | Denied | Response WaivedIFP | client-autonomy mccoy-v-louisiana retroactivity sixth-amendment structural-error voluntary-manslaughter | In McCoy v. Louisiana (2018) 138 S.Ct. 1500, this Court held that a criminal defendant has a right of autonomy under the Sixth Amendment to dictate th… |
| 20-7796 | Maurice Atkinson v. United States | Third Circuit | 2021-04-19 | Denied | Response WaivedRelisted (2)IFP | body-armor criminal-procedure due-process false-testimony obstruction-of-justice public-trial sixth-amendment | I. Whether Maurice Atkinson was denied his Sixth Amendment right to a public trial when the courtroom was completely closed to the public pursuant to … |
| 20-7786 | Obidiah McCaskill v. Mark S. Inch, Secretary, Florida Department of Corrections | Florida | 2021-04-16 | Denied | Response WaivedIFP | civil-rights constitutional-violation due-process fair-hearing fifth-amendment florida-statutes liberty sixth-amendment supervised-release unconstitutional | Petitioner, Obidiah McCaskill, Jr. request review of Florida Statutes and case law that have deprived Petitioner of his liberty and been deprived of a… |
| 20-7791 | Shalamar Carmon v. Eric Armel, Superintendent, State Correctional Institution at Fayette, et al. | Third Circuit | 2021-04-16 | Denied | IFP | 14th-amendment 6th-amendment constitutional-rights criminal-homicide due-process fourteenth-amendment procedural-defect sixth-amendment specific-offense vague-statement | (1) Was Petitioner denied due process of law, in violation of the 6th amend. of the U.S.Const., on the grounds that the information he was confronted … |
| 20-7768 | Byron L. Hagans v. Mark Brnovich, Attorney General of Arizona, et al. | Ninth Circuit | 2021-04-15 | Denied | IFP | criminal-procedure due-process fair-trial fourteenth-amendment habeas-corpus sixth-amendment | Does it violate a defendant's Fifth, Sixth and Fourteenth Amendment constitutional rights to be present at trial when he is not informed of the consti… |
| 20-7785 | Kevino Graham v. United States | Third Circuit | 2021-04-15 | Denied | Response WaivedIFP | constitutional-vagueness criminal-procedure criminal-statute due-process effective-assistance-of-counsel human-trafficking sixth-amendment statutory-interpretation vagueness | (A.) "WHETHER PETITIONER GRAHAM WAS DENIED HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL WHEN COUNSEL FAILED TO CHALLENGE; "WHETHER 18 … |
| 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… |
| 20-7739 | Patrick J. Gage v. Reed A. Richardson, Warden | Seventh Circuit | 2021-04-14 | Denied | IFP | constitutional-rights effective-assistance-of-counsel good-faith habeas-corpus reasonable-decision sixth-amendment state-criminal-defendants state-criminal-procedure | Does habeas corpus exist for state criminal defendants? Does the Sixth Amendment Right to effective assistance of counsel exist for Gage? Is the sta… |
| 20-7755 | Wilbert James Veasey, Jr. v. United States | Fifth Circuit | 2021-04-14 | Denied | Response WaivedIFP | civil-regulations constitutional-rights due-process evidence fact-finding fair-trial judicial-proceedings jury-instructions sixth-amendment | (1) Did District court's Jury instruction impermissibly impair and redirect the jury's considerations of the evidence by adding word from Civil Regula… |
| 20-7732 | Tina LaSonya Brown v. Florida | Florida | 2021-04-13 | Denied | IFP | aggravating-factors appellate-review capital-sentencing constitutional-procedure death-penalty due-process ex-post-facto jury-finding jury-findings sixth-amendment | ONE: Petitioner Tina Brown sought state postconviction relief from a 2012 death sentence imposed under the procedure subsequently held unconstitutiona… |
| 20-7715 | In Re Richard DeCaro | 2021-04-12 | Dismissed | Relisted (2)IFP | double-jeopardy ex-post-facto federal-statute first-degree-murder ineffective-assistance ineffective-assistance-of-counsel mandatory-life second-degree-murder sentencing-guidelines sixth-amendment | 1. Whether the Ex Post Facto Clause is violated where petitioner was sentenced to the amended statute, first degree murder, mandatory life, rather tha… | |
| 20-7705 | Marco Antonio Serrano v. United States | Sixth Circuit | 2021-04-09 | Denied | Response WaivedIFP | appellate-waiver career-offender district-court-error due-process mandatory-application plea-agreement sentencing-enhancement sentencing-guidelines sixth-amendment | 1. Can a plea agreement that includes an appellate waiver lawfully deprive a defendant of his right to appeal a sentence that was based on the distric… |
| 20-7679 | Troy Allen Lucas, aka Troy Madron v. United States | Fourth Circuit | 2021-04-08 | Denied | Response WaivedIFP | federal-rule-of-evidence-807 fifth-amendment forensic-evidence inconsistencies sixth-amendment third-party-guilt | Whether the Fifth and Sixth Amendments prohibit a federal court from denying, under Federal Rule of Evidence 807, the admission of testimony provided … |
| 20-7676 | Aaron Orlando Richards v. Darrel Vannoy, Warden | Fifth Circuit | 2021-04-07 | Denied | Response WaivedIFP | circumstantial-evidence criminal-conviction criminal-procedure ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia motion-for-bill-of-particulars motion-to-suppress reasonable-doubt sixth-amendment sufficiency-of-evidence | This is a principal to second degree robbery case based, almost exclusively, on questionable circumstantial evidence that ended in a life sentence for… |
| 20-7669 | Moses Jackson v. Alabama | Alabama | 2021-04-06 | Denied | IFP | alabama-supreme-court due-process fair-trial innocence newly-discovered-evidence sixth-amendment | 1. DID THE ALABAMA CRIMINAL COURT OF APPEALS ISSUE A "BLANKED JUDGEMENT" COVERING UP A CRIME COMMITTED BY PRESIDING JUDGE, MARY B. WINDOM OF THE ALABA… |
| 20-7671 | Ronald E. Johnson v. Derek Schmidt, Attorney General of Kansas, et al. | Tenth Circuit | 2021-04-06 | Denied | Response WaivedIFP | constitutional-review criminal-procedure due-process kansas-supreme-court mandatory-minimums mandatory-sentencing sentencing sentencing-modification sixth-amendment statutory-interpretation sua-sponte | Was Astorga v. Kansas remanded back to the Kansas Supreme Court for the purpose of correcting with the Mandatory Sentence modification of Hard 40/50 p… |
| 20-7664 | Jessie Willie Green v. Willis Chapman, Warden | Sixth Circuit | 2021-04-05 | Denied | Response WaivedIFP | 6th-amendment civil-rights confrontation-clause due-process exculpatory-evidence identification-evidence identification-procedures ineffective-assistance ineffective-assistance-of-counsel sixth-amendment | Question not identified. |
| 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… |
| 20-7644 | Skip Hansen v. Kentucky | Kentucky | 2021-04-01 | Denied | Response WaivedIFP | confrontation-clause constitutional-rights criminal-procedure due-process evidence-exclusion fourteenth-amendment right-to-defense right-to-present-defense sixth-amendment witness-testimony | Did the Kentucky Court of Appeals allow Mr. Hansen 's right to present a full and complete defense, which is protected by the Sixth and Fourteenth Ame… |
| 20-7647 | Gerti Muho v. United States | Eleventh Circuit | 2021-04-01 | Denied | Response WaivedIFP | compulsory-process criminal-justice-system evidentiary-admissibility fair-trial fifth-amendment financial-disability pro-se-defendant sixth-amendment witness-subpoena | Because the deprivation of essential, singular witness testimony supporting an indigent defendant's theory of defense violates the right to compulsory… |
| 20-7616 | Deshun Thomas v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-03-31 | Denied | IFP | constructive-denial cronic cronic-standard effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instructions sentencing sixth-amendment trial-counsel trial-strategy | Is a defendant constructively denied the assistance of counsel under United States v. Cronic, 466 U.S. 648 (1984), when trial counsel tells the jury t… |
| 20-7619 | Thomas Powers v. Greg Scott | Seventh Circuit | 2021-03-31 | Denied | Response WaivedIFP | civil-commitment civil-rights constitutional-delay due-process fourteenth-amendment habeas-corpus mental-health sexual-offender sexual-violent-persons-act sixth-amendment speedy-trial | A. WHETHER THE THE COURTS SHOULD HAVE CONDUCTED A UNITED STATES SUPREME COURT ANALYSIS UNDER MBARKER VS WINGO"407 US 532,92 SCt.2182 ON THE "EIGHT YEA… |
| 20-7623 | Michael Eric Drake v. Pennsylvania | Pennsylvania | 2021-03-31 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel prior-bad-acts sixth-amendment trial-counsel | Did the Pennsylvania Superior Court ignore the Sixth and Fourteenth Amendments when it found no issue with trial counsel's failure to protect his clie… |
| 20-7600 | Antonio Navarro v. California | California | 2021-03-30 | Denied | IFP | confrontation-clause criminal-procedure due-process evidence fourteenth-amendment sixth-amendment translation-evidence witness-testimony | Question not identified. |
| 20-7579 | Donald Phillips v. Texas | Texas | 2021-03-29 | Denied | IFP | 6th-amendment constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel judicial-misconduct juror-misconduct jury prosecutorial-misconduct sixth-amendment trial-procedure | 1. Is it proper or a violation of the 6th Amendment due process law for a defense attorney to discover that during testimony in trial one of the juror… |
| 20-7592 | Alan Eugene Miller v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections | Eleventh Circuit | 2021-03-29 | Denied | IFP | aggravating-factor aggravating-factors caldwell-v-mississippi capital-sentencing death-penalty eighth-amendment jury-instructions jury-verdict sixth-amendment | After petitioner Alan Miller was convicted of murder, the trial judge instructed the jurors that their penalty-phase verdict was merely an advisory re… |
| 20-7574 | Robert K. Rymer v. United States Court of Appeals for the Seventh Circuit | Seventh Circuit | 2021-03-26 | Denied | IFP | 6th-amendment brady-violation civil-rights confrontation-clause due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment | Rymer's state trial violated,Inef. Ass't. of Counsels '/Government by Due Process Cl. 1 Deprived of 6th amdt. attached counsel right by S.P.D. Kuech,… |
| 20-7581 | Michael Hernandez v. Florida | Florida | 2021-03-26 | Denied | IFP | constitutional-rights fact-finding first-amendment judicial-discretion juvenile-sentencing life-sentence mandatory-minimum sentencing-factors sixth-amendment trial-judge | 1. Whether Florida's juvenile sentencing statute - which mandates a life sentence if a certain finding is made and prohibits that sentence when that f… |
| 20-7547 | Saloman Martinez v. United States | Sixth Circuit | 2021-03-25 | Denied | Response WaivedIFP | confrontation-clause constitutional-interpretation criminal-law criminal-procedure due-process evidence judicial-discretion kentucky-law sentencing-guidelines sixth-amendment standard-of-proof supreme-court-precedent | "VVvc G?ccoA * DecetuVi-er 11, Z02 -0 •\Vv£. uvu-V^A sAaFtS C^sAcnIcA' GoOfAr Qa^ senA-e/vc-e\A} WArWfC q^aOoa. roVi»Mj -\ o cx^<^■c \W, £ajz>\rec<\ O… |
| 20-1356 | Eduardo Lopez v. United States | Eleventh Circuit | 2021-03-25 | Denied | appellate-rights conflict-of-interest counsel-disqualification criminal-procedure disqualification guilty-plea sixth-amendment structural-defect wheat-v-united-states | 1. Following Class v. United States, 138 S. Ct. 798 (2018), does a criminal defendant's guilty plea result in the automatic waiver of his right to app… | |
| 20-7552 | Hugo Rufino Alvarez-Reyes v. Brad Cain, Superintendent, Snake River Correctional Institution | Ninth Circuit | 2021-03-24 | Denied | Response WaivedIFP | civil-procedure civil-rights due-process equal-protection expert-testimony first-amendment fourteenth-amendment free-speech ineffective-assistance sixth-amendment standing witness-credibility | 1. Where petitioner is actually innocent and being held in violation of the 8th and 14th Amendments to the United States Constitution, where such peti… |
| 20-7521 | Lionel Lewis v. New York | New York | 2021-03-23 | Denied | Response WaivedIFP | constitutional-rights courtroom-closure criminal-procedure due-process public-trial sixth-amendment undercover-officer | Does an undercover officer's interest in potentially continuing undercover work in the general area where a defendant's family members reside categori… |
| 20-1321 | John Ching En Lee v. United States | Ninth Circuit | 2021-03-23 | Denied | Response WaivedRelisted (2) | 18-usc-1001 6th-amendment certificate-of-appealability due-process ineffective-assistance ineffective-assistance-of-counsel law-of-the-case materiality sixth-amendment | Whether Petitioner is entitled to a Certificate of Appealability since he has made a substantial showing that he was denied Due Process under the Due … |
| 20-1314 | Joshua Gregory Richardson v. United States | Fourth Circuit | 2021-03-22 | Denied | Response Waived | constitutional-rights effective-assistance-of-counsel evidence-suppression ineffective-assistance-of-counsel investigation legal-procedure paid-citation sixth-amendment traffic-stop unlawful-search | Whether Counsel's decision not to suppress evidence unlawfully seized from a traffic stop because a traffic citation was paid, then relying on that pa… |
| 20-1298 | Demetreus A. Keahey v. Dave Marquis, Warden | Sixth Circuit | 2021-03-19 | Denied | Response RequestedResponse WaivedRelisted (2) | 14th-amendment 6th-amendment clearly established federal law regarding a defen criminal-procedure jury-trial or is an unreasonable application of self-defense due-process fourteenth-amendment habeas-corpus jury-trial self-defense sixth-amendment | Whether the failure to give a self-defense jury instruction contradicts, or is an unreasonable application of, clearly established federal law regardi… |
| 20-1304 | In Re Rexford Tweed | 2021-03-19 | Denied | conflict-with-constitution constitutional-violation due-process florida-sentencing-statute habeas-corpus indefinite-sentence indeterminate-sentence parole-eligibility sixth-amendment | There exists exceptional circumstances of a United States Constitutional magnitude, wherein, based on substantive United States Supreme and other Fede… | ||
| 20-1306 | Alan Dale Walker v. Mississippi | Mississippi | 2021-03-19 | Denied | capital-case capital-punishment ineffective-assistance ineffective-assistance-of-counsel investigation mitigation-evidence psychological-trauma sixth-amendment tactical-decisions trial-counsel | 1. Did the Mississippi Supreme Court fail to adhere to this Court's Sixth Amendment jurisprudence requiring counsel in a capital case to conduct a tho… | |
| 20-7504 | Ray A. Gough v. Daniel Q. Sullivan, Warden | Seventh Circuit | 2021-03-18 | Denied | IFP | 28-usc-2254 due-process fourteenth-amendment habeas-corpus sexually-dangerous-persons-act sixth-amendment speedy-trial supreme-court-precedent unreasonable-determination-of-facts | (1) Whether proceedings under the Illinois Sexually Dangerous Persons Act, which may result in incarceration for an indeterminate and possibly lifel… |
| 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… |
| 20-7467 | Timothy Wayne Carver v. United States | Eleventh Circuit | 2021-03-17 | Denied | Response WaivedIFP | criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sixth-amendment | Where plea counsel erroneously convinces a defendant to believe that he is guilty of an offense, may the guilty-pleading defendant obtain relief from … |
| 20-7462 | Anthony Kirkland v. Ohio | Ohio | 2021-03-17 | Denied | IFP | capital-defendant death-penalty fair-trial fifth-amendment fourteenth-amendment impartial-jury ineffective-assistance sixth-amendment | I. Are a capital defendant's rights to a fair trial by an impartial jury, as guaranteed by the Fifth, Sixth, and Fourteenth Amendments, denied when on… |
| 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. |
| 20-7448 | Shuntario Johnson v. United States | Sixth Circuit | 2021-03-15 | Denied | Response WaivedIFP | chambers-v-mississippi confrontation-clause criminal-procedure due-process hearsay jury-instructions right-to-confront-witnesses right-to-present-defense right-to-present-evidence sixth-amendment | Whether the Sixth Circuit's decision to affirm the hearsay objection was contrary to Chambers v. Mississippi, 410 U.S. 284, 302 (1973) and its progeny… |
| 20-1253 | Charles L. Stringer v. Storesonline, Inc., et al. | Mississippi | 2021-03-10 | Denied | chancery-court civil-procedure constitutional-rights due-process first-amendment fourteenth-amendment motion-to-strike pro-se-representation sixth-amendment statutory-interpretation | 1 DID THE MISSISSIPPI SUPRME COURT BREAK STATE LAW WHEN IT WOULD NOT APPLY THE MANDATORY LANGUAGE IN THE USE OF THE WORD OF SHALL IN MISSISSIPPI CO… | |
| 20-1240 | Francisco Javier Palillero v. United States | Tenth Circuit | 2021-03-09 | Denied | Response RequestedResponse WaivedRelisted (2) | criminal-procedure discovery-sanctions dna-evidence expert-testimony right-to-defense right-to-present-defense rule-16 sixth-amendment | Whether precluding a criminal defendant's DNA rebuttal expert testimony as a Rule 16(d)(2) sanction for a non-willful violation is compatible with the… |
| 20-1245 | Pedro Vasquez v. Massachusetts | Massachusetts | 2021-03-09 | Denied | Response Waived | appellate-counsel contract-obligations contracts-clause criminal-procedure due-process equal-protection fee-advancement impairment indigent-defense sixth-amendment | 1. Whether the Massachusetts Supreme Judicial Court impaired the obligation of a contract in contravention of Article I, sec. 10, cl. 1 of the U.S. Co… |
| 20-7381 | Larry Wilkerson v. United States | District of Columbia | 2021-03-09 | Denied | Response WaivedIFP | circuit-conflict evidence-based-concerns juror-discharge legal-disagreement rule-23(b)(3) sixth-amendment standard-of-review trial-court-discretion voir-dire | I. WHETHER THE COURT SHOULD RESOLVE THE CONFLI CT I N THE CI RCUI TS REGARDI NG THE STANDARD APPLI CABLE TO DETERMI NING W HEN THE SI XTH AMENDMENT PR… |
| 20-7357 | Raymond Eugene Johnson v. Oklahoma | Oklahoma | 2021-03-09 | Denied | IFP | collateral-review criminal-defense criminal-procedure defendant-autonomy retroactivity right-of-autonomy sixth-amendment teague-rule teague-v-lane | In McCoy v. Louisiana , 138 S. Ct. 1500 (2018), this Court held the Sixth Amendment grants a right of autonomy that precludes criminal defendants' law… |
| 20-7364 | James Baldwin v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. | Third Circuit | 2021-03-08 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process effective-counsel equal-protection ineffective-assistance mental-disability sixth-amendment | 1. Whether Appellant was denied rights under the Sixth and Fourteenth Amendments of the United States Constitution to effective trial counsel and w… |
| 20-7353 | Fivea Sharipoff v. Rob Persson, Superintendent, Coffee Creek Correctional Institution | Ninth Circuit | 2021-03-08 | Denied | IFP | collateral-review constitutional-rights criminal-trial due-process evidence habeas-corpus jury meaningful-defense non-unanimous-jury retroactivity sixth-amendment | I. Whether, in a case where the jury question was whether Petitioner acted with extreme indifference to the value of human life when she made a drivin… |
| 20-1236 | Jason Avery Anderson v. Harold W. Clarke, Director, Virginia Department of Corrections | Virginia | 2021-03-08 | Denied | as-applied-challenge constitutional-challenge cruel-and-unusual-punishment due-process effective-assistance-of-counsel eighth-amendment fourteenth-amendment sixth-amendment va-code-18.2-361 va-code-18.2-366 | A. Is Anderson is being subjected to cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution because Va. C… | |
| 20-7337 | Kevin Thurlow v. Michelle Edmark, Warden | First Circuit | 2021-03-05 | Denied | IFP | conflict-of-interest constitutional-violation counsel-representation ineffective-assistance procedural-default sixth-amendment sixth-amendment-conflict-free-clause strickland-standard witness-testimony | Initially the Petitioner asserted two constitutional violation claims of his The first being that his counsel was ineffective for failing Sixth Amendm… |
| 20-7336 | Donovan Jonathan Tillman v. Florida | Florida | 2021-03-05 | Denied | Response WaivedIFP | constitutional-rights courtroom-access criminal-procedure due-process evidentiary-hearing pretrial-hearing public-trial-clause sixth-amendment state-court-decision witness-exclusion | Did the state court, contrary to rulings of this Court and of the supreme and intermediate appellate courts of other states, violate the Public Trial … |
| 20-7341 | James Coddington v. Jim Farris, Warden | Tenth Circuit | 2021-03-05 | Denied | Amici (1)IFP | capital-punishment criminal-procedure due-process habeas-corpus harmless-error material-evidence mens-rea right-to-defense right-to-present-defense sixth-amendment | On direct appeal, the state court found that constitutional error marred the trial, which ended with a death sentence for petitioner. The error—barrin… |
| 20-7343 | Justin David Williams v. Utah | Utah | 2021-03-05 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure cross-examination due-process evidence hearsay sixth-amendment standard-of-review witness-testimony | Why was I denied the right to cross-examine my accused attacker, thereby violating my Sixth Amendment right "the accused shall enjoy the right to be c… |
| 20-7350 | Adam DeVore v. Ohio | Ohio | 2021-03-05 | Denied | IFP | due-process effective-assistance-of-counsel fourteenth-amendment government-misconduct indictment-misconduct manifest-miscarriage-of-justice sixth-amendment waiver-of-indictment | The following questions presented involves a post-sentence withdraw of plea for government misconduct: 1) Is the service of a fake indictment ("warra… |
| 20-7316 | Jose Luis Morales v. Stuart Sherman, Warden | Ninth Circuit | 2021-03-03 | Denied | IFP | appeal appellate-review district-court-discretion effective-counsel first-appeal post-conviction post-judgment-appeal sixth-amendment state-statutory-right statutory-right | 1. Does the Sixth Amendment right to effective counsel on appeal apply to when the appeal takes place years after conviction and the defendant had a s… |
| 20-7309 | Phillip Maldonado v. Pennsylvania | Pennsylvania | 2021-03-03 | Denied | IFP | civil-rights due-process equal-protection habeas-corpus ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington supremacy-clause | I. DOES THE FEDERAL CONSTITUTION'S ARTICLE VI, CLAUSE 2 SUPREMACY CLAUSE PRESCRIBE A RULE OF DECISION UNDER INTERPRETATION OF THE SIXTH AMENDMENT PER … |
| 20-1216 | Faysal Khalaf v. Ford Motor Company, et al. | Sixth Circuit | 2021-03-03 | Denied | Response Waived | appellate-review civil-procedure civil-rights due-process evidence-standard jackson-v-virginia jury-findings seventh-amendment sixth-amendment | 1. Whether the sufficiency-of-the-evidence standard under the Sixth Amendment, as established by the Court in Jackson v. Virginia, 443 U.S. 307 (1979)… |
| 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,… |
| 20-7275 | Alvin Herron v. Mark S. Inch, Secretary, Florida Department of Corrections | Eleventh Circuit | 2021-02-26 | Denied | Response WaivedIFP | certificate-of-appealability confrontation-clause criminal-procedure due-process hearsay ineffective-assistance ineffective-assistance-of-counsel interrogation prior-record 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… |
| 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… |
| 20-7273 | Patrick Roger Brigaudin v. United States | Eighth Circuit | 2021-02-26 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fair-trial plea-bargaining prosecutorial-discretion prosecutorial-misconduct sentencing sentencing-enhancement sixth-amendment | iOhLtbtr flu pr&seci&.t'ofa thctcjfd to cl, dtftndanf that- he lO&tL'ld. rectrVe. h'-ft 5-cofence (f ht d:d not accept cl p{tQ_ tf-f fer cLto (td. h<… |
| 20-7259 | Juan Garcia v. United States | Tenth Circuit | 2021-02-26 | Denied | Response WaivedIFP | certificate-of-appealability compulsory-process constitutional-rights criminal-procedure district-court due-process effective-assistance-of-counsel section-2255 sixth-amendment | 1. Was petitioner denied his Constitutional right to effective assistance of counsel during his trial, that is guaranteed by the Sixth Amendment of th… |
| 20-7252 | John Raymond Travis v. California | California | 2021-02-25 | Denied | IFP | capital-punishment cruel-and-unusual-punishment due-process effective-assistance-of-counsel fifth-amendment jury-instructions mitigating-factors sixth-amendment | 1. May a trial court, consistent with the requirements of the federal Fifth, Sixth, Eighth and/or Fourteenth Amendment guarantees of a fundamentally f… |
| 20-7249 | Derrick Miles v. Illinois | Illinois | 2021-02-25 | Denied | IFP | 14th-amendment 6th-amendment criminal-appeal due-process eyewitness-identification fair-trial fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment trial-procedure witness-identification | 1). Whether the State of Illinois Appellate Court ruling denying petitioner's claim, where his murder conviction must be reversed, where his convictio… |
| 20-7230 | Stanley Joseph Thompson v. United States | Eleventh Circuit | 2021-02-25 | Denied | Response WaivedIFP | constitutional-provisions counsel-concession criminal-defense criminal-defense-counsel due-process ineffective-assistance ineffective-assistance-of-counsel mccoy-v-louisiana prejudice sixth-amendment trial-strategy | 1. Whether the Sixth Amendment permits criminal defense counsel to unilaterally concede his client's guilt before the jury at trial—over the defendant… |
| 20-7227 | Marcus Conner v. Indiana | Indiana | 2021-02-25 | Denied | Response WaivedIFP | barker-test barker-v-wingo constitutional-rights due-process prejudice-factor pretrial-incarceration sixth-amendment speedy-trial | Whether this Court should grant certiorari to resolve the conflict in the federal and state courts over recognizing that lengthy pretrial incarceratio… |
| 20-7236 | Vincent E. Boyd v. Dylon Radtke, Warden | Seventh Circuit | 2021-02-24 | Denied | IFP | certificate-of-appealability court-procedure due-process legal-representation pro-se-defendant self-representation sixth-amendment sixth-amendment-right standby-counsel | Should courts have to clearly define, on the record, the proper role of standby counsel in the proceedings? In other words, should courts engage in a … |
| 20-7216 | Antwan Seawood v. United States | Eighth Circuit | 2021-02-24 | Denied | Response WaivedIFP | abuse-of-discretion criminal-procedure criminal-sentencing dismissed-charges fifth-amendment sentencing sentencing-discretion sixth-amendment | Did the District Court abuse its discretion and violate Appellant's Fifth and Sixth Amendment rights by sentencing him to a term of 240 months based u… |
| 20-7225 | Derek Michael Rigsby v. Colorado | Colorado | 2021-02-24 | Denied | IFP | criminal-procedure criminal-trial double-jeopardy due-process jury-instructions jury-verdict legal-remedy mutually-exclusive-verdicts sixth-amendment | Whether the Due Process Clause and the Sixth Amendment require that a defendant receive a new trial where a jury returns mutually exclusive guilty ver… |
| 20-7240 | Joseph A. Hollahan v. Illinois | Illinois | 2021-02-24 | Denied | Response WaivedIFP | civil-rights courtroom-privacy due-process evidence-examination fair-trial jury-deliberations jury-room non-juror-presence public-trial sixth-amendment trial-procedure | Does the right to private and secret jury deliberations apply only in the jury room? |
| 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… |
| 20-7221 | William David Cannon v. Harold W. Clarke, Director, Virginia Department of Corrections | Fourth Circuit | 2021-02-23 | Denied | Response WaivedIFP | aggregate-prejudice criminal-procedure cumulative-effect due-process fourth-circuit ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington | Whether the Fourth Circuit's judicial precedence of not reviewing multiple ineffective assistance of counsel claims for the cumulative effect and aggr… |
| 20-7214 | Eric Kurt Patrick v. Florida | Florida | 2021-02-23 | Denied | IFP | fifth-amendment impartial-jury ineffective-assistance-of-counsel juror-bias sixth-amendment trial-strategy voir-dire | Where the purpose of voir dire is to empanel an impartial jury as guaranteed by the Sixth Amendment, but an actual biased juror is not removed for cau… |
| 20-7204 | Shane Faithful v. United States | Fifth Circuit | 2021-02-22 | Denied | Response WaivedIFP | controlled-substance controlled-substances criminal-distribution criminal-law federal-sentencing medical-care medical-prescription prescription-drugs sentencing sixth-amendment statutory-interpretation | 1. Whether a physician who prescribes a controlled substance to a patient for reasons other than medical care has unlawfully "dispensed" the substance… |
| 20-7203 | Chiron Sharrol Francis v. Texas | Texas | 2021-02-22 | Denied | Response WaivedIFP | chambers-v-mississippi confrontation-clause crane-v-kentucky crime-scene-evidence due-process evidence-authentication evidence-preservation fair-trial right-to-present-defense sixth-amendment | 1. The police violate State criminal law, Federal and State regulations, and their own procedures and policies in disposing of and failing to preserve… |
| 20-7202 | Deon Anthony Romell Bailey v. United States | Eighth Circuit | 2021-02-22 | Denied | Response WaivedIFP | civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-counsel ninth-circuit plea-bargaining post-conviction sentencing sixth-amendment | Did the Eighth Circuit improperly deny Petitioner's Sixth Amendment right to effective assistance of counsel by failing to remand to the district cour… |
| 20-7198 | Benjamin Edward Henry Bradley v. United States | Sixth Circuit | 2021-02-22 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | apprendi apprendi-doctrine criminal-forfeiture honeycutt honeycutt-precedent in-personam-judgment in-personam-money-judgments judge-found-facts jury-finding sixth-amendment | 1. Whether, under Apprendi and its progeny, a court violates the Sixth Amendment's jury-finding requirements by ordering forfeiture, over the defendan… |
| 20-7192 | Phillip Vance Smith, II v. Josh Stein, et al. | Fourth Circuit | 2021-02-22 | Denied | Response WaivedIFP | civil-rights constitutional-review criminal-procedure death-penalty due-process fourth-circuit habeas-corpus ineffective-assistance-of-counsel retroactivity sixth-amendment teague-doctrine | Whether the rule announced in McCoy v. Louisiana, 138 U.S. 1500 (2018) applies retroactively to cases on collateral review. |
| 20-1147 | Thomas Jefferson Smallwood v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-02-22 | Denied | certificate-of-appealability compulsory-process confrontation confrontation-clause fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment standard-of-review | Should a certificate of appealability issue to determine if defense counsel was ineffective in not making an objection to the exclusion of testimony f… | |
| 20-1136 | Peter Capote v. Alabama | Alabama | 2021-02-19 | Denied | 6th-amendment aggravating-circumstances capital-punishment death-penalty judicial-fact-finding judicial-weighing jury-trial mitigating-circumstances sentencing-scheme sixth-amendment | 1. Whether the Alabama death penalty sentencing scheme, which leaves it to the judge to find whether the aggravating circumstances outweigh the mitiga… | |
| 20-1129 | Scott Phillip Flynn v. United States | Eighth Circuit | 2021-02-17 | Denied | Amici (1) | constitutional-rights criminal-procedure due-process guilty-plea irs jury-trial klein-conspiracy restitution seventh-amendment sixth-amendment | L. Whether the due process clause of the United States Constitution, as discussed in McCarthy v. United States, 394 U.S. 459 (1969) and more recent de… |
| 20-7172 | Dakota Manucy Constantin v. Florida | Florida | 2021-02-17 | Denied | Response WaivedIFP | advisory-guidelines criminal-procedure due-process fifth-amendment judicial-discretion sentencing sentencing-guidelines sixth-amendment uncharged-conduct | WAS CONSTANTIN DENIED DUE PROCESS WHEN THE SENTENCING COURT RELIED UPON UNCHARGED CONDUCT IN IMPOSING A SENTENCE IN EXCESS OF THAT RECOMMENDED BY THE … |
| 20-7161 | Tyrell E. Artis v. Ohio | Ohio | 2021-02-16 | Denied | IFP | constitutional-rights domestic-violence due-process fourteenth-amendment ineffective-assistance plea-bargaining plea-withdrawal res-judicata sentencing-enhancement sixth-amendment | CAN A PLEA DEAL CONSISTING OF TWO (2) MISDEMEANOR DOMESTIC VIOLENCE CHARGES BE WITHDREW POST SENTENCE, WHEN; (1 ) NO DIRECT APPEAL WAS TAKEN; (2) SAID… |
| 20-7152 | Brian Hook v. Indiana | Indiana | 2021-02-16 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process guilty-plea habitual-offender ineffective-assistance ineffective-assistance-of-counsel sentencing sixth-amendment | Whether the Indiana Courts erred denying Petitioner was deprived of effective assistance of counsel in violation of the Fifth, Sixth, and Fourteenth A… |
| 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. |
| 20-7125 | Rashan Williams v. Louisiana | Louisiana | 2021-02-11 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | collateral-review criminal-procedure Fourteenth-Amendment non-unanimous-jury retroactivity Sixth-Amendment Teague-v-Lane | 1. Whether this Court's decision in Ramos v. Louisiana, 140 S.Ct. 1390 (2020), applies to cases on State collateral review, where the State follows th… |
| 20-7121 | Georges Michel v. United States | Eleventh Circuit | 2021-02-11 | Denied | Response WaivedIFP | 21-usc-841 apprendi-rule apprendi-v-new-jersey drug-quantity due-process jury-trial sentencing-guidelines sixth-amendment statutory-maximum | Whether the Court of Appeals erred, reversibly, in affirming the district court's decision—making a drug quantity determination, after the Remand—wher… |
| 20-7118 | Terry Allen Miles v. United States | Fifth Circuit | 2021-02-11 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process evidence fifth-amendment sentencing sentencing-procedure sixth-amendment | Did the trial court violate the 5th and 6th Amendments to the Constitution of the United States in overruling Petitioner's objection to the inclusion … |
| 20-7089 | Kemen Lavatos Taylor, II v. Tim Walz, Governor of Minnesota, et al. | Eighth Circuit | 2021-02-09 | Denied | Response WaivedIFP | constitutional-scrutiny courtroom-closure courtroom-closures eighth-circuit-court-of-appeals judicial-procedure minnesota-supreme-court public-trial sixth-amendment triviality-exception | 1. Whether the Sixth Amendment's public trial guarantee contains a triviality exception, consistent with the Minnesota Supreme Court and Eight Circuit… |
| 20-7055 | Bernard F. Verrett v. Darrel Vannoy, Warden | Fifth Circuit | 2021-02-05 | Denied | Response WaivedIFP | criminal-defense defense-expert due-process expert-witness fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel intent intent-element sixth-amendment strickland-standard | QUESTION 1: Whether Strickland requires counsel to procure an adequate defense expert to negate or mitigate the intent element of the crime when that … |
| 20-7065 | Anibal Canales, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-02-05 | Denied | Amici (2)Relisted (13)IFP | capital-habeas capital-punishment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence penalty-phase prejudice sixth-amendment Wiggins-v-Smith | 1. For penalty phase ineffective assistance of counsel violations, has Richter "established a substantial likelihood standard for evaluating prejudice… |
| 20-7064 | Justin Lee Perry v. North Carolina | North Carolina | 2021-02-05 | Denied | Response WaivedIFP | constitutional-amendment due-process felony felony-charge fourteenth-amendment grand-jury indictment sixth-amendment trial-modification | 1. Since the N.C. Constitution guarantees indictment by a grand jury for felony charges, does the N.C. Supreme Court decision conflict with Plveiff. D… |
| 20-7063 | Pablo Damiani-Melendez v. Robert May, Warden, et al. | Third Circuit | 2021-02-05 | Denied | Response WaivedIFP | certiorari conflict-of-interest constitutional-rights constitutional-violations due-process fifth-amendment ineffective-assistance-of-counsel legal-challenge self-representation sixth-amendment supreme-court-review | Question not identified. |
| 20-7053 | Hector Manuel Torres v. Texas | Texas | 2021-02-05 | Denied | IFP | effective-assistance-of-counsel equal-protection fourteenth-amendment ineffective-assistance plea-bargain retroactivity sixth-amendment strickland-standard | In Ghaidez V United kStages. 56B U . S . 342( 2023 ) this court decided that Padilla V Kentucky , dis not apply retroactive and announced a new rule… |
| 20-7050 | Mustafa Muhammad v. United States | Fourth Circuit | 2021-02-05 | Denied | Response WaivedIFP | 6th-amendment civil-rights constitutional-right criminal-procedure due-process indiana-courts ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief sixth-amendment | Question not identified. |
| 20-1071 | West Virginia, ex rel. June Yurish, et al. v. Laura V. Faircloth, Judge, Circuit Court of West Virginia, 23rd Judicial Circuit, et al. | West Virginia | 2021-02-05 | Denied | 6th-amendment conflict-of-interest counsel-of-choice criminal-procedure due-process joint-representation sixth-amendment standing supremacy-clause | Whether a state precedent which uses a state rule of procedure to disregard its own test for balancing the Constitutional interests implicated by a pr… | |
| 20-1065 | Christopher Hudler v. Pennsylvania | Pennsylvania | 2021-02-04 | Denied | Response Waived | constitutional-rights criminal-procedure due-process extradition fourteenth-amendment in-absentia in-absentia-trial sixth-amendment | Whether petitioner's judgment of conviction was rendered in violation of the Sixth and Fourteenth Amendments to the United States Constitution, where … |
| 20-7041 | Bruce Kintrell Green v. United States | Fifth Circuit | 2021-02-04 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment parole sentencing sixth-amendment statutory-interpretation | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-7029 | Odell Kinard, Jr. v. United States | Ninth Circuit | 2021-02-03 | Denied | Response WaivedIFP | constitutional-rights continuance multi-defendant severance sixth-amendment speedy-trial statutory-rights trial-delay | Does Petitioner sacrifice his Sixth Amendment and statutory rights to a speedy trial by the District Court's repeated denial of his motion to sever hi… |
| 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… |
| 20-7017 | Dennis Martin Beyer, Jr. v. Texas | Texas | 2021-02-02 | Denied | IFP | constitutional-requirement continuous-sexual-abuse criminal-procedure criminal-trial due-process jury-conviction jury-unanimity sixth-amendment texas-court-of-criminal-appeals | Does the constitutional requirement of jury unanimity require a jury to be unanimous as to specific acts of sexual abuse in order to convict a defenda… |
| 20-7012 | Stanley Dan Reczko, III v. United States | Ninth Circuit | 2021-02-02 | Denied | Response WaivedIFP | appellate-procedure circuit-court continuance district-court judicial-discretion legal-doctrine party-presentation sixth-amendment sixth-amendment-challenge united-states-v-sineneng-smith | Does the Ninth Circuit's rule permitting it to decline to address a defendant's Sixth Amendment challenge (arising from the district court's denial of… |
| 20-7009 | Mark Rudolph Arsenio Reed v. Robert Toole, Warden, et al. | Eleventh Circuit | 2021-02-02 | Denied | Response WaivedRelisted (2)IFP | civil-rights due-process effective-assistance-of-counsel equal-protection first-amendment fourteenth-amendment indigent-defendant motion-in-arrest sixth-amendment standing | Georgia state law O.C.G.A. 17-9-61 provides the following: (a) When a judgement has been rendered, either party may move in arrest thereof for any def… |
| 20-6977 | Joshua Ryan Dorman v. United States | Fifth Circuit | 2021-01-28 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-6981 | Phillip Jay Walter, Jr. v. Texas | Texas | 2021-01-28 | Denied | Relisted (2)IFP | 6th-amendment appellate-procedure due-process fair-trial ineffective-assistance-of-counsel meaningful-appeal pro-se-litigant sixth-amendment venue | 1) Is an Appellate Court duty bound to ensure that an appellant —Represented or Pro Se—is afforded a full, fair, & meaningful appeal, to inlcude: Ini… |
| 20-6985 | Zongli Chang v. United States | Sixth Circuit | 2021-01-28 | Denied | Response WaivedIFP | appellate-waiver constitutional-rights due-process fines plea-agreement sentencing sentencing-guidelines sixth-amendment statutory-maximum | In a plea agreement that was tied to a fine guideline range, the Petitioner was never told his "maximal possible penalty" in terms of fine and forfeit… |
| 20-6954 | Brenda Yadira Gamez-Castaneda v. United States | Fifth Circuit | 2021-01-27 | Denied | Response WaivedIFP | alien-smuggling criminal-procedure criminal-sentencing due-process judge-found-facts judicial-fact-finding jury-trial jury-trial-rights sentencing sentencing-guidelines sixth-amendment | Petitioner pleaded guilty to conspiracy to transport aliens within the United States and being found in the United States after a previous deportation… |
| 20-6935 | Melvin Wofford v. Jeffrey Woods, Warden | Sixth Circuit | 2021-01-26 | Denied | Response WaivedIFP | constitutional-question criminal-trial deliberating-juror deliberation-process judicial-discretion juror-dismissal juror-removal jury-unanimity merits-of-the-case sixth-amendment unanimous-jury-verdict | Does a trial court violate the defendant's Sixth Amendment right to a unanimous jury verdict when the record establishes a reasonable possibility that… |
| 20-6917 | Frank McAfee v. United States | Fifth Circuit | 2021-01-26 | Denied | Response WaivedIFP | appellate-procedure counsel-performance fifth-circuit ineffective-assistance insufficient-record legal-standard procedural-dismissal sixth-amendment specific-objection strategic-reasons | I. DID THE FIFTH CIRCUIT FAIL TO FOLLOW ITS OWN LAW AND THAT OF OTHER CIRCUITS WHEN IT DISMISSED MR. MCAFEE'S APPEAL ALLEGING INEFFECTIVE ASSISTANCE B… |
| 20-6929 | Stephen Hugueley v. Tony Mays, Warden | Sixth Circuit | 2021-01-25 | Rehearing | Relisted (2)IFP | habeas-corpus ineffective-assistance-of-counsel martinez-v-ryan procedural-default sixth-amendment strickland-v-washington | In Martinez v. Ryan , 566 U.S. 1, 12 (2012) , this Court reaffirmed the right to effective representation " is a bedrock principle in our justice sys… |
| 20-6925 | Leonidas Iraheta and Eduardo Hernandez v. United States | Ninth Circuit | 2021-01-25 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process fifth-amendment judge-found-facts judicial-discretion jury-trial sentencing sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments prohibit severe increases to the sentences of criminal defendants using judge-found facts rejected by the jury. |
| 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… |
| 20-6916 | Stephen M. Patterson, Jr. v. United States | Sixth Circuit | 2021-01-22 | Denied | Response WaivedIFP | 6th-amendment civil-rights due-process edwards-standard indiana-v-edwards mental-competency self-representation sixth-amendment waiver-of-counsel | 1. Whether Edwards' heightened competency standards apply when a court grants a borderline competent and mentally ill defendant's request to represent… |
| 20-6915 | Scott Lee Peterson v. California | California | 2021-01-22 | Denied | Response WaivedIFP | capital-murder death-penalty eighth-amendment jury-selection sixth-amendment voir-dire witherspoon-challenge witherspoon-v-illinois | Petitioner was charged with capital murder. During voir dire, and based solely on answers to jury questionnaires, the state trial court systematically… |
| 20-6911 | Dimas Alfaro-Granados v. United States | Eleventh Circuit | 2021-01-15 | Denied | Response WaivedIFP | certificate-of-appealability criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel juvenile-sentencing miller-v-alabama rico-enterprise sentencing sixth-amendment vicar | [1]- 1st Question Presented on Request and Application for COA Did the appellate court err in denying a certificate of appealability on whether the di… |
| 20-6906 | Charles Hamilton v. Steven Johnson, Administrator, New Jersey State Prison, et al. | Third Circuit | 2021-01-15 | Denied | Response WaivedIFP | aedpa aedpa-restrictions counsel-of-choice criminal-defendant criminal-defendant-rights federal-law sixth-amendment state-court state-court-review | 1. Whether a State Court's erroneous denial of a criminal defendant's Sixth Amendment Right to be represented by counsel of choice, resulted in a d… |
| 20-6896 | Phillip A. Benjamin v. Florida | Florida | 2021-01-15 | Denied | Response WaivedIFP | criminal-procedure due-process equal-protection fair-trial fourteenth-amendment jury-selection sixth-amendment witness-testimony | 1. Did the Trial Court err when limiting the testimonies of the defense witness from testifying of vital information, therefore, hindering the Defenda… |
| 20-6885 | David Alan Vogel v. United States | Fifth Circuit | 2021-01-14 | Denied | Response WaivedIFP | 10th-amendment 2255-appeal 2255-motion 6th-amendment certificate-of-appealability circuit-court-precedent constitutional-grounds sixth-amendment supreme-court-precedent tenth-amendment | 1. Did the 5th Circuit violate the precedent of this Supreme Court and the legal standard of every other circuit when it denied Certificate of Appeal… |
| 20-6856 | Lavon Oden v. Neil Turner, Warden | Sixth Circuit | 2021-01-14 | Denied | Response WaivedRelisted (2)IFP | confrontation-clause cross-examination effective-assistance-of-counsel hearsay hearsay-evidence ineffective-assistance prosecutorial-misconduct sixth-amendment | Was LaVon Oden's Sixth Amendment:.Confrontation Clause right to directly confront witnesses; the right to cross examine adverse witnesses violated, wh… |
| 20-6888 | Christina Elizabeth Pandey v. United States | Fifth Circuit | 2021-01-14 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-6892 | Vashaun Williams v. Illinois | Illinois | 2021-01-14 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment compelled-testimony constitutional-rights criminal-procedure due-process fair-trial fourteenth-amendment jury-instructions self-incrimination sixth-amendment | 4he U^e^lc'i^erAfeasor 4o Calf D^Pe^SC. a [/lo/aJ't'ojO o\ b&fh A" Q/^A /VA^ejuAbeAs Pcl coi-f-yjsSS Cr -jP23) |a)\\hoiA XoooL/Ap -Me u)eplAby -fhe. … |
| 20-6869 | Tavarius D. Radford v. Illinois | Illinois | 2021-01-13 | Denied | Response WaivedIFP | courtroom-closure direct-appeal ineffective-assistance partial-closure public-trial sixth-amendment structural-error waller-v-georgia weaver-v-massachusetts | (1) Whether the "overriding interest" test established by this Court in Waller v. Georgia, 467 U.S. 39 (1984), to determine if a defendant's Sixth Ame… |
| 20-6864 | Brian David Hill v. United States | Fourth Circuit | 2021-01-13 | Denied | Response WaivedIFP | appellate-review criminal-appeal criminal-procedure due-process jury-trial preponderance-of-evidence reasonable-doubt sixth-amendment supervised-release trial-by-jury | Whether the United States Court of Appeals for the Fourth Circuit erred in failing to find that the district court erred in sentencing Petitioner by d… |
| 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… |
| 20-6820 | Eljarod Lawson v. California | California | 2021-01-12 | Denied | Response WaivedIFP | confrontation confrontation-clause constitutional-immunity due-process sexual-assault sixth-amendment sixth-fourteenth-amendment testimonial-hearsay witness-unavailability | A. Was the Sixth Amendment right of confrontation violated when the court allowed the use of the prior transcripted testimony of the complaining witne… |
| 20-6850 | Ronald Eugene Weems v. Alabama | Alabama | 2021-01-12 | Denied | Response WaivedIFP | alabama-supreme-court attorney-representation constitutional-rights court-review due-process habeas-corpus ineffective-assistance-of-counsel ineffective-counsel legal-representation post-conviction sixth-amendment | I) Does the Supreme Court of the United States have authority to represent a client in a post conviction petition when the Supreme Court's representat… |
| 20-6837 | Jacob Ray Owens v. United States | Fifth Circuit | 2021-01-12 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure drug-crimes fact-finding judicial-fact-finding methamphetamine-distribution plea-agreement plea-bargaining sentencing sentencing-guidelines sixth-amendment | Petitioner pleaded guilty to conspiracy to possess with intent to distribute methamphetamine. He admitted to the district court only to possession of … |
| 20-6821 | Matthew Jamal Jackson v. Texas | Texas | 2021-01-12 | Denied | IFP | 14th-amendment 6th-amendment civil-rights constitutional-rights due-process fourteenth-amendment prejudice pretrial-incarceration public-trial sixth-amendment speedy-trial | Whether petitioner was denied his Constitutional Right to a Speedy Trial Pursuant to the Sixth and Fourteenth Amendments. Gonzales v. State, 435 S.W.3… |
| 20-6836 | Julian P. Gutierrez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-01-11 | Denied | IFP | appellate-counsel appellate-review criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel | Whether the Petitioner received Effective Assistance of Counsel as guaranteed by the Sixth Amendment to the United States Constitution, viz.: a. Whet… |
| 20-6831 | David Garcia v. United States | Sixth Circuit | 2021-01-11 | Denied | Response WaivedIFP | circuit-court constitutional-rights criminal-procedure direct-appeal duty-to-adjudicate existing-record ineffective-assistance ineffective-assistance-of-counsel merits sixth-amendment | Whether a circuit court of appeals has a duty to adjudicate the merits of a Sixth Amendment ineffective assistance of counsel claim raised by a defend… |
| 20-926 | Duane Ronald Belanus v. Montana | Montana | 2021-01-11 | Denied | Response Waived | civil-rights due-process juror-privacy public-trial sixth-amendment voir-dire | Question not identified. |
| 20-916 | Nathaniel K. Hooker v. Illinois | Illinois | 2021-01-08 | Dismissed | 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… | |
| 20-921 | Braulio Marcelo Castillo v. Virginia | Virginia | 2021-01-08 | Denied | Response Waived | child-witness closed-circuit-testimony confrontation-clause crawford-precedent crawford-v-washington criminal-trial due-process maryland-v-craig sixth-amendment | 1. Does the Confrontation Clause allow a non-victim child witness to testify against his father via two-way closed-circuit television when the witness… |
| 20-6806 | Troy Merck, Jr. v. Florida | Florida | 2021-01-08 | Denied | IFP | autonomy-defense criminal-defense due-process mccoy-v-louisiana sixth-amendment specific-intent trial-counsel voluntary-intoxication | 1.Whether a defendant's "[a]utonomy to decide that the objective of the defense is to assert innocence." McCoy v. Louisiana , 138 S.Ct. 1500, 1508 (20… |
| 20-6810 | Michael Lanier Watkins v. Georgia | Georgia | 2021-01-08 | Denied | IFP | criminal-procedure defendant-rights due-process ineffective-assistance judicial-discretion lesser-included-offense sixth-amendment trial-counsel | Did Petitioner receive ineffective assistance of counsel when his trial counsel, against Petitioner's instruction, asked the trial court to return a c… |
| 20-6811 | Jesus Eder Moreno Ornelas v. United States | Ninth Circuit | 2021-01-08 | Denied | Relisted (2)IFP | attempted-murder due-process felon-in-possession firearms jury plain-error-review rehaif-standard sentencing-guidelines sixth-amendment | A. The government failed to overcome the presumption of innocence when the jury could not reach a verdict on an attempted murder count. Did it violate… |
| 20-913 | Joseph Wilborn v. Alex Jones, Acting Warden | Seventh Circuit | 2021-01-08 | Denied | Response Waived | circuit-split federal-habeas federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions sixth-amendment state-court-decision strickland-standard strickland-v-washington | During opening statements at Petitioner's murder trial, his counsel promised the jury that it would hear from the only eyewitness. Counsel later reneg… |
| 20-6778 | Richard Anderson v. United States | Second Circuit | 2021-01-05 | Denied | Response WaivedIFP | burden-of-proof courtroom-closure criminal-procedure family-member-exclusion public-trial sixth-amendment triviality-exception waller-v-georgia | On October 4, 2013, and again on December 4, 2013, Kevin Felton, a friend of Mr. Anderson, tried to attend Mr. Anderson's trial. On both occasions, wi… |
| 20-6776 | Charod Becton v. United States | Second Circuit | 2021-01-05 | Denied | Response WaivedIFP | alleyne-v-united-states apprendi-v-new-jersey conspiracy conspiracy-liability criminal-law due-process fifth-amendment jury-trial pinkerton-doctrine sixth-amendment | Should this Court abrogate the judicially established Pinkerton doctrine, announced in Pinkerton v. United States, 328 U.S. 640 (1946), holding that a… |
| 20-6775 | Dantazias Raines v. Georgia | Georgia | 2021-01-05 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure eighth-amendment jury-trial juvenile-sentencing life-without-parole montgomery-v-louisiana permanent-incorrigibility sixth-amendment | Dantazias Raines was sentenced to life without parole for a botched robbery that ended in a death when he was seventeen years old. After the Supreme C… |
| 20-6751 | Roger Darryl Waldrep v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. | Ninth Circuit | 2021-01-04 | Denied | Response WaivedRelisted (2)IFP | brady-evidence civil-rights due-process habeas-corpus ineffective-assistance self-representation sixth-amendment voluntariness-of-plea | 1F Does this Supreme Court Grant and Honor CIVIL RIGHTS to all Arizonans and US Citizens? If so, is Habeas Keelief and Remedy thus appropriate to any … |
| 20-6731 | Kevin Francis v. Massachusetts | Massachusetts | 2020-12-30 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | case-screening court-procedure criminal-procedure indigent-defendants judicial-error legal-waiver precedent public-defender sixth-amendment waiver | Whether the Massachusetts Supreme Judicial Court erred when it held that a public defender case screener who did not represent the defendant waived th… |
| 20-860 | Ryan Randall Gilbertson v. United States | Eighth Circuit | 2020-12-30 | Denied | Response RequestedResponse WaivedRelisted (2) | constitutional-rights criminal-procedure criminal-restitution due-process jury jury-determination procedural-due-process reasonable-doubt sentencing sixth-amendment | Whether the Sixth Amendment prohibits a court from imposing criminal restitution on a defendant based on facts not found by the jury beyond a reasonab… |
| 20-6725 | Larry Durant v. South Carolina | South Carolina | 2020-12-29 | Denied | Response WaivedIFP | brady-violation cell-phone-data criminal-sexual-conduct digital-privacy fourth-amendment fourth-amendment-jurisprudence judicial-instruction jury-coercion privacy search-and-seizure sixth-amendment trial-procedure | I. The jurors deliberating about Larry Durant's guilt or innocence informed the trial judge they were splint eight to convict, three to acquit, with o… |
| 20-6715 | Michael Adair Mankin v. United States | Fifth Circuit | 2020-12-29 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-6709 | Lance Hundley v. Ohio | Ohio | 2020-12-28 | Denied | IFP | capital-defendant capital-sentencing constitutional-review death-penalty due-process fourteenth-amendment jury-determination mental-health self-representation sixth-amendment | 1.Do the Sixth and Fourteenth Amendments to the U.S. Constitution forbid a trial court from allowing a capital defendant with a questionable mental he… |
| 20-6708 | Tony Decloues v. Darrel Vannoy, Warden | Fifth Circuit | 2020-12-23 | Denied | Response WaivedIFP | confession confession-voluntariness due-process fifth-amendment fourteenth-amendment sixth-amendment strickland-standard | Question No. 1: Whether The Court Of Appeal Should Have Granted Coa Where The District Court Employed A Constitutionally Impermissible Standard In Eva… |
| 20-6705 | Ian LaMonte Cormier v. James Comey, et al. | Ninth Circuit | 2020-12-23 | Denied | IFP | compulsory-process confrontation-clause due-process effective-assistance-of-counsel prosecutorial-misconduct sixth-amendment | 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… |
| 20-6691 | Cesar Armenta Lopez v. United States | Eleventh Circuit | 2020-12-22 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fifth-amendment procedural-fairness sixth-amendment supervised-release united-states-v-haymond | In light of the decision in United States v. Haymond , 139 S.Ct. 2369 (2019), recognizing fundamental Fifth and Sixth Amendment limits on the impositi… |
| 20-6690 | Randolph Burleson v. United States | Ninth Circuit | 2020-12-22 | Denied | Relisted (2)IFP | constitutional-rights criminal-indictment criminal-law federal-jurisdiction fifth-amendment indictment jurisdiction mens-rea sixth-amendment | 1. Circuit courts are split on whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential mens rea … |
| 20-6652 | Rex Duane Stephenson v. Brandon Kelly, Superintendent, Oregon State Penitentiary | Ninth Circuit | 2020-12-18 | Denied | IFP | collateral-review constitutional-rights criminal-trial direct-appeal federal-habeas-corpus habeas-corpus ineffective-assistance jury-unanimity post-conviction-relief ramos-v-louisiana sixth-amendment | I. Whether counsel provides ineffective assistance in violation of the Sixth Amendment to the United States Constitution when he fails to investigate … |
| 20-6661 | Brian Keith Figge v. Scott Frauenheim, Warden | Ninth Circuit | 2020-12-18 | Denied | IFP | criminal-defendant criminal-procedure deliberation-process due-process judicial-misconduct juror-dismissal jury-deliberations jury-selection jury-trial sixth-amendment trial-by-jury | Does a trial court violate a criminal defendant's Sixth Amendment right to trial by jury when it dismisses a defense holdout juror on the third day of… |
| 20-6633 | Eduardo David Vargas v. California | California | 2020-12-15 | Denied | IFP | aggravating-circumstances constitutional-rights criminal-sentencing death-penalty due-process fifth-amendment jury-finding jury-trial reasonable-doubt sixth-amendment | Does California's death penalty scheme, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt the ex… |
| 20-6619 | Pedro Carrasco, Jr., aka Pedro Carrasco v. United States | Ninth Circuit | 2020-12-14 | Denied | Response WaivedRelisted (2)IFP | appellate-rights criminal-procedure dispositive-pretrial-motion effective-assistance-of-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining pretrial-motion right-to-appeal sixth-amendment | Is a criminal defendant deprived effective assistance of counsel as guaranteed by the Sixth Amendment when counsel knowingly withholds from the trial … |
| 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… |
| 20-6598 | Stephen Frederick Baker, Jr. v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. | Third Circuit | 2020-12-10 | Denied | IFP | civil-rights criminal-procedure discovery due-process effective-assistance-of-counsel equitable-tolling guilty-plea ineffective-assistance-of-counsel sixth-amendment | Whether the petitioner is entitled to step through the gateway of equitible tolling? 1. Whether state courts determinations of trial counsels effecti… |
| 20-6603 | In Re Antonio Akel | 2020-12-10 | Dismissed | 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… | |
| 20-6583 | Edgar Espinoza v. United States | Ninth Circuit | 2020-12-09 | Denied | Relisted (2)IFP | constitutional-defect criminal-indictment criminal-procedure federal-jurisdiction fifth-amendment guilty-plea indictment jurisdiction mens-rea sixth-amendment | 1. Circuit courts are split on whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential mens rea … |
| 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… |
| 20-6588 | Kenneth Scott Gordon v. United States | Ninth Circuit | 2020-12-09 | Denied | Response WaivedIFP | adversarial-testing appellate-procedure certificate-of-appealability criminal-defense effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel meaningful-adversarial-testing prosecutions-case sixth-amendment | Should a certificate of appealability issue because reasonabl e jurists would debate whether a criminal defendant was deprived of the effective assist… |
| 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… |
| 20-6557 | Richard Cruz v. United States | Second Circuit | 2020-12-08 | Denied | Response WaivedIFP | criminal-law due-process felony-drug-offense fifth-amendment jury-verdict mandatory-minimum-sentence sentencing sixth-amendment vagueness vagueness-doctrine | I. Whether the definition of "felony drug offense" for the pur poses of 21 U.S.C. §851 is void for vaguene ss after Johnson, Dimaya, and Da vis. II. … |
| 20-6566 | Anilou Beltran Del Rio v. United States | Fifth Circuit | 2020-12-08 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 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 … |
| 20-6554 | Jeffrey Fay Pike v. United States | Fifth Circuit | 2020-12-07 | Denied | Response WaivedIFP | criminal-procedure due-process fair-trial impartial-jury jury-anonymity jury-selection presumption-of-innocence sixth-amendment | (1) whether cloaking jurors in anonymity impermissibly impairs the presumption of innocence and the right of the accused to an impartial jury and (2) … |
| 20-775 | Clifford Williams v. Louisiana | Louisiana | 2020-12-07 | Denied | Response Waived | constitutional-rights criminal-procedure due-process evidence-admissibility fifth-amendment fourteenth-amendment right-to-present-defense self-defense sixth-amendment | Clifford Williams was convicted of murder in New Orleans, Louisiana, after the trial court denied him the right to introduce evidence showing he was r… |
| 20-6511 | Jose Antonio Lugo-Guerrero, aka Antonio Moraima, aka Fernando Rivera-Rodriguez, aka Alex v. United States | First Circuit | 2020-12-03 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea judicial-review plea-bargaining sentencing sixth-amendment | 1. Whether This Court Should Grant This Petition Because The First Circuit's Judgment Affirming The District Court's Judgment Violates Mr. Lugo-Guerre… |
| 20-6513 | Calvin Teko Coston v. United States | Fourth Circuit | 2020-12-03 | Denied | Response WaivedIFP | constitutional-challenge due-process fifth-amendment jury-trial mandatory-imprisonment revocation sentencing-discretion sixth-amendment supervised-release united-states-v-haymond | Whether 18 U.S.C. § 3583(g) violates the Fifth and Sixth Amendments by mandating the revocation of supervised release and imposition of a term of impr… |
| 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… |
| 20-6498 | Tony Barksdale v. Jefferson Dunn, Commissioner, Alabama Department of Corrections | Eleventh Circuit | 2020-12-02 | Denied | IFP | capital-punishment capital-sentencing certificate-of-appealability due-process effective-assistance-of-counsel eighth-amendment eleventh-circuit habeas-corpus sixth-amendment supreme-court-precedent | 1. Did the Eleventh Circuit misconstrue this Court's guidance in, inter alia, Buck v. Davis, 580 U.S. ___, 137 S. Ct. 759 (2017), when it denied Petit… |
| 20-6434 | Julian Madero-Diaz, aka Hector Ramon Castillo v. United States | Ninth Circuit | 2020-11-25 | Denied | Response WaivedIFP | 18-usc-3583 constitutional-punishment fifth-amendment jury-trial punishment-scheme sentencing-procedure sixth-amendment supervised-release | Whether a judge's decision to revoke a person's supervised release and send him to prison subjects him to an unconstitutional punishment scheme under … |
| 20-6449 | Anthony Don Brown v. United States | Fifth Circuit | 2020-11-25 | Denied | Response WaivedIFP | civil-rights due-process plea-bargaining sentencing sixth-amendment waiver | 1. Under Class v. United States, 138 S.Ct. 798 (2018), when a defendant argues on appeal that his sentence was imposed in violation of his Fifth Amend… |
| 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… |
| 20-721 | Katie Garding v. Montana | Montana | 2020-11-24 | Denied | Response Waived | 6th-amendment accident-reconstruction effective-assistance-of-counsel expert-testimony ineffective-assistance professional-norms sixth-amendment strickland-standard strickland-v-washington | Whether trial counsel's failure to consult and call an expert witness in the field of accident reconstruction was objectively unreasonable under preva… |
| 20-702 | David Stiles, Jr. v. Texas | Texas | 2020-11-20 | Denied | arrest-to-trial-delay barker-v-wingo constitutional-rights doggett-v-united-states due-process government-burden presumption-of-prejudice presumptive-prejudice sixth-amendment speedy-trial | This Court held in Barker v. Wingo, 407 U.S. 514 (1972) that a speedy trial analysis is triggered by a delay of eight months. This Court held in Dogge… | |
| 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… |
| 20-6394 | Michael A. Hagar v. United States | Sixth Circuit | 2020-11-20 | Denied | Response WaivedIFP | constitutional-judicial-power criminal-procedure district-court-jurisdiction due-process jurisdiction protective-order sixth-amendment speedy-trial-act venue venue-limitations | Do the Article 3, Section 2, Clause 3 provision, the "trial shall be held in the State where the said Crime shall have been committed" and the Sixth A… |
| 20-6396 | Michael John Bever v. Oklahoma | Oklahoma | 2020-11-20 | Denied | IFP | consecutive-sentences criminal-procedure cruel-and-unusual-punishment eighth-amendment eighth-amendment-review jury-finding juvenile-offender juvenile-sentencing sentencing sixth-amendment | 1. Whether a judge's decision to sentence a juvenile offender to consecutive terms is exempt from Eighth Amendment review. 2. Whether a judge's decis… |
| 20-6383 | Vincent McFadden v. Missouri | Missouri | 2020-11-19 | Denied | IFP | fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel mitigation-evidence prejudice-assessment rompilla sixth-amendment strickland-standard wiggins williams | 1. Whether the Missouri Supreme Court's total deference to counsel's "deliberate decisions" without considering their actual reasonableness amounts to… |
| 20-6368 | In Re Richard J. Ramsey | 2020-11-18 | Denied | IFP | 6th-amendment civil-rights court-martial due-process effective-assistance-of-counsel jury-trial military-justice plea-bargain separation-of-powers sixth-amendment ucmj | I. Whether military plea-bargains procedures are unconstitutional creating a lack of jurisdiction over petitioners court-martial therefore, making unl… | |
| 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… |
| 20-6373 | Cordarrius Bonds v. United States | Sixth Circuit | 2020-11-18 | Denied | Relisted (2)IFP | criminal-procedure felon-in-possession firearm-possession knowledge-of-status plain-error plea-bargaining sixth-amendment sixth-circuit-precedent structural-error | I. When a defendant pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1), and the plea was neither knowing no… |
| 20-6330 | Benjamin Macias v. United States | Ninth Circuit | 2020-11-17 | Denied | Response WaivedIFP | criminal-defense criminal-procedure defendant-autonomy due-process mccoy-v-louisiana reckless-endangerment sentencing-guidelines sixth-amendment speedy-trial | 1. In McCoy v. Louisiana , 138 S.Ct. 1500, 1511, 200 L.Ed. 821 (2018) the court held that the Sixth Amendment guarantees a criminal defendant the righ… |
| 20-6339 | George B. Larsen v. United States | Ninth Circuit | 2020-11-17 | Denied | IFP | bad-faith-defense bank-fraud due-process fair-trial fifth-amendment jury-instructions sixth-amendment | Where a United States district court's bank-fraud jury instructions erroneously omit a factually supported bad-faith defense — which is an absolute de… |
| 20-6328 | Christopher David Mayhall v. United States | Fifth Circuit | 2020-11-16 | Denied | Response WaivedIFP | conflict-of-interest discretionary-review ineffective-assistance-of-counsel remand sixth-amendment supervisory-powers | Whether the decision of the United State s Cour t of Appeals for the Fifth Circuit ("Fifth Circuit")–whi ch denied an ineffective assistance of counse… |
| 20-6332 | Cecil Salyers v. Kentucky | Kentucky | 2020-11-16 | Denied | Response WaivedIFP | concurrent-sentences consecutive-sentences constitutional-interpretation criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prejudice sentencing-prejudice sixth-amendment strickland strickland-standard | Did the Kentucky Court of Appeals correctly interpret the Sixth Amendment in holding Petitioner "cannot demonstrate prejudice under Strickland", when … |
| 20-6335 | Duane Allen Sikes v. United States | Eleventh Circuit | 2020-11-16 | Denied | Response WaivedIFP | criminal-sentencing due-process fifth-amendment preponderance-of-evidence sentencing sentencing-guidelines sixth-amendment uncharged-conduct | The question presented by this case is whether the Fifth and Sixth Amendments preclude a district court from increasing a defendant's sentence based o… |
| 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… |
| 20-6303 | Lamar Whatley v. Illinois | Illinois | 2020-11-13 | Denied | IFP | aggravating-factors constitutional-challenge de-novo eighth-amendment ineffective-assistance judicial-discretion mitigating-factors sentencing sentencing-discretion separation-of-powers sixth-amendment | 1, The seperation of powers clause,as legislature has power to fix sentences.for mr.whatley crime and limit the scope of the judicial decsrition to im… |
| 20-6315 | Darris Altony Newsome v. Harold W. Clarke, Director, Virginia Department of Corrections | Fourth Circuit | 2020-11-13 | Denied | IFP | criminal-charges criminal-procedure double-jeopardy due-process fair-trial fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause sixth-amendment victim-testimony witness-testimony | 1. Did the Courts erred in the opinion that petitioners DELEON WAS dismissed Muary unauthorized And successive, And denied relief oof ACEGABAL qpeuids… |
| 20-6317 | Robert Petty v. Indiana | Indiana | 2020-11-13 | Denied | Response WaivedIFP | appellate-review closing-arguments constitutional-rights due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel sentencing sixth-amendment trial-procedure | 1. Whether the Indiana Courts erred denying Appellant was deprived effective assistance of trial counsel during closing arguments and sentencing viola… |
| 20-6285 | Brittany Shanice Williams v. United States | Fifth Circuit | 2020-11-12 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-6292 | Alonte Deshavion Richey v. United States | Fifth Circuit | 2020-11-12 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-633 | Byron David Smith v. Jeff Titus, Warden | Eighth Circuit | 2020-11-10 | Denied | Response RequestedResponse WaivedRelisted (5) | aedpa antiterrorism-act criminal-procedure criminal-trial due-process habeas-corpus public-trial sixth-amendment | The question presented by this petition is whether the Sixth Amendment's public trial guarantee, within the review apparatus imposed by the Antiterror… |
| 20-6245 | Jovon C. Davis v. Willis Chapman, Warden | Sixth Circuit | 2020-11-09 | Denied | Response WaivedIFP | constitutional-rights due-process effective-assistance-of-counsel fair-trial fourteenth-amendment ineffective-assistance jury-selection sixth-amendment trial-counsel | T. WHERE PETITIONER'S SIXTH AND FOURTEENTH AMENDMENT RIGHTS GUARANTEED UNDER THE U.S. CONSTITUTION AS WELL AS MICHIGAN CONSTITUTION OF 1963, ART.I, §2… |
| 20-6254 | Roberto Yoquigua Lopez v. United States | Ninth Circuit | 2020-11-09 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment confidentiality criminal-procedure defendant-rights due-process duress-defense fair-trial fifth-amendment pre-trial-disclosure sixth-amendment testimonial-confidentiality | Whether and to what extent the Fifth and Sixth Amendments permit a defendant to keep all of the details of his duress confidential before trial, or wh… |
| 20-6259 | Angela de Jesus-Concepcion v. United States | Third Circuit | 2020-11-09 | Denied | Response WaivedRelisted (2)IFP | criminal-procedure district-court evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel misrepresentation sentencing sixth-amendment | 1. Whether Petitioner's Sixth Amendment right to the effective assistance of counsel impermissibly violated, when the district court erred in failing … |
| 20-6243 | Okeiba Sadio v. United States | Second Circuit | 2020-11-06 | Denied | Response WaivedIFP | civil-rights constitutional-rights covered-offense criminal-procedure drug-distribution due-process first-step-act sentencing sentencing-reduction sixth-amendment statutory-penalties | (1) Whether the Second Circuit Court of Appeals Wrongly dismiss Mr Sadio's Appeal with out no Briefs being filed or hearing any arguments, violating m… |
| 20-6226 | Carlos Maez v. United States | Seventh Circuit | 2020-11-05 | Denied | Relisted (2)IFP | appellate-review burden-of-proof criminal-procedure judicial-proceedings jury-instructions jury-verdict olano-standard plain-error plain-error-test sixth-amendment standard-of-review | The Sixth Amendment requires that no person be convicted of a felony except on a finding by a jury that the government has proved its case beyond a re… |
| 20-6227 | Cameron Battiste v. United States | Seventh Circuit | 2020-11-05 | Denied | Relisted (2)IFP | criminal-procedure due-process fifth-amendment grand-jury plain-error-review sixth-amendment | 1. If a grand jury indicts a defendant for violating 18 U.S.C. § 922(g)(1), but omits the statute's knowledge-of-status element, has the defective ind… |
| 20-6211 | Michael Anthony Robbins v. California | California | 2020-11-04 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | due-process investigation juror-bias jury-trial racial-bias sixth-amendment | This Petition presents the following related questions under the Sixth Amendment's jury trial guarantee: 1. What constitutes juror bias for purposes … |
| 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… |
| 20-6198 | Agustin Chavez v. Florida | Florida | 2020-11-03 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process identity identity-verification post-conviction-information postconviction-information prior-record-exception sentencing sixth-amendment | 1. Whether courts, including those in Florida, have been incorrectly applying a "prior record" exception to the rule from Apprendi v. New Jersey 530 U… |
| 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… |
| 20-6183 | Timothy N. Hatton v. Mark R. Sevier, Superintendent, New Castle Correctional Facility | Seventh Circuit | 2020-11-02 | Denied | Response WaivedIFP | civil-rights constitutional-law criminal-procedure due-process federal-review habeas-corpus ineffective-assistance sixth-amendment standing | Did the State violate Hatton's U.S. Sixth Amendment right to effective assistance of counsel and speedy trial? Did the state violate Hatton's U.S. Fi… |
| 20-6163 | Angelique Bankston v. United States | Sixth Circuit | 2020-10-29 | Denied | Response WaivedIFP | brady-violation civil-rights constitutional-rights due-process exculpatory-evidence grand-jury ineffective-assistance-of-counsel law-enforcement material-omissions professional-misconduct sixth-amendment | If the jury was presented with severe witness and evidence and witness presented where (Xanks-twls) Was no+ clowned -he in violcch'on - l-f "dhie (ooV… |
| 20-6165 | James Edward Sandford, III v. United States | Second Circuit | 2020-10-29 | Denied | Relisted (2)IFP | circuit-split criminal-procedure felon-in-possession fourth-circuit ineffective-assistance plain-error-rule rehaif-standard rehaif-v-united-states second-circuit sixth-amendment | 1. Should the Court grant certiorari to resolve the Circuit split regarding the plain error rule between the Second and Fourth Circuits as it applies … |
| 20-6166 | Brad Keith Sigmon v. Bryan Stirling, Commissioner, South Carolina Department of Corrections, et al. | Fourth Circuit | 2020-10-29 | Denied | IFP | capital-punishment capital-sentencing cumulative-evidence evidentiary-hearing ineffective-assistance-of-counsel martinez-claim martinez-v-ryan mitigation-evidence sixth-amendment | 1. Capital defendant Brad Sigmon presented additional mitigation evidence uncovered during a Martinez investigation that addressed the same general su… |
| 20-6170 | Justin David Brown v. United States | Tenth Circuit | 2020-10-29 | Denied | Response WaivedIFP | administrative-law agency-action constitutional-law criminal-procedure due-process judicial-review sentencing sixth-amendment standing statutory-interpretation substantial-assistance | Did the defendants Sixth Distnet Court violate the Amendment right Special Agent Nicole allowing ba Bailey Hecring the defendants Sentancing 4s2 24 at… |
| 20-6157 | Pedro Hernandez v. United States | Ninth Circuit | 2020-10-28 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure district-court due-process motion-to-dismiss prejudicial-error sixth-amendment | Did the district court prejudicially err denying petitioner's motion to dismiss based on Sixth Amendment violations? |
| 20-6140 | Roger Jose Almanzar v. United States | First Circuit | 2020-10-27 | Denied | Response WaivedIFP | appellate-review certificate-of-appealability counsel-performance due-process first-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer sixth-amendment | Did the First Circuit err in not granting a certificate of appealability on the merits of the claims of ineffective assistance of counsel when it addr… |
| 20-6138 | Jerry Walker v. Wendy Kelley, Director, Arkansas Department of Correction | Arkansas | 2020-10-26 | Denied | Response WaivedRelisted (2)IFP | 6th-amendment civil-rights confrontation-clause constitutional-challenge criminal-procedure declaratory-judgment due-process evidence procedural-error sixth-amendment | DECLARATON® FOUOGEMNZNT THAT HE UIAS DEAITED DVE PROCESS ses HES CRIMTMAL etal. whtsI FAE CoORT ADIN TZTED THE pring restimouy oF al vsavartliadee ulr… |
| 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… | |
| 20-547 | Luis Xadiel Cruz Vazquez v. United States | First Circuit | 2020-10-26 | Denied | Response Waived | brady-violation certificate-of-appealability conflict-of-interest due-process effective-assistance-of-counsel mickens-v-taylor sixth-amendment united-states-v-decologero wheat-v-united-states | 1. In refusing to issue a COA, did the First Circuit apply a novel, harsher standard requiring Petitioner to prove actual intent by conflicted counsel… |
| 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 … |
| 20-6112 | Oscar Pena Trujillo v. Arizona | Arizona | 2020-10-23 | Denied | Response WaivedIFP | 6th-amendment alleyne apprendi apprendi-rule due-process ex-post-facto-clause fact-finding jury-trial sex-offender-registration sixth-amendment southern-union | This Court held in Southern Union Co. v. United States, 567 U.S. 343 (2012), that the rule from Apprendi v. New Jersey, 530 U.S. 466 (2000), requiring… |
| 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 … |
| 20-6101 | Rachel Mae Skidmore v. United States | Fifth Circuit | 2020-10-21 | Denied | Response WaivedIFP | constitutional-interpretation constitutional-law criminal-procedure due-process fifth-amendment sixth-amendment statutory-construction statutory-interpretation | Whether 18 U.S.C. § 3583(g)(1) comports with the Fifth and Sixth Amendments? |
| 20-6102 | Dontayous Tonard Cameron v. United States | Eleventh Circuit | 2020-10-21 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment due-process fifth-amendment parole revocation-sentence sentencing-scheme sixth-amendment statutory-maximum supervised-release | Is 18 U.S.C. § 3583(e) unconstitutional as applied to Mr. Cameron because his combined initial and revocation sentences exceed the statutory maximum p… |
| 20-6106 | Rafael Cruz v. United States | Fifth Circuit | 2020-10-21 | Denied | Response WaivedIFP | civil-rights coerced-confession criminal-procedure due-process guilty-plea ineffective-assistance mental-disability plea-bargaining sentencing sixth-amendment voluntariness | When the District Court denied to issue a Certificate of Appealability, then a jury picked Court abused its discretion when the Defendant was forced t… |
| 20-6065 | Delmar Reinheimer v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2020-10-20 | Denied | Response WaivedIFP | aedpa antiterrorism-and-effective-death-penalty-act collateral-consequences collateral-consequences-of-conviction exhaustion-doctrine failure-to-advise federal-habeas-corpus habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment | Under the Sixth Amendment and the Antiterrorism and Effective Death Penalty Act (AEDPA), is an ineffective assistance of counsel claim of "affirmative… |
| 20-6083 | John Oliver Wooten v. Patrick Warren, Warden | Sixth Circuit | 2020-10-20 | Denied | Response WaivedIFP | deference factual-error federal-courts federal-review habeas-corpus habeas-review sixth-amendment sixth-circuit standard-of-review state-court state-courts | Is a state court decision entitled to deference on federal habeas review if it is undisputed that the state court applied the wrong standard of review… |
| 20-6084 | Laron J. Wainwright v. United States | Eighth Circuit | 2020-10-20 | Denied | Response WaivedIFP | almendarez-torres-v-united-states armed-career-criminal-act judicial-records jury-trial modified-categorical-approach prior-convictions sentencing sentencing-enhancement sixth-amendment | Most circuits agree that when increasing a defendant's sentence beyond the normal statutory maximum pursuant to the Armed Career Criminal Act (ACCA), … |
| 20-6088 | Miguel Angel Baez-Castillo v. United States | Fifth Circuit | 2020-10-20 | Denied | Response WaivedIFP | almendarez-torres-v-united-states apprendi-v-new-jersey constitutional-rights criminal-procedure indictment prior-conviction prior-convictions sentencing sentencing-enhancement sixth-amendment | I. Can a court, consistent with the Sixth Amendment, impose a statutorily enhanced sentence based on the fact of a prior conviction never alleged in t… |
| 20-528 | Nicholas S. Baas v. United States | Armed Forces | 2020-10-20 | Denied | Response Waived | confrontation-clause court-martial daubert-standard due-process scientific-evidence sixth-amendment unanimous-verdict | 1. In light of this Court's decision in Ramos v. Louisiana, does it violate a military servicemember's Sixth Amendment and due process rights to allow… |
| 20-6070 | James Dee Gilmore, Jr. v. United States | Ninth Circuit | 2020-10-19 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process evidence-admissibility interrogation-techniques miranda-rights sixth-amendment voluntary waiver | 1. In failing to require the government to meet its heavy burden to show that defendant's post–invocation waiver of his Miranda rights, including his … |
| 20-6045 | Aaron E. Choat v. Rick Coursey, Superintendent, Eastern Oregon Correctional Institution | Ninth Circuit | 2020-10-16 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | collateral-review exculpatory-evidence impeachment ineffective-assistance non-unanimous-jury ramos-v-louisiana sixth-amendment sixth-amendment-retroactivity witness-impeachment | I. Whether counsel provides ineffective assistance in violation of the Sixth Amendment to the United States Constitution when he fails to introduce ex… |
| 20-6051 | Jonathan Ortiz-Torres v. United States | First Circuit | 2020-10-16 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process ineffective-assistance plea-agreement sentencing sixth-amendment voluntariness | Should a writ of certiorari should be granted to determine if trial counsel renders ineffective assistance when he fails to advise his client that the… |
| 20-6020 | Nasser Mohamad Bazzi v. Michigan | Michigan | 2020-10-15 | Denied | Response WaivedIFP | civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel interpreter-rights interpreters sixth-amendment structural-error | 1. WAS THE ARABIC-SPEAKING APPELLANT DENIED EFFECTIVE ASSISTANCE OF COUNSEL DURING CRITICAL STAGES OF THE PROCEEDINGS, FOR WHICH PREJUDICE IS PRESUMED… |
| 20-6037 | David Williard v. Illinois | Illinois | 2020-10-15 | Denied | Response WaivedIFP | 14th-Amendment 5th-Amendment 6th-Amendment Alibi-Witnesses constitutional-rights Due-Process Eyewitness-Identification ineffective-assistance reasonable-doubt sixth-amendment | I. Appellate Court erred in denying Petitioner's Ineffective Assistance of Counsel claim. Where prejudice was established, in the trial courts finding… |
| 20-6040 | Charlie Bell Bullock v. Harold W. Clarke, Director, Virginia Department of Corrections | Fourth Circuit | 2020-10-15 | Denied | IFP | capital-punishment confrontation-clause criminal-procedure cross-examination ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence professional-norms sentencing-phase sixth-amendment standard-of-review victim-rights | 1 -Do ^c, +W CW5t^ VV\Oy4^ CKV/CAl" 1 <\\y £ 0 ^ AV 5 Oy'b yv\v +'h-e<\ <k WcK > S Co^ Viclm Cross ■eAa^v\«ivo\N \ 4 6-C va.m\S.-€.| i Vs. -t. -e_<_-V… |
| 20-5996 | Jamaal Howard v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2020-10-13 | Denied | IFP | criminal-procedure due-process fourteenth-amendment ineffective-assistance-of-counsel mental-health mental-health-evaluation miranda-rights sixth-amendment | 1. Did the Fifth Circuit err in considering the totality of three different trials , and excusing the District Court' s erroneous conclusion regardin … |
| 20-5973 | Efrain Santos v. Stewart Eckert, Superintendent, Wende Correctional Facility | Second Circuit | 2020-10-09 | Denied | IFP | certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct second-circuit sixth-amendment | 1. Whether the U.S. Court of Appeals for the Second Circuit erred in refusing to grant petitioner a COA to appeal from a judgment of the District Co… |
| 20-5984 | Ricardo Woods v. Brian Cook, Warden | Sixth Circuit | 2020-10-09 | Denied | Response WaivedIFP | batson-challenge batson-v-kentucky confrontation-clause constitutional-law dying-declaration giles-v-california peremptory-challenge sixth-amendment testimonial-statement trial-procedure | This case presents two critical questions of constitutional law, one related to the introduction of a suspect identification, made by a profoundly par… |
| 20-5988 | Ziyad Yaghi v. United States | Fourth Circuit | 2020-10-09 | Denied | Response WaivedIFP | appellate-review certificate-of-appealability due-process effective-assistance-of-counsel gvr plea-process sixth-amendment | Whether this Court should GVR the lower court's decision denying a Certificate of Appealability in this case because its denial violates principles of… |
| 20-464 | James J. Rosemond v. United States | Second Circuit | 2020-10-09 | Denied | actus-reus capital-cases concession-of-guilt criminal-defendant criminal-procedure right-to-autonomy sixth-amendment trial-counsel | In McCoy v. Louisiana, 138 S. Ct. 1500 (2018), this Court held that the Sixth Amendment grants criminal defendants a right to "autonomy" that permits … | |
| 20-455 | Daniel Carpenter v. United States | Second Circuit | 2020-10-08 | Denied | Response Waived | due-process fifth-amendment post-indictment-delay post-verdict-delay pre-indictment-delay sentencing-delay sixth-amendment speedy-trial | Whether the Government's prosecution of the Petitioner in this case violated his Sixth Amendment right to a Speedy Trial and/or his Fifth Amendment ri… |
| 20-5953 | Alex Lenard McCoy v. United States | Fourth Circuit | 2020-10-08 | Denied | Response WaivedIFP | andrus-v-texas certificate-of-appealability counsel-performance discovery due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining section-2255 sixth-amendment | 1. Was trial counsel ineffective in his directive to advise McCoy to plead guilty by failing to review the government's discovery in violation of this… |
| 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 … |
| 20-5939 | Kadeem Burden v. United States | Fifth Circuit | 2020-10-07 | Denied | Relisted (4)IFP | criminal-procedure due-process fifth-amendment firearm-possession jury-instructions plain-error-review rehaif-standard rehaif-v-united-states sixth-amendment | In a conviction for violation of 18 U.S.C. Section 922(g), after a jury trial held prior to this Court's ruling in Rehaif v. United States, 139 S.Ct. … |
| 20-5941 | Charles Victor Thompson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2020-10-07 | Denied | Relisted (5)IFP | 28-U.S.C-2254(e)(2) aedpa-deference capital-punishment constitutional-claim federal-habeas habeas-corpus Massiah-claims punishment Sixth-Amendment state-court-review Williams-v-Taylor | I. Did the circuit court err in holding that a federal habeas court may never hold a hearing on a punishment issue without first considering 28 U.S.C.… |
| 20-5944 | In Re Gerald M. Calmese | 2020-10-07 | Denied | IFP | constitutional-rights conviction criminal-procedure due-process effective-counsel evidence fourteenth-amendment habeas-corpus identity-theft jurisdiction sixth-amendment | 1. Was the Eidere tresrs toblishThe "Anoter Person. in RDiRn Ent of Pantiff which The LAS COnUCED of Lakno thie I 2 2. Ds the cot betore which the Pe… | |
| 20-5905 | Travon Jarvel Jackson v. United States | Ninth Circuit | 2020-10-05 | Denied | Response WaivedRelisted (2)IFP | confrontation-clause criminal-procedure evidence-admissibility federal-rules-of-evidence rule-412 rule-608b sex-trafficking sixth-amendment witness-impeachment | A. Whether evidence of prior prostitution activity that is inadmissible under Rule 412 of the Federal Rules of Evidence to rebut a claim of sex traffi… |
| 20-5908 | Mikel Clotaire v. United States | Eleventh Circuit | 2020-10-05 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure eleventh-circuit-precedent fair-trial fifth-amendment fourteenth-amendment mug-shot-admission presumption-of-innocence sixth-amendment sixth-circuit-precedent | Whether the Eleventh Circuit's decision to admit a mug shot in a criminal trial absent a need for the evidence splits with well-established Sixth Circ… |
| 20-5920 | Richard Cortez v. Iowa | Iowa | 2020-10-05 | Denied | IFP | confrontation-clause criminal-procedure disclosure due-process sixth-amendment witness-testimony | Whether a defendant's due process rights are violated when the State's eyewitness primary to the offense testifies under a false name a disclosure to … |
| 20-5896 | In Re Douglas Weissert | 2020-10-02 | Denied | IFP | confrontation-clause constitutional-rights cross-examination evidence-admissibility mental-health prescription-medication sixth-amendment trial-procedure witness-testimony | WHETHER STATE TRIAL COURT VIOLATED SIXTH AMENDMENT RIGHTS WHEN IT FORBADE CROSS EXAMINING ANGLE LEWIS ON MENTAL HEALTH HISTORY AND USE OF PRESCRIPTION… | |
| 20-5897 | Demetrice Williams v. Sandy McCain, Warden, et al. | Fifth Circuit | 2020-10-02 | Denied | IFP | certificate-of-appealability COA criminal-procedure criminal-prosecution denial effective-assistance-of-counsel equal-protection federal-district-court fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment | A. WHETHER THE FEDERAL DISTRICT COURT SHOULD NOT HAVE DENIED COA BASED ON THE SUBSTANTIAL SHOWING OF THE DENIAL OF THE SIXTH AMENDMENT GUARANTEES OF T… |
| 20-5848 | Richard Bridgeman Gustafson v. Oregon | Oregon | 2020-10-01 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial jury-unanimity ramos-v-louisiana sixth-amendment state-trial-procedure | If a criminal trial in the State of Oregon did not guarantee a unanimous verdict, leading defendant to choose a bench trial, was this unconstitutional… |
| 20-5870 | Demarcus Clark v. Darrel Vannoy, Warden | Fifth Circuit | 2020-10-01 | Denied | Response WaivedIFP | confrontation-clause constitutional-rights criminal-procedure dna-analysis due-process evidence expert-testimony sixth-amendment | (1) Did the State's admission of the Wood/E Vestim/iy and O/M dpotE of a Su/dOaaEe Da/A adalysi l/L lieuoP+hg achial VA/A aflalysT and O/i/Aj'tpof'E .… |
| 20-5875 | Terrence D. Marsh v. United States | Fourth Circuit | 2020-10-01 | Denied | Response WaivedIFP | 18-usc-924c 6th-amendment criminal-procedure defense-right evidence firearm-prosecution firearms rosemond-precedent rosemond-v-united-states section-924c sixth-amendment statements-against-interest | Whether the Court violated Rosemond v. United States, 572 U.S. 65 (2014), when finding Marsh had advance knowledge of the presence of a firearm in his… |
| 20-5860 | Miguel Antonio Wooten v. Warren L. Montgomery, Warden | Ninth Circuit | 2020-09-30 | Denied | Response WaivedIFP | county-of-riverside-v-mclaughlin criminal-procedure due-process effective-assistance-of-counsel fourth-amendment habeas-corpus probable-cause sixth-amendment | 1. On habeas corpus revi ew of a state-court judgment under 28 U.S.C . § 2254, di d the Di strict Court fai l to uphol d peti tioner's Si xth Amendmen… |
| 20-5805 | Ian Resnick v. United States | Third Circuit | 2020-09-28 | Denied | Response WaivedIFP | confrontation-clause crawford-v-washington criminal-procedure due-process fraud-loss overview-testimony sentencing-guidelines sixth-amendment testimonial-statements | 1) Whether the Confrontation Clause of the Sixth Amendment permits, under the guise of "overview testimony", the admission against a criminal defenda… |
| 20-5830 | Taryn Christian v. Todd Thomas, Warden | Ninth Circuit | 2020-09-28 | Denied | Response WaivedIFP | brady brady-violation due-process fraud-on-the-court habeas habeas-corpus judicial-misconduct judicial-recusal prosecutorial-misconduct recusal sixth-amendment | 1. Whether the district court ignored due process by its repeated failure to rule on petitioner's Brady claims. Whether a district court judge's impa… |
| 20-5813 | Glenn Young v. Darrel Vannoy, Warden | Fifth Circuit | 2020-09-25 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment jury-conviction jury-trial non-unanimous-verdict sixth-amendment | Is the State's evidence sufficient to sustain Young's non-unanimous conviction? Was Young entitled to a unanimous jury verdict under the Sixth and Fo… |
| 20-5773 | William C. McGee v. United States | Eighth Circuit | 2020-09-24 | Denied | Relisted (4)IFP | armed-career-criminal-act criminal-procedure essential-element judicial-determination jury-instructions jury-trial sixth-amendment structural-error | I. Whether omitting an essential element of the crime in both the indictment and jury instructions may be reviewed for harmlessness as held by the Eig… |
| 20-5782 | Harold Warren v. Indiana | Indiana | 2020-09-24 | Denied | Response WaivedIFP | due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel prejudice-prong sixth-amendment standard-of-review stare-decisis strickland-standard strickland-v-washington | Whether the Indiana Court of Appeals' precedent published in Warren v. State, 2020 Ind. App. LEXIS 143 (Ind. Ct. App. 2020) addressing Warren's Ineffe… |
| 20-5770 | David A. Bridgewater v. United States | Seventh Circuit | 2020-09-23 | Denied | Response WaivedIFP | apprendi-rule dismissed-conduct due-process fifth-amendment judicial-fact-finding sentencing sentencing-guidelines sixth-amendment substantive-reasonableness | Whether the Fifth and Sixth Amendments prohibit a court from relying solely on dismissed conduct to impose an otherwise substantively unreasonable sen… |
| 20-5760 | Daniel Carl Frederickson v. California | California | 2020-09-21 | Denied | IFP | capital-case constitutional-rights defense-counsel faretta-v-california guilty-plea mccoy-v-louisiana plea-of-guilty self-representation sixth-amendment | Does a state statute that requires the consent of defense counsel before a defendant in a capital case can enter a plea of guilty violate the Sixth Am… |
| 20-5753 | Kunta Kenta Redd v. United States | Fourth Circuit | 2020-09-18 | Denied | Response WaivedIFP | crack-cocaine-sentencing due-process first-step-act retroactive-sentencing sentencing-guidelines sixth-amendment statutory-retroactivity | Whether we, the Petitioner, is entitled to Belief from denial 404 motion at the District Court level in light of the First Step Act, December 21st, 20… |
| 20-5729 | Amos Westmoreland v. Glen Johnson, Warden, et al. | Eleventh Circuit | 2020-09-17 | Denied | Response WaivedIFP | actual-conflict-of-interest conflict-of-interest cuyler-v-sullivan due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-bar procedural-default sixth-amendment strickland-v-washington | QUESTION#!: Does the 11th Circuit decision conflicts with this Court's decision in Martinez v. Ryan . (2012), since it ignores that in Martinez v. Ry… |
| 20-5737 | Jesse Lewis v. United States | Eleventh Circuit | 2020-09-17 | Denied | Response WaivedIFP | criminal-procedure criminal-trial due-process juror-misconduct jury-impartiality jury-selection religious-bias sex-trafficking sixth-amendment | Whether, at petitioner's trial for sex trafficking—in which the government's case rested on evidence of the defendant's conduct as a procurer of prost… |
| 20-5741 | Juan Gabriel Sanchez-Hernandez v. United States | Fifth Circuit | 2020-09-17 | Denied | Response WaivedIFP | criminal-procedure due-process jury-trial recidivism sentencing Sixth-Amendment | Should the Court overrule Almendarez- Torres v. United States , 523 U.S. 244 (1998)? |
| 20-5720 | Martin Garcia-Moreno v. United States | Ninth Circuit | 2020-09-16 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process elements-of-offense immigration-law jury-trial prior-conviction sentencing-factors sixth-amendment | In Almendarez-Torres v. United States, 523 U.S. 224 (1998), the Court held that in a prosecution for 8 U.S.C. § 1326, the fact of a prior conviction n… |
| 20-5728 | Derrick A. Dotson v. Louisiana | Louisiana | 2020-09-16 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | batson-challenge collateral-review criminal-procedure equal-protection jury-selection jury-trial ramos-retroactivity retroactivity sixth-amendment teague-standard | Whether this Court's decision in Ramos v. Louisiana, 140 S. Ct. 1390 (2020) applies to cases on state collateral review, where the State follows the r… |
| 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? |
| 20-5689 | Orlando Bell v. United States | District of Columbia | 2020-09-14 | Denied | IFP | acquitted-conduct constitutional-rights due-process fifth-amendment jury sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a defendant's sentence on conduct for which the jury acquitted the defenda… |
| 20-5669 | Christopher Paul George v. United States | Ninth Circuit | 2020-09-11 | Denied | Response WaivedIFP | apprendi-rule apprendi-v-new-jersey constitutional-procedure criminal-restitution equity-practice fifth-amendment jury-trial jury-verdict seventh-amendment sixth-amendment | 1. Whether Apprendi applies to a mandatory criminal restitution order, and whether the Seventh Amendment requires a restitution order to comply with t… |
| 20-5674 | In Re James Ward | 2020-09-11 | Denied | IFP | constitutional-rights criminal-procedure due-process ineffective-assistance missouri-v-frye plea-bargaining sentencing sixth-amendment strickland-standard strickland-v-washington | 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 … | |
| 20-5644 | Jonathan Limary v. Maine | Maine | 2020-09-10 | Denied | Response WaivedIFP | constitutional-rights defense-of-others fair-trial impartial-jury jury-selection self-defense sixth-amendment voir-dire | Did the lower court deny Jonathan Limary the right to a fair and impartial jury under the Sixth Amendment of the United States Constitution, by denyin… |
| 20-5613 | Keith Bernard Smith v. Noah Nagy, Warden | Sixth Circuit | 2020-09-09 | Denied | Response WaivedIFP | constitutional-rights due-process evidentiary-hearing extraneous-contact fair-trial juror-misconduct jury remmer-v-united-states sixth-amendment trial-fairness | DID THE TRIAL COURT INTERFERE WITH PETITIONER'S STATE AND FEDERAL CONSTITUTIONAL RIGHTS TO A FAIR JURY TRIAL WHEN SHE REFUSED TO HOLD AN EVIDENTIARY H… |
| 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… |
| 20-5618 | Adrian D. Riley v. Joseph Noeth, Superintendent, Attica Correctional Facility | Second Circuit | 2020-09-08 | Denied | Response WaivedIFP | 28-usc-2254 appellate-review cullen-v-pinholster federal-habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel section-2254 sixth-amendment strickland-v-washington | Whether, by erroneously affirming Petitioner's conviction based on a finding that the district court lacked authority to hold an evidentiary hearing a… |
| 20-5605 | In Re Eric Wallace Koehl | 2020-09-08 | Denied | Relisted (2)IFP | 6th-amendment civil-rights compulsory-process criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel public-trial racial-bias sixth-amendment | # 1.2) Does Not A CRIMiNAl defend any have A Const TvTien AL RIGHT 9 A Poblic RAR VRAL UNDER GTR AMEND MONT To THe Wwiten STaTes Constitvhen % # Q) a… | |
| 20-5528 | Miguel Romero v. California | California | 2020-09-04 | Denied | Response WaivedIFP | fourteenth-amendment jury-trial juvenile-adjudication prior-conviction sentencing-enhancement sixth-amendment | Whether the Sixth and Fourteenth Amendments preclude a trial court from using a prior juvenile adjudication to increase a defendant's maximum sentence… |
| 20-5598 | Gary Richardson v. Colorado | Colorado | 2020-09-04 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure criminal-trial due-process family-member impartial-jury jury-selection sixth-amendment structural-error | Whether a trial judge commits structural error violating a defendant's Sixth Amendment and due process rights to an impartial and independent jury by … |
| 20-5562 | Jeffrey Hessler v. Nebraska | Nebraska | 2020-09-03 | Denied | IFP | aggravating-circumstances constitutional-amendments death-penalty eighth-amendment fourteenth-amendment hurst-v-florida judicial-panel jury-determination post-conviction-relief ring-v-arizona sixth-amendment | Are the Sixth, Eighth and Fourteenth Amendments, as well as Ring and Hurst, violated when eligibility for the death penalty is asserted to be decided … |
| 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… |
| 20-272 | Maryland, et al. v. Jimmie Rogers | Maryland | 2020-09-02 | Denied | Response Waived | constitutional-interpretation criminal-procedure due-process fourteenth-amendment sentencing sex-offender-registration sixth-amendment | Did the Court of Appeals of Maryland depart from this Court's decisions in Smith v. Doe and Apprendi v. New Jersey in holding, contrary to the decisio… |
| 20-250 | Mark Anthony Poole v. Florida | Florida | 2020-09-01 | Denied | aggravating-circumstances capital-sentencing death-penalty eighth-amendment hurst-precedent hurst-v-florida jury-recommendation mitigating-circumstances sixth-amendment | I. Whether the Florida Supreme Court erred in reinstating a capital sentence issued under Florida's pre-2016 scheme, in contravention of this Court's … | |
| 20-5543 | Javier Galindo-Caballero v. United States | Fifth Circuit | 2020-09-01 | Denied | Response WaivedIFP | case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-procedure legal-precedent sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-5554 | Kenton Dayne Eagle Chasing v. United States | Eighth Circuit | 2020-09-01 | Denied | Response WaivedIFP | 18-usc-3583 8th-circuit circuit-split criminal-offense criminal-revocation public-importance sentencing-procedure sixth-amendment subject-matter-jurisdiction | 1) Whether the Eighth Circuit Court of Appeals erred on a matter of public importance and created a circuit split when it ruled that subject matter ju… |
| 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… | |
| 20-5536 | Joseph Scott McKinney v. Louisiana | Louisiana | 2020-08-31 | Denied | Response WaivedIFP | confrontation-clause confrontation-rights criminal-defense due-process evidence evidence-exclusion rape-shield rape-shield-law sixth-amendment | The Constitution guarantees a criminal defendant's meaningful opportunity to present a complete defense. As of now, the Court has not directly address… |
| 20-5530 | Tony Gordon v. United States | Ninth Circuit | 2020-08-27 | Denied | Response WaivedIFP | criminal-justice-act due-process expert-services independent-counsel sentencing sixth-amendment | Whether a trial court violates the Sixth Amendment right to independent counsel in denying a defense application for necessary expert services pursuan… |
| 20-5506 | Rodolfo Lopez, Jr. v. Indiana | Indiana | 2020-08-26 | Denied | Response WaivedIFP | bill-of-rights constitutional-rights criminal-procedure due-process indiana-criminal-rule-4 indiana-law sixth-amendment speedy-trial | I. DID THE TRIAL COURT VIOLATE M. LOPEZ'S RIGHT TO A SPEEDY TRIAL UNDER U.S. CONSTITUTION SIXTH AMENDMENT BILL OF RIGHTS RECOGNIZED BY THE STATE OF IN… |
| 20-5520 | Michael Williamson v. Harold May, Warden | Sixth Circuit | 2020-08-26 | Denied | Response WaivedRelisted (2)IFP | confrontation-clause constitutional-rights due-process fair-trial hearsay hearsay-statements right-to-witnesses sixth-amendment witness-exclusion | 1) Was Michael Williamson afforded a fair trial and right to confront his accusers or right to witnesses in his favor when the trial court excluded … |
| 20-5524 | Ranau D. Johnson v. Ohio | Ohio | 2020-08-26 | Denied | Response WaivedIFP | appeal appellate-counsel appellate-procedure constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel ohio-appellate-rule sixth-amendment unit-of-prosecution | Can the State Court deprive the Appellant the fundamental right to effective assistance of Appellate Counsel by denying an Appellant/Defendant the opp… |
| 20-5477 | Elvis Henry Idada v. United States | Ninth Circuit | 2020-08-25 | Denied | Response WaivedIFP | access-to-justice constitutional-deprivation criminal-procedure defendants-rights discovery discovery-restrictions due-process government-limitations government-misconduct judicial-review sixth-amendment | Should This Court Address the Sixth Amendment Deprivations Created by the Government's Pervasive Restrictions on Defendants' Access to Discovery? |
| 20-5481 | Fredrick Brown v. United States | Third Circuit | 2020-08-25 | Denied | Response WaivedIFP | cross-examination federal-rules-of-evidence fifth-amendment mens-rea prior-acts sixth-amendment victim-witness-evidence | Were the Petitioner's rights under the Fifth and Sixth Amendments to the United States Constitution infringed, where pursuant to F.R.E. 412, the Trial… |
| 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 | Dismissed | 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… |
| 20-5439 | Jesse Santibanez v. United States | Fifth Circuit | 2020-08-21 | Denied | Response WaivedIFP | ABUSE-OF-DISCRETION CONFRONTATION-CLAUSE confrontation-right CRIMINAL-PROCEDURE CROSS-EXAMINATION district-court-discretion SIXTH-AMENDMENT WITNESS-CREDIBILITY witness-testimony | Question not identified. |
| 20-5440 | Jose Tejada v. Massachusetts | Massachusetts | 2020-08-21 | Denied | Response WaivedIFP | criminal-procedure due-process equal-protection ethnic-bias fourteenth-amendment jury-selection sixth-amendment | 1. Whether the right to a fair trial by an impartial jury under the Sixth and Fourteenth Amendments requires a trial judge, during jury selection and … |
| 20-5427 | Josiah Daniel Porter v. Illinois | Illinois | 2020-08-20 | Denied | Response WaivedIFP | criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel judicial-cure plea-bargaining plea-stage sixth-amendment | Whether a but-for causal relationship between the defendant's guilty plea and his counsel's deficiency is nullified by judicial plea admonitions addre… |
| 20-5429 | Derrick T. Neville, Jr. v. United States | Seventh Circuit | 2020-08-20 | Denied | Response WaivedIFP | alleyne apprendi criminal-procedure jury-trial sentencing sixth-amendment | approacl does not apply to the texn "serious drvg sffense pursuant to 92yle)(2lA)i). Tne tevm "requires an ly that the state offsuse inuolue thecondu… |
| 20-5436 | Christy Santiago v. United States | Fourth Circuit | 2020-08-20 | Denied | Response WaivedIFP | acquitted-conduct constitutional-rights criminal-procedure criminal-sentencing due-process jury-trial sentencing-guidelines sixth-amendment | Does the Sixth Amendment's right to a jury trial prohibit courts from using acquitted conduct to vary significantly upward from a Sentencing Guideline… |
| 20-5403 | Dimarzio Swade Sanchez v. United States | Ninth Circuit | 2020-08-19 | Denied | Response WaivedIFP | aiding-and-abetting criminal-procedure due-process first-degree-murder jury-instruction jury-instructions mandatory-life-imprisonment sixth-amendment | The government convicted Dimarzio Swade Sanchez of aiding and abetting in first degree murder, and he was sentenced to a mandatory life imprisonment. … |
| 20-5415 | Gillman Roddy Long, aka Dave Gillman Long v. United States | Eighth Circuit | 2020-08-19 | Denied | Response WaivedIFP | 5th-amendment appeal-review civil-rights criminal-procedure due-process evidence fifth-amendment habeas-corpus self-incrimination sixth-amendment | 1. Does an objection to the governments arguement that a defendant."had not denied the accusations against him." violate the fifth Amendment? 2. Does… |
| 20-5369 | Don Farmer v. Bernard Booker, Warden | Fourth Circuit | 2020-08-17 | Denied | Response WaivedIFP | confrontation-clause court-procedure crawford-vs-washington due-process evidence-testimonial ineffective-assistance legal-standards professional-norms sixth-amendment testimonial-evidence verbal-testimony witness-testimony | 1.) Whether the evidence supplied through verbal testimony of a witness is considered testimonial (where statements must be functionally identical to … |
| 20-5377 | Brandon Ray Buckles v. United States | Ninth Circuit | 2020-08-17 | Denied | Response WaivedIFP | §-2255-motion 28-usc-2255 due-process evidentiary-hearing federal-prisoner fifth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel | Is it improper for a district court to summarily deny a federal prisoner's motion to vacate, set aside or correct a sentence pursuant to 28 U.S.C. § 2… |
| 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 … |
| 20-5381 | Lawrence F. Curtin v. Kimberly Cortez | Eleventh Circuit | 2020-08-17 | Denied | Response WaivedIFP | eighth-amendment fifth-amendment first-amendment florida fourteenth-amendment fourth-amendment judicial-qualification-commission petition redress-of-grievances sixth-amendment state-court-judge | DO I HAVE A FIRST AMENDMENT RIGHT TO PETITION FLORIDA'S JUDBCIIAL QUALIFICATION COMMISSION, TOE GOVERNMENT, HIM WRITING, FOSS A REDRESS OF GRIEVANCES … |
| 20-5362 | David Wayne Allen v. Betty Mitchell, Warden | Sixth Circuit | 2020-08-14 | Denied | IFP | biased-juror death-penalty due-process fourteenth-amendment habeas-corpus juror-bias ohio-supreme-court sixth-amendment supreme-court-precedent | Did the trial court's refusal to dismiss a biased juror from a Death Penalty Panel, deprive Petitioner Allen of protection under the Sixth and Fourtee… |
| 20-5330 | Layne Aucoin v. Andrew Cupil, Lieutenant, et al. | Fifth Circuit | 2020-08-13 | Denied | Response WaivedIFP | civil-rights eighth-amendment excessive-force muhammad-v-close prison-discipline prisoner-rights sixth-amendment | Do the Sixth Amendment and this Court's decision in Muhammad v. Close, 540 U.S. 749 (2004), foreclose a federal court from dismissing an inmate 8th Am… |
| 20-5344 | Christopher Taylor v. Illinois | Illinois | 2020-08-13 | Denied | Response RequestedResponse WaivedRelisted (4)IFP | 6th-amendment autopsy-report cause-of-death confrontation-clause criminal-procedure knowing-murder lesser-included-offense murder-charge sixth-amendment testimonial-evidence | Whether a defendant is denied his Sixth Amendment right to be confronted with the witnesses against him where a court admits into evidence a certified… |
| 20-5320 | Johnathan Lamar Burks v. Michigan | Michigan | 2020-08-11 | Denied | Response WaivedIFP | alleyne apprendi due-process mcmillan sixth-amendment watts | WHETHER THE GENERAL SIXTH AMENDMENT RULE ANNOUNCED BY THE COURT IN APPRENDI, AS EXTENDED BY ALLEYNE, OVERRULES THE COURT'S HOLDINGS IN BOTH MCMILLAN A… |
| 20-5325 | Maurice Woodard v. Mark S. Inch, Secretary, Florida Department of Corrections | Eleventh Circuit | 2020-08-11 | Denied | Response WaivedIFP | actual-innocence administrative-law civil-rights constitutional-law continuance due-process effective-assistance-of-counsel habeas-corpus judicial-review legal-procedure sixth-amendment statutory-interpretation | Where the State postconviction courts assessment of Petitioner's Ineffective Assistance of counsel claim was "I guess the only potential issue would b… |
| 20-5297 | Demarius Bridges v. Illinois | Illinois | 2020-08-07 | Denied | IFP | confrontation-clause criminal-procedure due-process hearsay hearsay-testimony right-to-confrontation sixth-amendment standing testimonial-hearsay unavailable-witness | 2. Can unconfronted testimonial hearsay be used to secure the admission at trial of other unconfronted testimonial hearsay? 3. Did the state fail to … |
| 20-5301 | David L. Shanks, Jr. v. United States | Seventh Circuit | 2020-08-07 | Denied | Response WaivedIFP | criminal-procedure due-process federal-court fifth-amendment judicial-procedure sixth-amendment trial-commencement trial-in-absentia | Whether Federal Rule of Criminal Procedure 43 and a criminal defendant's Fifth and Sixth Amendment rights are violated when a Federal Judge appears at… |
| 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… |
| 20-5281 | Steven Robinson, aka Michael Moore v. United States | District of Columbia | 2020-08-06 | Denied | Response WaivedIFP | civil-procedure civil-rights due-process effective-assistance-of-counsel equal-protection fifth-amendment fourteenth-amendment free-speech self-incrimination sixth-amendment standing | I. WAS PETITIONER'S FIFTH AMENDMENT COMPULSORY SELF INCRIMINATION WAS VIOLATED BECAUSE THE PROSECUTING ATTORNEYS GLENN KIRSCHNER AND NIHAR MOHANTY TH… |
| 20-5264 | Lakento Brian Smith v. United States | Sixth Circuit | 2020-08-05 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | crack-cocaine criminal-sentencing first-step-act guideline-range mandatory-minimum post-sentencing-conduct resentencing sentence-reduction sixth-amendment statutory-interpretation | The First Step Act changed the penalty for petitioner's crack cocaine crimes from life in prison to 10 years to life and changed petitioner's guidelin… |
| 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… |
| 20-120 | Alfredo Juarez v. Colorado | Colorado | 2020-08-04 | Denied | Response RequestedResponse WaivedRelisted (2) | criminal-procedure deportation effective-assistance-of-counsel guilty-plea immigration immigration-consequences padilla-standard padilla-v-kentucky sixth-amendment | When there is no dispute that a guilty plea will trigger mandatory deportation pursuant to federal law, must defense counsel advise a noncitizen-defen… |
| 20-5257 | Jimmy McLain Moore v. United States | Sixth Circuit | 2020-08-04 | Denied | Response WaivedIFP | confrontation-clause crawford-v-washington criminal-procedure due-process fair-trial fourth-amendment law-enforcement right-to-confrontation sixth-amendment witness-communication | 1. Whether the Sixth Circuit Court of Appeals failed to decide an important Federal Question regarding the right of a Defendant to confront witnesses … |
| 20-5192 | Scott Allan Moser v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2020-07-31 | Denied | IFP | appellate-counsel federal-rules-of-criminal-procedure habeas-corpus ineffective-assistance-of-counsel invited-error-doctrine martinez-framework martinez-v-ryan procedural-default sixth-amendment | Under the Sixth Amendment, are procedurally defaulted claims of ineffective assistance of appellate counsel excusable under the framework established … |
| 20-5196 | David McConnell v. Florida | Florida | 2020-07-31 | Denied | IFP | cooperation-with-state criminal-investigation criminal-procedure effective-assistance-of-counsel fourteenth-amendment ineffective-assistance-of-counsel murder murder-prosecution prosecutorial-conflict sixth-amendment | 1. Does counsel under the Fourteenth and Sixth Amendment have an obligation to effectively assist a defendants cooperation with the State in a murder… |
| 20-90 | Eugene Slone v. United States | Sixth Circuit | 2020-07-29 | Denied | Response Waived | certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement sixth-amendment strickland-standard subject-matter-jurisdiction | Did Slone sufficiently meet his burden under Strickland such that the District and Circuit courts should have granted his petition for a Certificate o… |
| 20-79 | Cedric L. Daniels v. Dave Davey, Warden | Ninth Circuit | 2020-07-27 | Denied | Response Waived | confrontation-clause due-process evidence-admission fourteenth-amendment hearsay impeachment-evidence jury-instructions sixth-amendment three-strikes-law | Could a jurist of reason find that petitioner was denied his Sixth Amendment right to confront and cross-examine witnesses and Fourteenth Amendment ri… |
| 20-5183 | Keith Hoglund v. Ron Neal, Warden | Seventh Circuit | 2020-07-27 | Denied | Response WaivedIFP | constitutional-amendments constitutional-rights due-process expert-testimony fourteenth-amendment harmless-error hearsay-evidence procedural-rights sixth-amendment | Issue I: Whether the lower court(s) violated Keith Hoglund 's substantive and procedural due process rights by their holding(s) that there was no rea… |
| 20-5169 | Randy A. Thomas v. Ohio | Ohio | 2020-07-24 | Denied | IFP | developmental-delay fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel low-iq mental-capacity self-defense sixth-amendment social-security | Ohio places the burden of proof and persuasion in a self defense case on the person asserting self defense. A person's state of mind is relevant in a … |
| 20-5171 | Cedric Watkins v. Kenneth D. Hutchison, Warden, et al. | Sixth Circuit | 2020-07-24 | Denied | IFP | constitutional-rights credibility-of-witnesses due-process effective-assistance-of-counsel evidence-sufficiency fourteenth-amendment ineffective-assistance jackson-v-virginia sixth-amendment witness-credibility | This case presents two important nationwide issues. The first issue concerns an inappropriate application of a U.S. Supreme Court precedent and whethe… |
| 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 … |
| 20-71 | Stephen P. Brown v. United States | Second Circuit | 2020-07-24 | Denied | Response Waived | appeal-waiver certificate-of-appealability criminal-procedure due-process fifth-amendment ineffective-assistance section-2255 sentencing sentencing-review sixth-amendment | Should this Court vacate and remand the Februar y 12, 2020 Order of the U.S. Court of Appeals for the Second Circuit denying a certificate of appealab… |
| 20-5152 | Joel Arredondo-Moreno v. United States | Fifth Circuit | 2020-07-23 | Denied | Response WaivedIFP | criminal-procedure due-process sentencing sixth-amendment stare-decisis supreme-court | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 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… |
| 20-5119 | Wayne Powell v. Ohio | Ohio | 2020-07-21 | Denied | IFP | death-penalty due-process eighth-amendment expert-funding hurst-v-florida indigent-defendant ineffective-assistance ineffective-assistance-of-counsel postconviction-relief sixth-amendment | 1. Does Ohio's postconviction process allow indigent defendants a substantive opportunity to develop claims that comport with Ohio's collateral review… |
| 20-5123 | Cardell A. Hayes v. Louisiana | Louisiana | 2020-07-21 | GVR | Response RequestedResponse WaivedRelisted (2)IFP | appeal-pipeline criminal-procedure due-process equal-protection fourteenth-amendment non-unanimous-verdict pipeline ramos-relief ramos-v-louisiana retroactivity sixth-amendment | Because Cardell Hayes's non-unanimous verdict is unconstitutional, Ramos v. Louisiana, — S.Ct. —, 2020 WL 1906545 (2020), is he entitled to the relief… |
| 20-5129 | David Aziel Sheer v. Patrick Warren, Warden | Sixth Circuit | 2020-07-21 | Denied | Response WaivedIFP | certificate-of-appealability confrontation-clause effective-assistance-of-counsel fair-trial fourteenth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment | I. WHETHER THIS COURT SHOULD ISSUE A WRIT OF CERTIORARI IN ORDER TO CORRECT THE SIXTH CIRCUITS DECISION IN DENYING PETITIONER A CERTIFICATE OF APPEALA… |
| 20-5036 | Jermond Perry v. Jeffrey Woods, Warden | Sixth Circuit | 2020-07-20 | Denied | Response WaivedIFP | batson-challenge batson-v-kentucky equal-protection habeas-corpus jury-selection peremptory-challenges peremptory-strikes racial-discrimination sixth-amendment | I. Was counsel's objection at the moment the pattern emerged sufficient to warrant a full Batson inquiry withrespect to all strikes in the alleged p… |
| 20-5105 | David Scott Temple v. Darrel Vannoy, Warden | Fifth Circuit | 2020-07-17 | Denied | Response WaivedIFP | constitutional-rights due-process effective-assistance-of-counsel fourteenth-amendment guilty-plea louisiana-constitution plea-bargaining sixth-amendment standard-of-review strickland-standard strickland-v-washington | 1. Reasonable jurists would determine that Mr. Temple was denied effective assistance of counsel as guaranteed by the Sixth Amendment to the United St… |
| 20-34 | Anthony Thomas Grimes v. Kentucky | Kentucky | 2020-07-16 | Denied | Response Waived | criminal-defense criminal-procedure effective-assistance-of-counsel parole-eligibility plea-bargaining plea-negotiation prejudice-standard sentencing sentencing-information sexual-offender-registration sixth-amendment strickland-v-washington | Whether the Kentucky Court of Appeals has diminished and violated the federal constitutional guarantee of effective assistance of counsel in the pretr… |
| 20-5084 | Priscilla Ann Ellis v. United States | Eleventh Circuit | 2020-07-16 | Denied | Response WaivedRelisted (2)IFP | 5th-amendment 6th-amendment brady-claim civil-rights due-process ineffective-counsel judicial-prejudice racial-bias sentencing sixth-amendment | Was Ellis Prejudicied when NONE of her concerns were considered in her Initial Appeal 17-12737? Was Ellis Prejudiced per 6th Amendment when Attorney … |
| 20-5066 | Everett L. Spillard v. Superior Court of California, Humboldt County, et al. | California | 2020-07-15 | Denied | Response WaivedIFP | appellate-review constitutional-rights due-process federal-courts habeas-corpus ineffective-assistance-counsel judicial-misconduct sixth-amendment state-courts transcripts | 1. Can Superior Court and it's DA Violate all Judicial mistakes and misconduct can't be ruled an J? 2. Can all the Courts in the State ignore the Law… |
| 20-5078 | Vagan Adzhemyan v. United States | Ninth Circuit | 2020-07-15 | Denied | Response WaivedIFP | contested-element contested-elements due-process federal-kidnapping-statute harmless-error jury-instruction jury-instructions kidnapping-statute sixth-amendment structural-error | Whether the Sixth Amendment allows a district court to refuse to instruct jurors on the only contested element of the federal kidnapping statute after… |
| 20-5059 | Christopher Goodin v. United States | Sixth Circuit | 2020-07-14 | Denied | Response WaivedIFP | child-protection constitutional-rights criminal-penalty criminal-punishment jury jury-trial mandatory-restitution mandatory-statute restitution sexual-exploitation sixth-amendment | Does the Constitution's guarantee of trial by jury extend to awards of restitution under the Mandatory Restitution For Sexual Exploitation of Children… |
| 20-5032 | Daniel Lewis Lee v. T. J. Watson, Warden, et al. | Seventh Circuit | 2020-07-13 | Denied | IFP | 28-usc-2255 brady-claim due-diligence federal-inmates habeas-corpus ineffective-assistance-of-counsel savings-clause sixth-amendment structural-bar | 1. The savings clause of 28 U.S.C. § 2255(e) provides a residual habeas forum for federal inmates in cases in which a § 2255 motion is "inadequate or … |
| 20-5050 | Ezra Leslie v. New York | New York | 2020-07-13 | Denied | Response WaivedIFP | constitutional-rights due-process fair-trial ineffective-counsel prosecutorial-misconduct reversal sixth-amendment structural-error | 1. Petitioner, [Ezra Leslie], was charged with second-degree murder in the death of his paramour. Leslie maintained his innocence and informed his cou… |
| 20-5003 | Richard B. Woods v. Louisiana | Louisiana | 2020-07-09 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-error constitutional-law criminal-procedure due-process fourteenth-amendment jury-trial non-unanimous-verdict remand sixth-amendment | Whether petitioner's conviction based upon a non-unanimous verdict violated the Sixth and Fourteenth Amendments to the United States Constitution? Wh… |
| 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 … |
| 19-8909 | Grant Ruffin Haze v. Katy Poole, Administrator, Scotland Correctional Institution | Fourth Circuit | 2020-07-08 | Denied | IFP | civil-rights criminal-procedure due-process evidence-presentation exculpatory-evidence fair-trial ineffective-assistance prosecutorial-misconduct sixth-amendment trial-counsel witness-tampering | I. Didhe prosctiinteninalandepead oa wie ah ht mail cnaattonio o tialta tn t e I. Didcunses filuto prsentvidenc Petitner's milliondoll I-Phone case … |
| 19-8920 | Deshawn Colbert v. Sherry L. Burt, Warden | Sixth Circuit | 2020-07-08 | Denied | Response WaivedIFP | confrontation confrontation-clause criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel new-trial pre-arrest-silence prosecutorial-misconduct sixth-amendment | THE APPELANT'S RIGHT TO CONFRONTATION PURSUANT TO THE SIXTH AMENDMENT OF THE UNITED STATES CONSTITUTION WAS VIOLATED AS A RESULT OF INEFFECTIVE ASSIST… |
| 19-8928 | Oscar Campos-Lagunas, aka Jose Lopez-Lomali, aka Carlos Ortiz, aka Orbelin Lagunas Campos, aka Carlos Laguna Campos, aka Oscar Laguan Campos, aka Norbelio Campos-Lagunas, aka Carlo Garcia, aka Orbelin Campos v. United States | Fifth Circuit | 2020-07-08 | Denied | Response WaivedIFP | apprendi-rule constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment judicial-interpretation precedent-review sentencing sixth-amendment statutory-interpretation supreme-court-review | Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 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… |
| 19-1465 | Robert Marcelis v. Pennsylvania | Pennsylvania | 2020-07-07 | Denied | Response Waived | criminal-defendant criminal-procedure increased-sentence jury-finding jury-trial prior-convictions reasonable-doubt sentencing-enhancement sixth-amendment | Does the sixth amendment require a jury finding beyond a reasonable doubt that a criminal defendant has one or more prior convictions before an increa… |
| 19-8847 | Michael D. Nixon v. United States | Sixth Circuit | 2020-07-07 | Denied | Response WaivedIFP | 18-USC-3006A constitutional-rights criminal-procedure due-process expert-witness funding-denial geo-location indigent-defendant sixth-amendment statutory-interpretation | Whether Michael D. Nixon's constitutional rights were violated when the District Court failed to grant him, an indigent defendant, funding for a geo-l… |
| 19-8889 | Hector Guagua-Alarcon v. United States | Eleventh Circuit | 2020-07-02 | Denied | IFP | article-iii article-three due-process executive-branch executive-power federal-jurisdiction maritime-drug-law maritime-drug-law-enforcement-act sixth-amendment subject-matter-jurisdiction | I. The parties to a case cannot manufacture federal subject-matter jurisdiction by stipulation. Nonetheless, the Maritime Drug Law Enforcement Act, 46… |
| 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… |
| 19-8874 | Robert Warren Scully v. United States | Fifth Circuit | 2020-07-01 | Denied | Response WaivedIFP | constitutional-rights criminal-sentencing fact-finding fifth-amendment jury-trial restitution restitution-order sixth-amendment | 1. Whether a restitution order imposed as part of a federal criminal sentence and based on fact-findings made by the district court, rather than the j… |
| 19-8875 | David Gerard Jones v. Louisiana | Louisiana | 2020-07-01 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial non-unanimous-verdict remand sixth-amendment | Whether petitioner's conviction based upon a non-unanimous verdict violated the Sixth and Fourteenth Amendments to the United States Constitution? Wh… |
| 19-8866 | Yara Chum v. Patricia Anne Coyne-Fague, Director, Rhode Island Department of Corrections | First Circuit | 2020-06-30 | Denied | Response WaivedIFP | federal-law ineffective-assistance ineffective-assistance-of-counsel prejudice-analysis prejudice-standard sixth-amendment state-court-review state-law-standard strickland-standard strickland-v-washington | Did the Court of Appeals for the First Circuit err in holding that a state court decision was not contrary to federal law when, in deciding a Sixth Am… |
| 19-8825 | Edgardo Navarro v. United States | Fifth Circuit | 2020-06-26 | Denied | Response WaivedIFP | almendarez-torres apprendi criminal-procedure indictment notice-clause prior-conviction sentencing-enhancement sixth-amendment | I. Can a sentencing court, consistent with the Sixth Amendment's Notice Clause, impose a statutorily enhanced sentence based on the fact of a prior co… |
| 19-8832 | Stefan Van Der End v. United States | Second Circuit | 2020-06-26 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure due-process jury-trial maritime-law nationality sixth-amendment | 1. Whether the Fifth and Sixth Amendments are violated by the provision of the Maritime Drug Law Enforcement Act, 46 U.S.C. § 70504(a), precluding jur… |
| 19-8819 | Hector Rivera v. United States | Second Circuit | 2020-06-25 | Denied | Response WaivedIFP | alternative-evidence confrontation-right cross-examination district-court-discretion evidentiary-limitation federal-rules-of-evidence rule-403 sixth-amendment | Whethe r a district court 's discretion to limit the Sixth Amendment right to confront witnesses is as broad as the general discr etion to limit evid … |
| 19-1418 | Zoie H. v. Nebraska | Nebraska | 2020-06-25 | Denied | Amici (1) | 2nd-amendment 6th-amendment collateral-consequence constitutional-rights due-process firearm-rights jury-trial juvenile-court second-amendment sixth-amendment | Whether the Second and Sixth Amendments permit a state to deprive an individual of the Second Amendment right to keep and bear arms based on the commi… |
| 19-8803 | Bennie Adams v. Ohio | Ohio | 2020-06-24 | Denied | IFP | autopsy-report confrontation-clause crawford-v-washington criminal-procedure evidence-law sixth-amendment testimonial-evidence | Is an autopsy report testimonial evidence that demands confrontation under Crawford v. Washington, 541 U.S. 36 (2004), and the Sixth Amendment to the … |
| 19-8807 | Cassandra Cean v. United States | Second Circuit | 2020-06-24 | Denied | Response WaivedRelisted (3)IFP | circuit-split criminal-liability eighth-amendment intervening-cause mandatory-victims-restitution-act proximate-cause sixth-amendment | Even after Robers v. United States, 134 S.Ct. 1854 (2014), the circuits remain dangerously divided over what method to apply when determining proximat… |
| 19-8779 | Nader Salem Elhuzayel v. United States | Ninth Circuit | 2020-06-22 | Denied | Response WaivedIFP | due-process electronic-surveillance ex-parte-proceedings ex-parte-review fifth-amendment fisa in-camera-review sixth-amendment | Whether the district court's in camera, ex parte review of the materials, application, and surveillance order without permitting disclosure or partici… |
| 19-8783 | Alfredo Gonzalez v. United States | First Circuit | 2020-06-22 | Denied | Response WaivedIFP | 21-usc-851 dimaya-v-sessions due-process felony-drug-offense first-step-act johnson-v-united-states jury-selection plain-error-review sentencing-enhancement sixth-amendment void-for-vagueness | I. Whether the definition of "felony drug offense" for the pur poses of 21 U.S.C. §851 is void for vaguene ss after Johnson, Dimaya, and Da vis. II. … |
| 19-8755 | Levi West v. United States | Sixth Circuit | 2020-06-19 | Denied | Response WaivedIFP | apprendi-doctrine armed-career-criminal-act constitutional-interpretation conviction-records criminal-procedure jury jury-trial sentencing sentencing-enhancement sixth-amendment | The Armed Career Criminal Act enhances the statutory penalty for a firearms offense when the offender has three predicate convictions for crimes that … |
| 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… |
| 19-1396 | Richard C. Stephens v. Chad F. Kenney, et al. | Third Circuit | 2020-06-19 | Denied | 14th-amendment 6th-amendment civil-rights color-of-law constitutional-rights due-process elder-abuse judicial-immunity property-theft real-property sixth-amendment | 1. Whether the United States Court of Appeals for the Third Circuit erred in affirming the Dismissal on Complaint; in violation of the Petitioner's Co… | |
| 19-1391 | Larry Alan Whitely v. Sharon McCoy, Warden | Tenth Circuit | 2020-06-18 | Denied | compulsory-process due-process fourteenth-amendment right-to-present-defense sixth-amendment trial-by-jury webb-v-texas witness-coercion | Webb v. Texas prohibits the government from making gratuitous threats that preclude defense witnesses from freely and voluntarily choosing to testify.… | |
| 19-8738 | Charles Clark v. Vance Laughlin, Warden | Georgia | 2020-06-18 | Denied | IFP | competent-jurisdiction constitutional-violation due-process fifth-amendment jury-trial sixth-amendment state-trial-court subject-matter-jurisdiction venue | Is the Fourteenth AMENOMENT OF the UNited States Due process clause Violated where the State trial Court was without Subject -Matter Jurisdiction to p… |
| 19-8740 | Anthony J. Williams v. Louisiana | Louisiana | 2020-06-18 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-law constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial non-unanimous-verdict sixth-amendment | Whether petitioner's conviction based upon a non-unanimous verdict violated the Sixth and Fourteenth Amendments to the United States Constitution? Wh… |
| 19-8723 | Shane P. Irish v. Ohio | Ohio | 2020-06-17 | Denied | IFP | constitutional-rights criminal-procedure due-process incarceration indictment sixth-amendment speedy-trial waiver | Whether the speedy trial guarantee of the Sixth Amendment to the U.S. Constitution applies to an accused serving a prison sentence on a prior offense?… |
| 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… |
| 19-8736 | Linda Renae Clark v. Washington | Washington | 2020-06-17 | Rehearing | Response WaivedRelisted (2)IFP | adversarial-testing constitutional-rights criminal-procedure ineffective-assistance-of-counsel judicial-misconduct prosecutorial-evidence public-defender recusal sixth-amendment | 1. Whether a criminal defendant's Sixth Amendment rights are violated when a public defender fails to independently investigate the criminal charges a… |
| 19-8702 | Billy Edward Sedberry v. United States | Fifth Circuit | 2020-06-15 | Denied | Response WaivedIFP | base-offense-level criminal-procedure drug-quantity judicial-fact-finding jury-trial methamphetamine sentencing sentencing-guidelines sixth-amendment | 1. Whether the district court procedurally erred in miscalculating Sedberry's drug quantity base offense level. 2. Alternatively, whether the distric… |
| 19-8711 | Willie Dunn v. Louisiana | Louisiana | 2020-06-15 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-rights criminal-conviction criminal-procedure due-process fourteenth-amendment judicial-review jury-trial jury-unanimity sixth-amendment state-courts | Whether petitioner's conviction based upon a non-unanimous verdict violated the Sixth and Fourteenth Amendments to the United States Constitution? Wh… |
| 19-1372 | Angel M. Ayala-Vazquez v. United States | First Circuit | 2020-06-12 | Denied | Response Waived | 5th-amendment 6th-amendment appellate-review certificate-of-appealability due-process evidentiary-hearing fair-trial fifth-amendment judicial-proceedings perjured-testimony sixth-amendment standard-of-review supreme-court-precedent writ-of-certiorari | Whether the lower courts so far departed from the accepted and usual course of judicial proceedings, or sanctioned such a departure by a lower court, … |
| 19-1357 | Robert Angel Perez v. Colorado | Colorado | 2020-06-11 | Denied | Amici (2) | criminal-defendant criminal-procedure discovery due-process exculpatory-evidence fourteenth-amendment mental-health-records privilege sixth-amendment state-privilege | Whether, and to what extent, the Sixth and Fourteenth Amendments guarantee a criminal defendant the right to discover potentially exculpatory mental h… |
| 19-1358 | Michigan v. William Larenzo Shoulders | Michigan | 2020-06-11 | Denied | Response Waived | alleyne-v-us criminal-procedure criminal-sentencing indeterminate-sentencing jury-determination jury-trial michigan-law michigan-supreme-court parole parole-eligibility sentencing-guidelines sixth-amendment | In Michigan's "indeterminate" sentencing scheme, judgments of sentence contain two numbers: the minimum number of years the defendant will have to ser… |
| 19-8675 | Issac Oral Chandler v. United States | Fifth Circuit | 2020-06-11 | Denied | Response WaivedIFP | constitutional-challenge criminal-sentencing due-process fifth-amendment jury-trial reasonable-doubt revocation sixth-amendment statutory-interpretation supervised-release | Should this Court grant review to determine whether the mandatory provision for revocation of supervised release set forth in 18 U.S.C. § 3583(g) viol… |
| 19-8661 | Justo Jonah Santos v. United States | Eleventh Circuit | 2020-06-10 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | confrontation-clause criminal-prosecution immigration immigration-law naturalization sixth-amendment testimonial testimonial-evidence | The lower court in this case admitted into evidence an immigration officer's handwritten notes and checkmarks on a naturalization application, made du… |
| 19-8635 | Kenneth Brown v. Kentucky | Kentucky | 2020-06-08 | Denied | Response RequestedRelisted (2)IFP | constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sixth-amendment strickland-v-washington | 1. Should a court be allowed to deny the withdrawl of a defendant's guilty plea,- when it is clear that the plea was not entered voluntarily, and wi… |
| 19-8607 | Derrick Thompson v. Patrick Griffin, Superintendent, Sullivan Correctional Facility | Second Circuit | 2020-06-04 | Denied | Relisted (2)IFP | confrontation-clause fair-trial forensic-analysis forensic-evidence ineffective-assistance ineffective-assistance-of-counsel right-to-fair-trial sixth-amendment speedy-trial testimonial-evidence testimonial-statements | Does the Confrontation Clause permit the prosecution to introduce testimonial identification statements of a non-testifying forensic analyst through t… |
| 19-1338 | Briley W. Piper v. Darrin Young, Warden | South Dakota | 2020-06-04 | Denied | criminal-procedure cumulative-error ineffective-assistance ineffective-assistance-of-counsel jury-trial jury-trial-waiver plea-bargaining pre-plea-advisory prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-jury-trial waiver-of-jury-sentencing waiver-of-jury-trial | The South Dakota Supreme Court has ruled that Briley did not knowingly and intelligently waive his right to a jury trial. But the South Dakota Supreme… | |
| 19-8593 | Damon Christopher Crim v. Ohio | Ohio | 2020-06-03 | Denied | Response WaivedIFP | criminal-procedure effective-assistance-of-counsel fourteenth-amendment guilty-plea ineffective-assistance misunderstanding plea-bargain sixth-amendment | I. When the record reveals that a criminal defendant misunderstands a key element of a plea bargain is his guilty plea void? II. When defense counsel… |
| 19-8584 | Christopher Raynard Kidd v. United States | Fifth Circuit | 2020-06-02 | Denied | Response WaivedIFP | criminal-defense due-process evidence-review ineffective-assistance ineffective-assistance-of-counsel legal-representation legal-standards prejudice sixth-amendment strickland-v-washington trial-counsel | Whether trial counsel was ineffective for failing to review all the evidence with Mr. Kidd prior to trial? |
| 19-8589 | Ramon Enrique Acosta v. United States | Eleventh Circuit | 2020-06-02 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review plea-bargaining sixth-amendment trial-counsel | Whether reasonable jurists could debate the district court's determination that trial counsel was not constitutionally ineffective with respect to the… |
| 19-8577 | Shane Roscoe v. Connie Horton, Warden | Sixth Circuit | 2020-06-01 | Denied | Response WaivedIFP | brady-violation confrontation-right confrontation-rights due-process forfeiture-by-wrongdoing hearsay hearsay-statements ineffective-assistance prosecutorial-misconduct sixth-amendment witness-credibility | I. Petitioner Shane Roscce's conviction rested upon and. was upheld by the State Appellate and Federal Habeas Courts based on the testimonial hearsay… |
| 19-8544 | Hubert Carter v. United States | Eighth Circuit | 2020-05-27 | Denied | Response WaivedIFP | armed-career-criminal-act criminal-procedure judicial-determination jury-trial sentencing sentencing-enhancement sixth-amendment statutory-interpretation | Does the judicial determination of crimes "committed on occasions different from one another" at sentencing under the Armed Career Criminal Act, 18 U.… |
| 19-8547 | Joseph D. Blueford v. Timothy Hooper, Warden | Fifth Circuit | 2020-05-27 | Denied | IFP | appellate-review due-process fair-trial harmless-error impartial-tribunal judicial-discretion jury jury-competence sixth-amendment | Does a petitioner have the right to a fair and impartial trial when a juror does not hear or understanding the evidence being provided? |
| 19-8514 | Farid Popal v. New York | New York | 2020-05-21 | Denied | IFP | confrontation-clause constitutional-rights criminal-procedure due-process post-conviction-hearing post-conviction-proceedings right-to-present-defense sixth-amendment video-testimony witness-coaching | WHETHER TWO-WAY VIDEO TESTIMONY VIOLATES A CRIMINAL DEFENDANT'S CONFRONTATION AND RIGHT TO PRESENT A COMPLETE DEFENSE UNDER SIXTH AMENDMENT TO THE U.S… |
| 19-8515 | Michael Munday v. United States | Eleventh Circuit | 2020-05-21 | Denied | Response WaivedIFP | disparate-sentencing double-jeopardy due-process fairness fifth-amendment judicial-review reasonableness sentencing sentencing-disparity sixth-amendment | In affirming the 12-year upward departure sentence, the Eleventh Circuit Court of Appeals has so far departed from the accepted and usual course of ju… |
| 19-8516 | Craig Mrazek v. Illinois | Illinois | 2020-05-21 | Denied | Relisted (2)IFP | automatic-reversal brady-violation civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel prosecutorial-misconduct reasonable-assistance sixth-amendment | A. WHETHER COURT'S DISREGARD OF PETITIONER'S ASSERTION A BRADY CLAIM, SPECIFICALLY PER SE CONFLICT WHERE PROSECUTOR AS CURRENTLY IS A STATE PROSECUTOR… |
| 19-1302 | David Shinn, Director, Arizona Department of Corrections v. George Russell Kayer | Ninth Circuit | 2020-05-20 | GVR | Amici (1)Relisted (9) | aedpa aedpa-standard comity de-novo-review federalism habeas-corpus habeas-relief ineffective-assistance ineffective-assistance-of-counsel ninth-circuit rule-of-law sixth-amendment standard-of-review | Did the Ninth Circuit violate 28 U.S.C. § 2254's deferential standard, and employ a flawed methodology this Court has repeatedly condemned, when it gr… |
| 19-8497 | Christopher Lyman v. Kansas | Kansas | 2020-05-19 | Denied | Response WaivedIFP | confrontation-clause criminal-defendant due-process expert-testimony first-amendment fourteenth-amendment medical-expert religious-discrimination sixth-amendment | Whether a court can deny a criminal defendant his medical expert, who's expert testimony is critical to a material fact in dispute, and base this deni… |
| 19-8487 | Jerrell Berger v. Robert Adams, Warden | Eleventh Circuit | 2020-05-18 | Denied | IFP | criminal-procedure due-process ineffective-assistance-of-counsel jury-selection multiple-charges murder-charge sentencing sentencing-decision sixth-amendment trial-court | My Leegal Counsel Wy7s wet tecl: ve tor mae z& MAKE COE Awe of Lwo chur ses ak he hzen/ Severed! iw My CHASE ana grated by rial unas, his case Ase in… |
| 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… |
| 19-8477 | Timothy Martin Kendrick v. United States | Eighth Circuit | 2020-05-15 | Denied | Response WaivedIFP | 2nd-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure due-process free-speech judicial-interpretation sixth-amendment standing | Question not identified. |
| 19-1293 | Michael Ludwikowski v. United States | Third Circuit | 2020-05-15 | Denied | Response RequestedResponse WaivedRelisted (2) | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-acquittal sentencing sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from increasing a criminal defendant's sentence for conduct underlying a count on whic… |
| 19-8440 | Katherine O'Neal v. United States | Tenth Circuit | 2020-05-12 | Denied | Response WaivedIFP | appellate-review constitutional-error evidence-admission harmless-error jury-trial overwhelming-evidence sixth-amendment | In determining whether constitutional error in the admission of evidence is harmless, should a reviewing court focus on whether the error contributed … |
| 19-8429 | Tariq Maqbool v. Marcus O. Hicks, Commissioner, New Jersey Department of Corrections, et al. | Third Circuit | 2020-05-11 | Denied | IFP | constitutional-rights criminal-procedure dna-testing due-process fifth-amendment fourteenth-amendment ineffective-assistance miranda-rights sixth-amendment | 1. Whether the Third Circuit Court of Appeals, the District Court, and the New Jersey state courts' ruling, denying Petitioner's ineffective assistanc… |
| 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… |
| 19-8411 | Charles Burton v. United States | Sixth Circuit | 2020-05-06 | Denied | Response WaivedIFP | criminal-procedure due-process federal-rules-of-criminal-procedure fifth-amendment harmless-error sixth-amendment structural-error | 1. Whether mailing a verdict to a criminal defendant through his counsel in violation of the Fifth Amendment, Sixth Amendment and Federal Criminal Rul… |
| 19-8388 | Terrence Jamal Williams v. Sherry L. Burt, Warden | Sixth Circuit | 2020-05-04 | Denied | IFP | constitutional-error courtroom-closure due-process fundamental-fairness fundamental-unfairness ineffective-assistance-counsel ineffective-assistance-of-counsel judicial-discretion sixth-amendment waiver-doctrine weaver-v-massachusetts | Whether counsel's failure to object to the closure of the courtroom because he did not want to draw attention to his conduct meets the Weaver v Massac… |
| 19-8378 | Joseph Howell v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. | Third Circuit | 2020-04-30 | Denied | IFP | absolute-disparity duren-v-missouri fair-cross-section jury-pool jury-selection minority-representation presumption-of-legitimacy sixth-amendment systematic-exclusion venire-study | 1. May a court deny a fair cross-section challenge to the jury pool simply because the "absolute disparity" is less than 10%, thereby sanctioning the … |
| 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… |
| 19-1256 | Jennifer Mae Levin v. Florida | Florida | 2020-04-30 | Denied | Response Waived | cause-of-death confrontation-clause criminal-procedure due-process dui-manslaughter expert-testimony medical-records sixth-amendment | 1. Whether – in a case involving the charge of DUI manslaughter – the prosecution can meets its burden of proving "cause of death" through the testimo… |
| 19-8358 | Anthony L. Meads v. Illinois | Illinois | 2020-04-26 | Denied | IFP | constitutional-rights criminal-procedure due-process jurisdiction sixth-amendment speedy-trial | Idas Speedy -frifal Wd/WW ? |
| 19-8342 | Dearieus Duheart v. United States | Fifth Circuit | 2020-04-23 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-trial sentencing sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments prohibit the use of acquitted conduct to enhance a defendant's sentence? |
| 19-8338 | Charles P. Mayeux, Jr. v. Louisiana | Louisiana | 2020-04-22 | GVR | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-amendments criminal-conviction criminal-procedure due-process evidence-sufficiency fifth-amendment fourteenth-amendment jackson-v-virginia jury-trial non-unanimous-verdict sixth-amendment | Whether a conviction based upon a non-unanimous verdict violates the Fifth, Sixth and Fourteenth Amendments to the United States Constitution? Whethe… |
| 19-8323 | William George Coodey v. Oklahoma | Oklahoma | 2020-04-21 | Denied | IFP | consent criminal-procedure dna-evidence dna-testing due-process factual-innocence jackson-v-virginia rape sixth-amendment | 1. Whether DNA testing that would undermine an alleged rape victim's testimony denying consent to sexual intercourse would create sufficient uncertain… |
| 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 … |
| 19-8297 | Leif O'Connell v. Dushan Zatecky | Seventh Circuit | 2020-04-19 | Denied | Response WaivedIFP | appellate-counsel appellate-procedure constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance insanity-defense plea-bargaining prosecutorial-misconduct sixth-amendment | (Issue added by the State Attorney General on Appeal not heard in post conviction court used to affirm appeal failing to address the claims below). Th… |
| 19-8301 | Stephen J. Mocco v. David Shinn, Director, Arizona Department of Corrections, et al. | Ninth Circuit | 2020-04-19 | Denied | Response WaivedIFP | apprendi-rule apprendi-v-new-jersey brady-v-maryland brady-violation certificate-of-appealability sixth-amendment slack-standard slack-v-mcdaniel townsend-hearing townsend-v-sain | Question #1: In Hohn v. United States , 524 U.S. 236, 253 (1998), this Court held that it has authority and jurisdiction to review denials of applicat… |
| 19-8271 | Loren J. Larson, Jr. v. Alaska | Alaska | 2020-04-16 | Denied | Response WaivedIFP | equal-protection impartial-jury juror-bias jury-trial jury-trial-right no-impeachment-rule racial-bias sixth-amendment | All states and the federal government have one version or another of an evidence rule that generally prohibits the introduction of juror testimony reg… |
| 19-8274 | Tracy Anthony Scott v. United States | Eleventh Circuit | 2020-04-16 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process guilty-plea mens-rea plea-bargaining rehaif-v-united-states sixth-amendment | Does the Constitution require that the accused know the elements of a crime in order to validly plead guilty? Is Florida § 893.13 categorically a qu… |
| 19-8275 | Robert L. Swinton v. United States | Second Circuit | 2020-04-16 | Denied | Response WaivedIFP | automatic-exclusion complex-motion due-process pretrial-detention prior-conviction selective-prosecution sixth-amendment speedy-trial structural-error | (1) Was there error in the U.S. Sixth Amendment Speedy Trial and Speedy Trial Act assessment of this case due to an unverified prior conviction, struc… |
| 19-8278 | In Re Levar Lee Anthony Spence | 2020-04-16 | Denied | IFP | brady-violation due-process exculpatory-evidence fifth-amendment fourteenth-amendment fourth-amendment sixth-amendment spoliation spoliation-of-evidence writ-of-mandamus | Whether the United States Court of Appeals for the Third Circuit properly refused review and hearing of a "Fourth, Fifth, Sixth, and Fourteenth Amendm… | |
| 19-8253 | Rudolph Churchill v. Pennsylvania | Pennsylvania | 2020-04-14 | Denied | IFP | constitutional-rights criminal-procedure due-process evidence hypothetical-question ineffective-assistance jury-instruction jury-instructions prosecutorial-misconduct sixth-amendment trial-counsel | SIXTH AMENDMENT TO THE U.S. CONSTITUTION INEFFECTIVE ASSISTANCE OF COUNSEL (TRIAL COUNSEL) *FAILING TO REQUEST THAT THE JURY BE CHARGED WITH RESPECT … |
| 19-1214 | Marty Friend v. Indiana | Indiana | 2020-04-14 | Denied | Amici (1) | criminal-defendants criminal-procedure discovery due-process evidence medical-records privilege privileged-records psychotherapist-patient psychotherapist-privilege sixth-amendment witness-testimony | Whether, and under what circumstances, criminal defendants' Sixth Amendment and Due Process rights entitle them to obtain witnesses' privileged treatm… |
| 19-8247 | John Wilson v. Florida | Florida | 2020-04-13 | Denied | IFP | competency-hearing criminal-procedure defendant-rights due-process judicial-procedure mental-competency self-representation sixth-amendment trial-court trial-court-discretion | WHETHER THE TRIAL COURT WAS OBLIGATED TO DETERMINE THE MENTAL COMPETENCY OF A DEFENDANT BEFORE GRANTING HIM THE RIGHT TO REPRESENT HIMSELF AT TRIAL IF… |
| 19-8237 | Fernando Romero-Salgado v. United States | Ninth Circuit | 2020-04-10 | Denied | Response WaivedIFP | circuit-split criminal-procedure fifth-amendment jury-instruction jury-instructions mens-rea plain-error plain-error-review sixth-amendment substantial-rights | Does Rehaif error per se affect a defendant's substantial rights under the third prong of plain-error review? |
| 19-8213 | Jesus Rodriguez v. Steven Johnson, Administrator, New Jersey State Prison, et al. | Third Circuit | 2020-04-08 | Denied | IFP | collateral-review cullen-v-pinholster due-process fair-trial habeas-corpus ineffective-assistance martinez-exception martinez-v-ryan pinholster-ruling sixth-amendment | 1. Whether receiving inadequate representation at a first collateral review proceeding that causes the material facts of an ineffective assistance cla… |
| 19-8220 | Jorge Macli v. United States | Eleventh Circuit | 2020-04-08 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process effective-assistance-of-counsel plea-bargaining right-to-trial sixth-amendment trial-choice | 1. Whether the Petitioner was denied his Sixth Amendment right to effective assistance of counsel where the record was clearly established that defens… |
| 19-8203 | Rashan J. Hunt v. Ohio | Ohio | 2020-04-07 | Denied | IFP | constitutional-rights cruel-and-unusual-punishment due-process ineffective-assistance-of-counsel plea-agreement repeat-offender repeat-violent-offender sentencing sixth-amendment | FIRST QUESTION PRESENTED FOR REVIEW: WAS PETITIONER'S PLEA AGREEMENT VIOLATED, AND HIS CONSTITUTIONAL DUE PROCESS PROTECTIONS VIOLATED, WHEN THE TRIAL… |
| 19-8206 | Zaryl G. Bush v. Ohio | Ohio | 2020-04-07 | Denied | IFP | actual-innocence constitutional-rights fifth-amendment fourteenth-amendment procedural-bar sixth-amendment | I. Should the State Courts be allowed to hide behind an alleged procedural bar when clearly the record of the case and the Petitioner's prima facie cl… |
| 19-8185 | Floyd Dewaine Scott v. California | Ninth Circuit | 2020-04-06 | Denied | IFP | due-process eighth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment | 1] Did the California State Superior Court,Los Angeles County, Compton Branch violate the Petitioner's Due Process ,Sixth Amendment Rights,and Eighth… |
| 19-8192 | John Bejarano v. William Gittere, Warden, et al. | Nevada | 2020-04-06 | Denied | IFP | aggravating-factors appellate-reweighing apprendi clemons-v-mississippi constitutional-rights death-penalty jury-trial reweighing sixth-amendment | 1. Should this Court overrule Clemons v. Mississippi as inconsistent with Apprendi and its progeny, to the extent that it allows an appellate court to… |
| 19-8175 | Kitrich A. Powell v. Nevada | Nevada | 2020-04-03 | Denied | IFP | aggravating-factors burden-of-proof capital-punishment constitutional-rights death-penalty jury-instructions mitigating-circumstances sixth-amendment | Did the Nevada Supreme Court violate Mr. Powell's constitutional rights by making the outweighing requirement an afterthought for the jury, used only … |
| 19-8177 | Christopher Kyle Keys v. Florida | Florida | 2020-04-02 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment cellular-phone-data character-evidence collateral-crimes criminal-procedure due-process evidence sixth-amendment trial-court-discretion warrantless-search | The State Trial Court denied a timely motion for severance of the charges from separate incidents. And the Trial Court allowed the State Attorney to p… |
| 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… |
| 19-8111 | Todd James Broxmeyer v. L. Ray Ormond, Warden | Fourth Circuit | 2020-03-27 | Denied | Response WaivedIFP | acquitted-conduct constitutional-protection due-process fifth-amendment preponderance-of-evidence presumption-of-innocence sentencing sentencing-enhancement sixth-amendment | Is the use of the preponderance of evidence standard to enhance at sentencing deemed unconstitutional when the presumption of innocence is restored, i… |
| 19-8125 | Wendell Ray Thomas v. California | California | 2020-03-27 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment ineffective-assistance-of-counsel post-conviction-relief right-to-a-fair-trial sixth-amendment trial-fairness | I Whether Defense Counsel Craig Wormley's Mental Health Issues Had An Adverse Effect & Influence on the Outcome of the Trial Where the Principle Iss… |
| 19-8103 | Ramiro Rubi Ibarra v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2020-03-26 | Denied | IFP | capital-sentencing double-edged-evidence federal-judicial-review fifth-circuit habeas-corpus ineffective-assistance ineffective-counsel judicial-review sixth-amendment texas-law | 1. Whether the Fifth Circuit failed to ensure meaningful federal judicial review of a substantial Sixth Amendment claim. 2. Whether the Fifth Circuit… |
| 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… |
| 19-8099 | Brandon Perry Smith v. Utah | Utah | 2020-03-25 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment heightened-clarity miranda-rights sixth-amendment state-courts suspect-comprehension waiver-standard | Have the Utah courts adopted a rule of law which, in applying the "heightened clarity" standard as expanded by Berghuis v. Thompkins, 560 U.S. 370 (20… |
| 19-8090 | Joseph Weldon Smith v. Nevada | Nevada | 2020-03-24 | Denied | IFP | aggravating-factors capital-punishment constitutional-rights death-penalty due-process jury-instructions mitigating-circumstances sixth-amendment | Did the Nevada Supreme Court violate Mr. Smith's constitutional rights by making the outweighing requirement an afterthought for the jury, used only t… |
| 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… |
| 19-8062 | Troy Anthony LeBouef v. Darrel Vannoy, Warden | Fifth Circuit | 2020-03-23 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-amendments criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict | Was LeBouef entitled to a unanimous jury verdict under the Fifth, Sixth and Fourteenth Amendments to the United States Constitution? |
| 19-8078 | Brandon L. Banks v. Illinois | Illinois | 2020-03-23 | Denied | IFP | civil-rights constitutional-safeguards counsel due-process equal-protection fair-trial fifth-amendment impartial-jury sixth-amendment | Was Petitioner denied Due Process of law for trial by an impartial jury and for equal protection of the law when the Appellate Court applied an unreas… |
| 19-8081 | Juan Isaac Flores v. California | California | 2020-03-23 | Denied | Response WaivedIFP | benefits constitutional-rights counsel-performance effective-counsel ineffective-assistance plea-agreement sentencing sixth-amendment | (1) Was my Sixth Amendment right to effective counsel violated by Attorney Kovtun s ineffectiveness(2) Is the process that preceded the May 3, 2018 pl… |
| 19-8082 | Altius Willix v. United States | Eleventh Circuit | 2020-03-23 | Denied | Response WaivedIFP | concurrent-sentence concurrent-sentence-doctrine criminal-procedure double-jeopardy duplicitous-indictment fifth-amendment multiplicious-charges sixth-amendment structural-error | Is an indictment considered duplicitous or multiplicious when it charges 2 counts occurring out of the same sequence or events that led to one episode… |
| 19-1159 | Michael Bouchard v. United States | Second Circuit | 2020-03-23 | Denied | Response Waived | 6th-amendment brady-giglio-jencks brady-violation certificate-of-appealability criminal-procedure due-process effective-assistance-of-counsel ex-post-facto false-statements false-statements-statute ineffective-assistance ineffective-assistance-of-counsel mortgage-lending retroactivity sixth-amendment | I. Under the "false statements statute", 18 U.S.C. §1014, it is a crime to knowingly make "any false statement or report ... for the purpose of influe… |
| 19-8051 | Jack Benjamin Hessiani v. United States | Ninth Circuit | 2020-03-20 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment grand-jury indictment indictment-defect jurisdictional-challenge mens-rea sixth-amendment | 1. The Circuits are divided over whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential element… |
| 19-8022 | Clarence Wayne Dixon v. David Shinn, Director, Arizona Department of Corrections, et al. | Ninth Circuit | 2020-03-19 | Denied | IFP | burden-of-proof chapman-v-california deck-v-missouri due-process habeas-corpus ineffective-assistance reasonable-doubt shackling shackling-error sixth-amendment | 1. When a trial court unjustifiably orders a defendant shackled throughout trial contrary to the rule in Deck v. Missouri, is it the defendant who bea… |
| 19-8040 | Jerry Meas v. Osvaldo Vidal, Superintendent, Souza-Baranowski Correctional Center, et al. | First Circuit | 2020-03-19 | Denied | Response WaivedIFP | certificate-of-appealability confrontation confrontation-clause credibility criminal-procedure cross-examination due-process evidence habeas-corpus judicial-discretion sixth-amendment sixth-amendment-confrontation witness-credibility | 1. Whether it is permissible under a criminal defendant's Sixth Amendment right of confrontation for a trial judge to curtail materially relevant cros… |
| 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… |
| 19-8009 | Hooman Ashkan Panah v. Ron Broomfield, Acting Warden | Ninth Circuit | 2020-03-17 | Denied | Amici (1)IFP | civil-rights criminal-procedure death-penalty due-process evidence-review habeas-corpus ineffective-assistance-of-counsel judicial-procedure juror-contact juror-misconduct remmer sixth-amendment third-party-influence | Question 1: During deliberations, a juror contacted her preacher, who gave her an eye-for-an-eye Biblical passage, which made her "at peace" with voti… |
| 19-7994 | David Armondo Butler v. Florida | Florida | 2020-03-16 | Denied | Response WaivedIFP | adversarial-conflict Confrontation-Clause criminal-procedure Due-Process effective-assistance-of-counsel evidence-preservation Evidentiary-Issues Fourteenth-Amendment ineffective-assistance prior-acts-of-violence prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-counsel strategic-decision video-footage | Did court-appointed counsel deprive Petitioner of the Sixth Amendment guarantee obtain the video footage were being made create an adversarial conflic… |
| 19-7954 | Steven M. Leonhart v. Tim Shoop, Warden | Sixth Circuit | 2020-03-11 | Denied | IFP | competent-counsel constitutional-rights counsel-performance criminal-procedure due-process effective-counsel ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining sixth-amendment strategic-benefit | Is defense counsel who makes a plea bargain that fails to give his client a substantial strategic benefit acting as competent and effective counsel as… |
| 19-7920 | Iverylee Arashella Johnson v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2020-03-10 | Denied | IFP | confrontation-clause constitutional-violation due-process fifth-amendment sixth-amendment strickland-standard strickland-v-washington unreasonable-application unsworn-testimony | Was Johnson's due process and Sixth Amendment confrontation clause protections violated by allowing Powell's unsworn testimony to be presented to the … |
| 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 … |
| 19-7932 | Enrique Auch v. Massachusetts | Massachusetts | 2020-03-10 | Denied | IFP | confrontation-clause criminal-procedure cross-examination evidence-law feigning memory-loss out-of-court-statements sixth-amendment testimonial-statements witness-testimony | Whether the Confrontation Clause permits the prosecution to introduce out-of-court testimonial statements from a witness who is feigning memory loss a… |
| 19-7939 | Robert James Pope, Jr. v. Wisconsin | Wisconsin | 2020-03-10 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | appeal appellate-rights constitutional-right constitutional-rights criminal-procedure effective-assistance-of-counsel forfeiture ineffective-assistance-of-counsel presumption-of-prejudice pro-se pro-se-appeal right-to-appeal sixth-amendment trial-counsel | Where trial counsel's ineffectiveness in failing to initiate an appeal results in a defendant's loss of appellate rights, can the constitutional right… |
| 19-7946 | Dirk Greineder v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk | First Circuit | 2020-03-10 | Denied | Response WaivedIFP | confrontation-clause dna-evidence dna-testing expert-testimony laboratory-analysis scientific-evidence sixth-amendment substitute-analyst substitute-analysts targeted-accusation | Does the Confrontation Clause prohibit an expert prosecution witness from testifying at a jury trial to the results of DNA tests comparing the petitio… |
| 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, … |
| 19-7830 | Pablo Antonio Pantaleon-Aviles v. United States | Eleventh Circuit | 2020-03-09 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure deportation deportation-warrant evidence illegal-reentry immigration immigration-law sixth-amendment | Whether a warrant of deportation admitted to prove an essential element of the offense of illegal reentry is subject to confrontation under the Sixth … |
| 19-1100 | Leroy D. Cropper v. Arizona | Arizona | 2020-03-09 | Denied | Amici (2) | capital-punishment death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions parole-eligibility parole-ineligibility simmons-v-south-carolina sixth-amendment | Whether a death sentence may be carried out when defense counsel unreasonably fails to inform the jury of parole ineligibility under Simmons v. South … |
| 19-7858 | Todd Darrell Ballard v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. | Third Circuit | 2020-03-04 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment constitutional-rights due-process fourteenth-amendment ineffective-assistance-of-counsel post-conviction-relief post-sentencing procedural-rights sixth-amendment statutory-interpretation substantive-rights waiver waiver-doctrine | Whether the Act of the General Assembly [42 Pa.C.S. § 9543 and 9544] is in violation of Appellant's substantive and procedural rights; and whether sai… |
| 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… |
| 19-7819 | Shamsuddin Dost v. United States | Ninth Circuit | 2020-02-28 | Denied | Response WaivedIFP | anonymous-testimony confrontation-clause constitutional-rights criminal-procedure criminal-trial due-process fair-trial sixth-amendment undercover-agents | Is it a violation of the Sixth Amendment to U.S. Constitution, which affords an accused the right to confront his or her accusers, for a court to allo… |
| 19-7823 | Seth A. Weaver v. Illinois | Illinois | 2020-02-28 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment conviction due-process guilty-plea illinois-law ineffective-assistance ineffective-assistance-of-counsel plea-bargaining post-conviction-petition sixth-amendment unknowing-and-involuntary-plea | 1. Does Illinois ignorance of the law theory as applied to successive post-conviction petitioners deny them relief from constitutionally unsound guil… |
| 19-1065 | Teresa Ann Johnson v. Alaska | Alaska | 2020-02-28 | Denied | Response RequestedResponse WaivedRelisted (2) | confrontation-clause criminal-procedure expert-testimony forensic-evidence lab-report sixth-amendment surrogate-expert testimonial-evidence | 1. Whether the Confrontation Clause prohibits the prosecution from introducing into evidence at trial a certified lab report reflecting statements of … |
| 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 … |
| 19-7794 | Jeremy Shane Fogleman v. Mississippi | Mississippi | 2020-02-27 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof civil-rights constitutional-rights criminal-procedure due-process fourteenth-amendment sentencing sentencing-enhancement sixth-amendment | 1) Does the SUPREME COURT of the STATE of MISSISSIPPI'S DECISION REVERSING the COURT Of APPEALS of the STATE Of MISSISSIPPI'S, 9-0 UNANIMOUS DECISION … |
| 19-7795 | Robert Alan Foster v. Willis Chapman, Warden | Sixth Circuit | 2020-02-27 | Denied | Response WaivedIFP | civil-rights discovery-violation due-process equal-protection fair-trial first-amendment free-speech ineffective-assistance jury-instruction prosecutorial-misconduct racial-discrimination school-desegregation sixth-amendment standing voting-rights | Question not identified. |
| 19-7802 | Fernando Ramirez Noria v. United States | Fifth Circuit | 2020-02-27 | Denied | Response WaivedIFP | alienage confrontation-clause crawford-precedent crawford-v-washington essential-element federal-rules-of-evidence Hearsay non-testifying-agents sixth-amendment | Did the admission of the non-testifying agents' reports of their interviews of the defendant to prove alienage, an essential element of the offense, v… |
| 19-7773 | James Curtis Denton v. United States | Fourth Circuit | 2020-02-26 | Denied | Response WaivedIFP | affidavits business-records confrontation-clause criminal-procedure due-process evidence evidence-admission hearsay-exception sixth-amendment | Whether the introduction of unconfronted affidavits establishing the foundation for admission of business records violates the Confrontation Clause of… |
| 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… |
| 19-1060 | 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… |
| 19-7761 | Jose Osvaldo Arteaga v. Ken Clark, Warden | Ninth Circuit | 2020-02-25 | Denied | Response WaivedIFP | alibi-defense certificate-of-appealability constitutional-rights fourteenth-amendment habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel misidentification sixth-amendment | This non-capital habeas case arises from petitioner-appellant Jose Osvaldo Arteaga's 2003 California state conviction fo r an attempted murder that to… |
| 19-7743 | Robert Paul Langley, Jr. v. Oregon | Oregon | 2020-02-24 | Denied | 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. |
| 19-7747 | Christopher Robert Sueiro v. United States | Fourth Circuit | 2020-02-24 | Denied | Response WaivedIFP | 28-usc-1291 appellate-jurisdiction collateral-order-doctrine criminal-procedure due-process final-judgment interlocutory-appeal self-representation sixth-amendment | 1. Whether, under 28 U.S.C. § 1291 and the collateral order doctrine, a criminal defendant may appeal an interlocutory order denying the defendant's r… |
| 19-1045 | Raminder Kaur v. Maryland | Maryland | 2020-02-24 | Denied | Response RequestedResponse WaivedRelisted (3) | attorney-client-privilege constitutional-rights criminal-defendant criminal-procedure defense-counsel privileged-communications prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-counsel work-product work-product-doctrine | Whether the Sixth Amendment prohibits trial of a criminal defendant by prosecutors with extensive knowledge of both her privileged communications with… |
| 19-1052 | Andre G. Dewberry v. United States | Eighth Circuit | 2020-02-24 | Denied | appeal appellate-review criminal-procedure guilty-plea self-representation sixth-amendment waiver | Whether a guilty plea waives a challenge on appeal to the denial of a defendant's Sixth Amendment right to represent himself. | |
| 19-7734 | Andre Dennis v. Steven Johnson, Administrator, New Jersey State Prison, et al. | Third Circuit | 2020-02-21 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel interrogation miranda-rights sixth-amendment suppression-of-evidence | Did counsel render ineffective assistance by failing to seek suppression of Mr. Dennis' statements to police because he was not re-Mirandized followin… |
| 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… |
| 19-7725 | William Desmond Conrad v. United States | Eighth Circuit | 2020-02-20 | Denied | Response WaivedIFP | aedpa alleyne assistance-of-counsel attorney-negligence constitutional-rights constitutional-violation descamps habeas-corpus ineffective-assistance precedent pro-se pro-se-rights sixth-amendment | 1. Is the neglect or negligence committed by an Attorney a violation of the Constitution's Sixth Amendment's requirement of assistance of counsel ? . … |
| 19-7712 | Luis Ray Jaramillo, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2020-02-20 | Denied | IFP | appeal appellate-counsel competence due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargain probation probation-revocation prosecutorial-misconduct sixth-amendment trial-counsel | 1. Where Petitioner's state-trial court counsel did not pursue Petitioner's wishes, commands, and orders to file a second-perfected-appeal after Petit… |
| 19-7668 | Darlene Kay Herran v. Indiana | Indiana | 2020-02-14 | Denied | IFP | 6th-amendment 6th-amendment-rights appellate-procedure civil-procedure due-process home-detention indigent-client indigent-rights pro-bono-counsel sixth-amendment standing transcript-costs | 1) Did the Indiana Court of Appeals err by ruling that when a trial court states that pro-bono counsel may be charged for costs of a transcript for an… |
| 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 … |
| 19-7680 | Samuel Howard v. Nevada | Nevada | 2020-02-14 | Denied | IFP | appellate-review capital-punishment constitutional-law criminal-procedure death-penalty death-penalty-sentencing due-process hurst-v-florida judicial-precedent retroactivity sentencing sentencing-procedure sixth-amendment | 1. Whether appellate reweighing is constitutional after Hurst v. Florida, 136 S. Ct. 616 (2016). 2. Whether Hurst is retroactive. |
| 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… |
| 19-7649 | Socorro Susan Caro v. California | California | 2020-02-12 | Denied | IFP | aggravating-circumstances constitutional-rights criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding jury-trial mitigating-circumstances reasonable-doubt sentencing sixth-amendment | Does California's death penalty scheme, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt (1) th… |
| 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… |
| 19-7636 | Gerald W. Eiland v. United States | District of Columbia | 2020-02-11 | Denied | Response WaivedIFP | 6th-amendment auto-shop-business certificate-of-appealability effective-assistance-counsel expert-testimony franks-challenge ineffective-assistance-of-counsel informant pen-register section-2255 sixth-amendment wiretap-challenge wiretaps | 1. Did the district court abuse its discretion in denying Eiland's motion Pursuant to 28 USC Section 2255 without a hearing? 2. Was Eiland denied eff… |
| 19-7638 | Rodrigo Cruz Perez v. United States | Fourth Circuit | 2020-02-11 | Denied | Response WaivedIFP | acceptance-of-responsibility circuit-split constitutional-rights criminal-procedure criminal-sentencing fifth-amendment sentencing-guidelines sixth-amendment split-among-circuits | Under the U.S. Sentencing Guidelines, a defendant who accepts responsibility for an offense receives a two-point reduction on the offense level. U.S.S… |
| 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… |
| 19-7621 | 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… |
| 19-7590 | David K. Howell v. Shawn Hatton, Warden | Ninth Circuit | 2020-02-07 | Denied | Response WaivedIFP | certificate-of-appealability closing-argument criminal-procedure due-process expert-testimony habeas habeas-corpus ineffective-assistance-of-counsel intoxication methamphetamine methamphetamine-intoxication sixth-amendment | This Court has repeatedly held that to receive a certificate of appealability ("COA"), a habeas petitioner need only show that "'jurists of reason cou… |
| 19-992 | Greg Skipper, Warden v. Curtis Jerome Byrd | Sixth Circuit | 2020-02-07 | Denied | Amici (1) | constitutional-rights criminal-procedure effective-assistance-of-counsel fair-trial hypothetical-plea-offer lafler-v-cooper plea-bargaining sixth-amendment trial-rights | Does the Sixth Amendment right to effective assistance of counsel include the right to a plea offer that was never made? |
| 19-981 | Todd A. English v. Sonny Perdue, Secretary of Agriculture | Fifth Circuit | 2020-02-05 | Denied | Response Waived | adea civil-procedure civil-rights constitutional-rights due-process sixth-amendment standing title-vii | I. Did the Court(s) err in its discretion in applying the standard for "plausible cause for relief," as it relates to dismissing a claim during pretri… |
| 19-7551 | Donald Arthur Herrington v. Virginia | Virginia | 2020-02-05 | Denied | Response WaivedIFP | 1st-Amendment case-management case-management-system civil-rights collateral-estoppel constitutional-rights due-process first-amendment fourteenth-amendment free-speech public-trial separation-of-powers sixth-amendment | 1. "Was Petitioner 's conviction a result of a procedure, §17.1-293.1 that violates 1st Amendment U.S. Constitutional Civil Rights to access correct … |
| 19-7545 | Willie Palmer v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2020-02-04 | Denied | Response WaivedIFP | 6th-amendment abandonment effective-assistance-of-counsel evidentiary-hearing ineffective-assistance jury-instruction jury-instructions postconviction-relief rule-3.850 sixth-amendment unreasonable-determination-of-facts | 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… |
| 19-7526 | Gregorio Segura-Resendiz v. United States | Fifth Circuit | 2020-02-03 | Denied | Response WaivedIFP | case-law constitutional-law court-of-appeals criminal-law criminal-procedure due-process judicial-review legal-precedent overrule precedent sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 19-7530 | Orando Ricardo Thompson v. Florida | Florida | 2020-02-03 | Denied | Response WaivedIFP | due-process fairness fundamental-unfairness ineffective-assistance ineffective-assistance-of-counsel legal-precedent outcome prejudice sixth-amendment strickland-standard strickland-v-washington trial-review | 1. Whether Strickland v. Washington, 466 U.S. 668 (1984), and its progeny which establishes review of claims of ineffective assistance of counsel, ade… |
| 19-967 | Craig M. Wood v. Missouri | Missouri | 2020-02-03 | Denied | Relisted (2) | capital-punishment capital-sentencing constitutional-rights death-penalty due-process eighth-amendment jury-determination jury-trial sentencing sixth-amendment | Whether the Constitution requires that a jury, rather than a judge, weigh the aggravating and mitigating circumstances to determine whether a defendan… |
| 19-7500 | William Sim Spencer v. Michigan | Michigan | 2020-01-31 | Denied | IFP | constitutional-protections criminal-procedure due-process finality-rule fourteenth-amendment ineffective-assistance-of-counsel sex-offender-registration sixth-amendment | DOES THE OMISSION OF AN EXCEPTION TO THE FINALITY RULE IN MICHIGAN'S SEX OFFENDER REGISTRATION ACT ("SORA") ALLOW THE PROSECUTION TO BUILD ITS CASE AG… |
| 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… |
| 19-948 | Gene Rechtzigel v. Minnesota | Minnesota | 2020-01-29 | Denied | civil-rights due-process eighth-amendment fifth-amendment first-amendment fourth-amendment government-action petition-clause sixth-amendment standing | I. Did the Government deprive Petitioner the First Amendment Right "to petition the Government for a redress of grievances?" II. Did the Government d… | |
| 19-7473 | Milon Jarr Brown v. Michigan | Michigan | 2020-01-29 | Denied | IFP | civil-rights confrontation-clause constitutional-rights discretion due-process expert-testimony fifth-amendment hearsay judicial-bias photographic-evidence prosecutorial-misconduct self-incrimination sixth-amendment | WAS THE PETITIONER DENIED AN OPPORTUNITY TO PRESENT A COMPLETE DEFENSE WHEN A WITNESS FROM THE DEFENSE INVOKED A SPECIOUS FIFTH AMENDMENT CLAIM AGAINS… |
| 19-7480 | David Paul Lynch v. United States | Eleventh Circuit | 2020-01-29 | Denied | Response WaivedIFP | appellate-review constitutional-error eleventh-circuit harmless-error hearsay hearsay-statements jury-trial precedent sixth-amendment weight-of-evidence | 1. Did the Eleventh Circuit violate this Court's precedent on harmless error when it focused its harmless error analysis solely on the weight of the u… |
| 19-7487 | Jonathan Blades v. United States | District of Columbia | 2020-01-29 | Denied | Amici (3)IFP | courtroom-access courtroom-proceedings due-process fair-trial public-trial right-to-public-trial sixth-amendment standing trial-transparency voir-dire white-noise | Does barring members of the public from hearing trial proceedings, without any special justification or findings, violate the right to a public trial … |
| 19-7488 | Donnie Cleveland Lance v. Benjamin Ford, Warden | Georgia | 2020-01-29 | Denied | IFP | capital-punishment constitutional-rights criminal-procedure death-penalty due-process equal-protection fourteenth-amendment grand-jury grand-jury-selection habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment | Was petitioner denied his rights under the Sixth, Eighth, and Fourteenth Amendments when he was sentenced to death following his indictment by a non-r… |
| 19-7426 | Joseph Njonge v. Margaret Gilbert, Superintendent | Ninth Circuit | 2020-01-28 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | courtroom-closure prejudice public-trial public-trial-right sixth-amendment trial-procedure triviality-exception voir-dire waller-v-georgia | Whether the "triviality exception" to the Sixth Amendment public-trial right comports with Waller v. Georgia, 467 U.S. 39 (1984), which provides the s… |
| 19-7428 | Timothy O'Laughlin v. United States | Eighth Circuit | 2020-01-28 | Denied | Response WaivedIFP | bureau-of-prisons civil-commitment civil-rights civil-rights-deprivation due-process personal-liberty pro-se pro-se-litigation pro-se-petition sixth-amendment standing standing-to-file | Whether 18 U.S.C. § 4247(h) unconstitutionally and illegally deprives individuals of the right to litigate their personal liberty interests pro se, un… |
| 19-7429 | Louis Mitchell, Jr. v. California | California | 2020-01-28 | Denied | IFP | 14th-amendment 5th-amendment 6th-amendment aggravating-circumstances aggravating-mitigating-circumstances constitutional-rights death-penalty fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-determination jury-trial mitigating-circumstances reasonable-doubt sixth-amendment | Does the mandatory weighing of aggravating and mitigating circumstances under the California death penalty statute—a factfinding determination that se… |
| 19-7457 | Rogelio Villarreal-Estebis v. United States | Fifth Circuit | 2020-01-28 | Denied | Response WaivedIFP | complete-defense criminal-conviction criminal-procedure drug-trafficking evidence-exclusion federal-rule-of-evidence-403 right-to-defense rule-403 sixth-amendment sixth-amendment-rights vehicle-ownership | Whether the Fifth Circuit's decision to affirm the trial court's refusal to admit the evidence was contrary to, or involved an unreasonable applicatio… |
| 19-7435 | In Re Robert N. Brooks | 2020-01-27 | Denied | Response WaivedIFP | due-process due-process-clause fdic-insured fifth-amendment grand-jury grand-jury-clause indictment indictment-clause notice-clause sixth-amendment subject-matter-jurisdiction | Whether a manifest miscarriage of justice occurred on the face of Count One's conspiracy indictment to commit bank fraud in violation of the Grand Jur… | |
| 19-7442 | Andrew Lee Williams v. Texas | Texas | 2020-01-27 | Denied | IFP | confrontation confrontation-clause constitutional-vagueness criminal-procedure criminal-procedure-article-38.41 due-process fair-trial fourteenth-amendment indefiniteness sixth-amendment vagueness | 1. Whether the Texas Court of Criminal Appeals' recent holdings in ANDREW LEE WILLIAMS v. STATE, No. PD-1199-17 (Tx.Crim.App.- October 9, 2019), regar… |
| 19-7396 | Julio Mario Haro-Verdugo v. United States | Ninth Circuit | 2020-01-24 | Denied | Response WaivedIFP | cronic due-process fifth-amendment sixth-amendment strickland conflict-of-interest criminal-procedure due-process federal-law fifth-amendment habeas habeas-corpus ineffective-assistance sixth-amendment strickland-standard | Whether the District Court and the U.S. Court of Appeals for the Ninth Circuit's rejection of Petitioner's ineffective assistance of counsel claim(s) … |
| 19-7407 | Paula Bennett v. Shawn Brewer, Warden | Sixth Circuit | 2020-01-24 | Denied | Response WaivedIFP | closeness-of-case constitutional-deficiency criminal-procedure-ineffective-assistance-of-couns cumulative-errors cumulative-prejudice ineffective-assistance prejudice prejudice-analysis reasonable-likelihood sixth-amendment strickland strickland-standard strickland-v-washington sufficiency-of-evidence sufficiency-of-the-evidence trial-counsel | 1. Whether, under Strickland, a court may conduct a prejudice analysis that focuses solely on the sufficiency of the evidence presented, or must it in… |
| 19-7416 | James P. Griffin v. United States | Second Circuit | 2020-01-24 | Denied | Response WaivedIFP | abuse-of-discretion calculation-error civil-procedure continuance criminal-procedure due-process fifth-amendment financial-penalties forfeiture medical-hardship medical-issues restitution restitution-calculation sentencing sixth-amendment trial-continuance trial-court trial-court-discretion Whether the amount of restitution and forfeiture w | I. Whether the trial court abused its discretion in arbitrarily denying a continuance of trial requested due to Petitioner's documented medical proble… |
| 19-7417 | Corey Michael Edwards v. United States | Fourth Circuit | 2020-01-24 | Denied | Response WaivedIFP | armed-career-criminal-act breaking-and-entering constitutional-challenge criminal-history effective-counsel predicate-offense predicate-offenses prior-convictions sentencing-enhancement sixth-amendment statutory-interpretation | Can a the breaking and entering of outbouildings (ie. storage Sheds), that were visably and actually padlocked from the outside, where no reasonable p… |
| 19-7390 | Marshall Henry Ellis v. Oklahoma | Oklahoma | 2020-01-23 | Denied | IFP | constitutional-rights criminal-procedure due-process evidence exculpatory-material fifth-amendment lesser-included-offense newly-discovered-evidence procedural-bar sentencing sixth-amendment | 1. Is a defendant serving Life for Murder I entitled to newly discovered exculpatory material when that material would make it more likely that the … |
| 19-7355 | Herman L. Gaines v. Steven Johnson, Administrator, New Jersey State Prison, et al. | Third Circuit | 2020-01-22 | Denied | IFP | civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-collusion judicial-misconduct post-conviction-relief sixth-amendment strickland-v-washington | Question not identified. |
| 19-7367 | Adalberto Magana-Gonzalez v. United States | Ninth Circuit | 2020-01-22 | Denied | Response WaivedIFP | border-patrol confrontation-clause drug-smuggling expert-testimony hearsay prejudicial-error sixth-amendment witness-testimony | Whether the district court committed prejudicial error under the Sixth Amendment when it permitted a DEA agent to tell the jury what a Border Patrol a… |
| 19-7375 | Joaquin Mario Valencia-Trujillo v. United States | Eleventh Circuit | 2020-01-22 | Denied | Response WaivedIFP | circuit-split criminal-procedure ineffective-assistance-of-counsel sixth-amendment strickland-v-washington circuit-split constitutional-law contemporary-assessment criminal-defense ineffective-assistance ineffective-assistance-of-counsel legal-foreseeability sixth-amendment strickland-standard strickland-v-washington | 1. Whether, Despite Strickland's Contemporary Assessment Rule, Strickland's Test For Determining Whether A Criminal Defendant's Counsel Was Ineffectiv… |
| 19-7376 | Alice C. Trappler v. New York | New York | 2020-01-22 | Denied | Response WaivedIFP | burden-of-proof confrontation-clause conspiracy criminal-defendant criminal-procedure due-process forfeiture hearsay hearsay-exception legal-insufficiency sixth-amendment waiver | 1. Upon trial counsel's failure to move to dismiss on legal insufficiency grounds at trail, is the uninformed automatic waiver and silently imposed pe… |
| 19-7379 | Lee Samuel Capers v. California | California | 2020-01-22 | Denied | IFP | constitutional-requirement criminal-procedure criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding jury-trial reasonable-doubt sentencing sixth-amendment statutory-maximum | Does California's death penalty scheme violate the requirement under the Fifth, Sixth and Fourteenth Amendments that every fact other than a prior con… |
| 19-7336 | Francisco Pena, Jr. v. United States | Fifth Circuit | 2020-01-17 | Denied | Response WaivedIFP | criminal-procedure due-process federal-courts federal-judge fifth-amendment judicial-discretion preponderance-of-evidence preponderance-of-the-evidence sentencing sixth-amendment uncharged-conduct | imposing a sentence, based on a defendant's uncharged conduct found by the judge by a preponderance of the evidence, higher than the sentence the judg… |
| 19-7303 | Michael W. Smith v. Illinois | Illinois | 2020-01-16 | Denied | IFP | civil-commitment civil-rights constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel mental-competency plea-agreement plea-bargaining sexually-violent-person sixth-amendment | Does the Petitioner have a Legal right by the U.S. Constitution and the Illinois Constitution, State law to be admonished about indefinite involuntary… |
| 19-7316 | Shawn R. Bough v. Kenneth D. Hutchison, Warden | Sixth Circuit | 2020-01-16 | Denied | Response WaivedIFP | actual-innocence corroborating-evidence due-process gateway-evidence precedent reasonable-juror self-preservation sixth-amendment timeliness | I. Does the Sixth Circuit's failure to analyze the claim in consideration of the overwhelming corroborating innocence proof in Mr. Bough's case, in co… |
| 19-7324 | Lonnie Greer, Jr. v. United States | Sixth Circuit | 2020-01-16 | Denied | Response WaivedIFP | armed-career-criminal-act categorical-approach criminal-procedure different-occasions generic-burglary recklessness sentencing sentencing-enhancement sentencing-judge sixth-amendment sixth-circuit sixth-circuit-precedent statutory-interpretation | 1) Whether Sixth Circuit precedent that counts Tennessee aggravated burglary as "generic burglary" for purposes of the Armed Career Criminal Act is in… |
| 19-882 | Shannon Dale Dukes v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2020-01-16 | Denied | Response Waived | certificate-of-appealability constitutional-claim fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offenses punishment-exposure sixth-amendment | I. Whether petitioner's trial counsel was ineffective at the guilt-innocence stage, in violation of the Sixth Amendment, in failing to request jury in… |
| 19-874 | William Alan Pesnell, et al. v. Jill Sessions, et al. | Louisiana | 2020-01-15 | Denied | Response RequestedResponse WaivedRelisted (2) | constitutional-access criminal-procedure due-process fifth-amendment first-amendment fourteenth-amendment fundamental-rights public-access public-records sixth-amendment trial-recording | 1. Whether La. R.S. 44:4(47) and the local rule of the 26th Judicial District Court in and for Bossier Parish can bar public access to the digital rec… |
| 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… |
| 19-7272 | Kenyatta Quinn Mitchell v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation, et al. | Ninth Circuit | 2020-01-15 | Denied | Response WaivedIFP | 6th-amendment compulsory-process constitutional-law constitutional-rights criminal-conviction criminal-procedure due-process evidentiary-hearing fair-trial reasonable-doubt sixth-amendment trial-fairness | 1. Did the petitioner receive Constitutional effective assistance of trial Court counsel at trial Court answers? YES Appellant answers: NO 2. Did the… |
| 19-7277 | Dora Moreira v. United States | Eleventh Circuit | 2020-01-15 | Denied | Response WaivedIFP | certificate-of-appealability due-process eighth-amendment excessive-fine ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct question-not-identified section-2255 sixth-amendment | 1-) IN A DEPARTURE FROM THE DUE PROCESS REQUIREMENT OF THE FIFTH AMENDMENT AND THE COMPULSORY PROCESS PROTECTION OF THE SIX AMENDMENT, 'DID THE UNITED… |
| 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… |
| 19-7290 | Tamarkqua Garland v. New York | New York | 2020-01-15 | Denied | Response WaivedIFP | civil-rights coerced-confession constitutional-rights criminal-procedure due-process fifth-amendment ineffective-assistance-of-counsel ineffective-counsel prosecutorial-misconduct sixth-amendment speedy-trial | 1. Defendant challenge and "impugned the integrity," of the denial of his CPL § 30.30 speedy trial consitutional rights, which includes 409 days in ex… |
| 19-7299 | John Joseph Barrera v. Noah Nagy, Warden | Sixth Circuit | 2020-01-15 | Denied | Response WaivedIFP | criminal-procedure due-process false-information fourteenth-amendment habeas habeas-corpus sentencing sentencing-accuracy sixth-amendment townsend-v-burke | WHERE A STATE CRIMINAL DEFENDANT HAS BEEN SENTENCED ON THE BASIS OF INACCURATE/FALSE INFORMATION USED BY THE SENTENCER TO INCREASE HIS PUNISHMENT, FOL… |
| 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… |
| 19-7275 | Cecil Boyett v. New Mexico | New Mexico | 2020-01-14 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights criminal-procedure defense-rights discovery-rules due-process exculpatory-evidence expert-witness fourteenth-amendment habeas-corpus judicial-discretion prosecutorial-misconduct sixth-amendment state-court state-prosecution | xnHbthet l PeTiTfotjGk Bol^btt S CoHsjimTONAL PH&hts \siezjg v/W)7£-o /3y THE tHiHteeht H Judicial b<37&CT Cjduat orN&n./Dexivd und&l the Dub Proces… |
| 19-7254 | John Garrett Smith v. Washington | Washington | 2020-01-13 | Dismissed | IFP | criminal-procedure due-process fifth-amendment grand-jury indictment jury-trial martial-law military-justice sixth-amendment | (1) Is it lawfully permissible for a State to knowingly breach three core Amendment V of the U.S. Constitution (ratified 12.15.1791) provisions by ind… |
| 19-7259 | John Afriyie v. United States | Second Circuit | 2020-01-13 | Denied | Response WaivedIFP | apprendi-rule apprendi-v-new-jersey criminal-forfeiture due-process insider-trading jury-trial libretti-v-united-states sixth-amendment | In this insider trading case, the court of appeals affirmed a sweeping criminal forfeiture judgment encompassing all potential trades combined in a si… |
| 19-7265 | Joseph Totoro, II v. United States | Third Circuit | 2020-01-13 | Denied | Response WaivedIFP | criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining rule-11 scienter scienter-requirement sixth-amendment sixth-amendment-access-to-courts speedy-trial | 1. Did the Court, the United States Attorney, and the former attorneys violate DQJ policy and Due Process by allowing him to give up all his rights, … |
| 19-7242 | Bryan Whitehead v. United States | Eleventh Circuit | 2020-01-10 | Denied | Response WaivedIFP | 18-usc-924c 5th-amendment conviction conviction-and-sentence crime-of-violence due-process fifth-amendment jury-determination residual-clause sentence sixth-amendment statutory-interpretation united-states-v-davis | I. Whether the Petitioner was denied his Fifth Amendment right to due process of law by virtue of his conviction and sentence under the residual claus… |
| 19-7243 | Joshua Wolf v. Cindy Griffith, Warden | Eighth Circuit | 2020-01-10 | Denied | Response WaivedIFP | certificate-of-appealability constitutional-rights criminal-procedure eighth-amendment equal-protection fourteenth-amendment juvenile-offenders mandatory-life-without-parole mandatory-sentencing resentencing sentencing-procedures sixth-amendment | Joshua Wolf has been serving an unconstitutional sentence since he was sentenced to mandatory life without parole for a homicide offense committed whe… |
| 19-7245 | Darren Lavald Bowie v. United States | Fifth Circuit | 2020-01-10 | Denied | Response WaivedIFP | collateral-relief constitutional-waiver habeas-corpus ineffective-assistance plea-agreement sixth-amendment unknowing-waiver waiver | 1. Does a Plea Agreement which waives challenges to collateral relief forbid challenges to ineffective assistance in proceedings following the entry o… |
| 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… |
| 19-7232 | Francisco Argenis Parra v. Joe A. Lizarraga, Warden | Ninth Circuit | 2020-01-09 | Denied | IFP | accomplice-statements-corroboration alibi-instruction bruton-v-united-states co-defendant-statements confrontation-clause due-process ineffective-assistance jury-instructions lesser-included-offenses self-defense sixth-amendment supplemental-credibility-instruction | I. Did Trial Counsel Render Ineffective Assistance by Failing to Request an Adequate Supplemental Credibility Instruction? II. Did Trial Counsel Rend… |
| 19-7236 | John Joseph DeBlase v. Alabama | Alabama | 2020-01-09 | Denied | IFP | capital-case codefendant confrontation-clause constitutional-rights due-process jury-unanimity sixth-amendment waiver | 1. Do the Sixth Amendment and the Due Process Clause permit, in a capital case, the admission of statements of a nontestifying codefendant, acknowledg… |
| 19-7208 | Gbenga Benson Ogundele v. United States | Fourth Circuit | 2020-01-08 | Denied | Response WaivedIFP | chapman-standard confrontation-clause due-process evidence fair-trial federal-rule-of-evidence federal-rules-of-evidence government-evidence sixth-amendment | Whether voluminous amounts of substantive evidence containing prejudicial opinions of government agents held to be erroneously admitted under Federal … |
| 19-7215 | Jerry Jabbari Rhodes v. United States | Fourth Circuit | 2020-01-08 | Denied | IFP | acquittal constitutional-rights criminal-procedure double-jeopardy due-process judicial-sentencing jury-trial sentencing sixth-amendment watts-decision | Is it reasonable and constitutional to sentence a defendant on facts for which a jury found the same defendant not guilty? |
| 19-7216 | Daniel A. Ramet v. Robert LeGrande, Warden, et al. | Ninth Circuit | 2020-01-08 | Denied | Response WaivedIFP | criminal-defense criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper legal-malpractice plea-bargaining sixth-amendment strickland-v-washington | If a defense attorney advises a client to reject a favorable plea offer based on a grave miscalculation about the viability of a legal defense, has th… |
| 19-7218 | Oscar Amezcua Cabrera v. California | California | 2020-01-08 | Denied | Response WaivedIFP | constitutional-principles crawford-precedent crawford-v-washington due-process dying-declaration-exception fifth-amendment fourteenth-amendment hearsay hearsay-exception hearsay-rule prosecutorial-misconduct sixth-amendment testimonial-hearsay | 1. In the context of the dying declaration exception of the hearsay rule, where that declaration is otherwise testimonial hearsay within the ambit of … |
| 19-7190 | Ernesto Benavides Jr. v. Texas | Texas | 2020-01-07 | Denied | IFP | appeal collateral-review criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel pretrial-motion right-to-appeal sixth-amendment suppression-of-evidence | 1. Have davied viaht +a moaninaful appeal of his mation to Suppress owidenck, under Dackson v. Denne 378 U8. 208 (1904), that oceuved prior trial ? 2… |
| 19-7194 | Juan Carlos Vazquez v. South Carolina | South Carolina | 2020-01-07 | Denied | Response WaivedIFP | constitutional-rights due-process fourteenth-amendment guilty-plea language-barrier sixth-amendment voluntary-plea | DOES THE EVIDENCE IN THE RECORD THAT PETITIONER DOES NOT UNDERSTAND ENGLISH PLAINLY SHOWS THAT ANY ADMISSION AT THE GUILTY PLEA HEARING COULD NOT RE… |
| 19-7175 | Curry Robinson v. Barry Smith, Superintendent, State Correctional Institution at Houtzdale, et al. | Third Circuit | 2020-01-06 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment alibi alibi-claim federal-review fourteenth-amendment ineffective-assistance procedural-bar sixth-amendment | I- WHETHER THE FEDERAL QUESTION OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL AS THETPEESERVED CLAIM OF AN ALIBI WAS VAGUE?AND/OR UNEXHAUSTED THEREBY P… |
| 19-7178 | Tracy Jarvis Allen v. United States | Fourth Circuit | 2020-01-06 | Denied | Response WaivedIFP | armed-career-criminal-act armed-robbery fourth-circuit fourth-circuit-precedent johnson-claim johnson-v-united-states robbery sentencing-enhancement sixth-amendment south-carolina standard-of-review | Whether oJL not the District Court erred in determining that Petitioner Allen's South Carolina Armed Robbery convictions are valid predicates under th… |
| 19-7183 | Malcolm William v. Pennsylvania | Pennsylvania | 2020-01-06 | Denied | Response WaivedIFP | causation criminal-procedure criminal-procedure-arrest-of-judgment due-process elements-of-crime evidence evidence-sufficiency hearsay insufficient-evidence malice motion-in-limine murder murder-charge new-trial sixth-amendment third-degree | 1. Whether Appellant should be awarded an arrest of judgement on the charge of Murder in the Third Degree, as *there is insufficient evidence to sust… |
| 19-845 | Charles Huggins v. United States | Second Circuit | 2020-01-06 | Denied | Response Waived | 28-usc-2255 brady-violation criminal-procedure due-process evidentiary-hearing ineffective-assistance insufficient-evidence perjury section-2255 sixth-amendment | 1. Whether Petitioner was deprived of due process by his continuing imprisonment who was convicted on insufficient evidence without being granted an e… |
| 19-7151 | Erick David Lopez v. United States | Ninth Circuit | 2020-01-03 | Denied | Response WaivedIFP | criminal-procedure criminal-trial due-process evidence evidence-admission fifth-amendment free-speech ninth-circuit prejudice rap-poem sixth-amendment | Whether the Ninth Circuit's sanctioning of the admission of a vile and obscenity-laced rap poem found inside the purse of a 16-year-old girl and not w… |
| 19-7168 | Tracy Eugene Johnson v. Illinois | Illinois | 2020-01-03 | Denied | IFP | burglary constitutional-rights Direct-appeal due-process effective-assistance-of-counsel Failure-to-prove-essential-elements-of-offense fourteenth-amendment Fourteenth-Amendment-due-process Post-trial-motion reasonable-doubt sixth-amendment Sixth-Amendment-right-to-effective-assistance-of-c | 1.) WHEATHER PETITIONER WAS DENIED HIS SIXTH AMENDMENT CONSTITUTIONAL RIGHT TO THE EFFECTIVE ASSISTANCE OF APPELLATE COUSEL FAILURE TO RAISE THE VALID… |
| 19-7155 | Russell DeFreitas v. Gregory A. Kizziah, Warden | Sixth Circuit | 2020-01-02 | Denied | Response WaivedIFP | abuse-of-discretion actual-innocence constitutional-rights double-jeopardy due-process habeas-corpus habeas-corpus-2241 ineffective-assistance ineffective-assistance-of-counsel sixth-amendment statutory-interpretation | First Question: Whether Sixth Circuit's precedent supersedes and adoption of district court's arbitrary abuse of authority, prohibits petitioner's 2… |
| 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… |
| 19-7120 | Gilbert Sanchez v. Texas | Texas | 2019-12-31 | Denied | IFP | apprendi-v-new-jersey blakely-v-washington criminal-appeals criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment habeas-corpus in-re-winship jury-trial right-to-trial-by-jury sixth-amendment texas-constitution | 1. Is the Fourteenth Amendment of the United States Constitution violated when the Texas Court of Criminal Appeals denies an Applicant habeas relief b… |
| 19-7133 | Angel Noel Guevara v. United States | Ninth Circuit | 2019-12-31 | Denied | Response WaivedIFP | brady-v-maryland cross-examination due-process expert-testimony eyewitness-identification eyewitness-testimony independent-evidence police-lineup rule-403 sixth-amendment sixth-amendment-right-to-present-defense | 1. Whether excluding expert testimony on eyewitness memory and police lineup procedures violates the Sixth Amendment right to present a defense, or co… |
| 19-7086 | Walter Daniel Prezioso v. United States | Ninth Circuit | 2019-12-30 | Denied | IFP | acquitted-conduct constitutional-rights criminal-procedure due-process fifth-amendment sentencing sixth-amendment | Whether reliance on acquitted conduct in imposing sentence violates the Fifth and Sixth Amendments? |
| 19-7089 | Jonathan Cruz-Ramirez v. United States | Ninth Circuit | 2019-12-30 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights criminal-procedure due-process evidence evidence-admission fifth-amendment first-amendment juvenile-evidence prejudice prejudicial-error sixth-amendment | Whether the Ninth Circuit's sanctioning of the admission of a vile and obscenity-laced rap poem found inside the purse of a 16-year-old girl and not w… |
| 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 … |
| 19-7098 | Antonio Shaw v. United States | Eighth Circuit | 2019-12-30 | Denied | Response WaivedIFP | constitutional-law constitutional-rights criminal-procedure defense-counsel due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel objective-standard sixth-amendment standard-of-review witness-testimony | (1) Whether defense Counsel's performance in failing to inform client of important witness against him fell below an objectively reasonable Standard o… |
| 19-7100 | Damon Jones v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. | Third Circuit | 2019-12-30 | Dismissed | Response WaivedIFP | burden-of-proof constitutional-presumption evidentiary-presumption fourteenth-amendment jury-instructions sixth-amendment specific-intent transferred-intent | In Jackson v. Virginia, 443 U.S. 307, 309 (1979), this Court held "(t]he Constitution prohibits the criminal conviction of any person except upon proo… |
| 19-7063 | Leeton Jahwanza Thomas v. Pennsylvania | Pennsylvania | 2019-12-26 | Denied | IFP | capital-punishment capital-sentencing death-penalty eighth-amendment fourteenth-amendment jury-trial reasonable-doubt sixth-amendment | Were Petitioner's rights under the Sixth, Eighth, and Fourteenth Amendments to the United States Constitution violated by a Pennsylvania statutory sch… |
| 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… |
| 19-7025 | Michael Feliciano v. George Miller, Superintendent, State Correctional Institution at Waymart, et al. | Third Circuit | 2019-12-20 | Denied | Response WaivedIFP | carrier due-process effective-assistance-of-counsel eyewitness eyewitness-testimony in-re-winship ineffective-assistance investigation jury-instructions reasonable-doubt sixth-amendment strickland strickland-standard | 1. Is the State court of last resort and U.S. Court of Appeals decision which denied petitioner's claim that he was deprived of his Sixth Amendment ri… |
| 19-795 | Paul D. Voorhees v. United States | Armed Forces | 2019-12-20 | Denied | conduct-unbecoming-an-officer criminal-prosecution criminal-statute due-process mens-rea military-justice negligence negligence-standard rehaif-v-united-states scienter sixth-amendment uniform-code-military-justice uniform-code-of-military-justice | Does this mens rea or scienter principle apply to criminal prosecutions under the Uniform Code of Military Justice, where the underlying statute at is… | |
| 19-6971 | Comfort Delando Roberts v. Texas | Texas | 2019-12-19 | Denied | Relisted (2)IFP | confrontation-clause due-process fair-trial fifth-amendment impartial-jury ineffective-assistance presumption-of-innocence sixth-amendment | THE "TOTALITY OF REPRESENTATION" SHOWS THE PERFORMANCE OF,COUNSEL, RONALD D. ZIMMERMAN WAS OBJECTIVELY DEFICIENT AND THEREBY DENIED APPELLANT HIS SIXT… |
| 19-7021 | Otis Hunter and Deshawn Evans v. United States | Seventh Circuit | 2019-12-19 | Denied | IFP | bias confrontation-clause criminal-procedure cross-examination jury-instructions jury-nullification mandatory-minimum nullification sentencing sixth-amendment witness-cooperation | Whether the Sixth Amendment Confrontation Clause is violated when a court bars a defendant from eliciting the mandatory minimum sentence a prosecution… |
| 19-7024 | Germira Lamar Carter v. Michigan | Michigan | 2019-12-19 | Denied | Response WaivedIFP | constitutional-violation criminal-conviction criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel sixth-amendment strickland-test | WHERE THE STATE COURTS OF MICHIGAN HAS CONVICTED A CRIMINAL DEFENDANT IN VIOLATION OF HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL, IS… |
| 19-6993 | In Re Augustus Larry Lundy | 2019-12-18 | Denied | IFP | constructive-denial-of-counsel due-process fourteenth-amendment habeas-corpus personal-jurisdiction sixth-amendment | Did the trial court divest itseld of personal jurisdiction of Lundy when it Administered the Law in an improper and unconstitutional manner? Was Lund… | |
| 19-6998 | Patrick Kofalt v. United States | Third Circuit | 2019-12-18 | Denied | Response WaivedIFP | 2255-motion conflict-of-interest due-process plea-agreement fourth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel judicial-procedure judicial-shell-game nix-v-whiteside plea-agreement sixth-amendment | I. Does controlling authority from the Supreme Court in Nix v. Whiteside, 475 US 157 (1986), hold that all ineffective assistance of counsel waivers a… |
| 19-7000 | David Constance v. Darrel Vannoy, Warden | Fifth Circuit | 2019-12-18 | Denied | Response WaivedIFP | crawford-v-washington fair-trial fourteenth-amendment hearsay-testimony impartial-trial ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence sixth-amendment | Reasonable jurists would determine that Mr. Constance was denied a fair and impartial trial with the State Courts denial concerning hearsay testimony;… |
| 19-7001 | Haji Bagcho, aka Haji Bagh Chagul, aka Haji Bagchagul v. United States | District of Columbia | 2019-12-18 | Denied | IFP | acquittal criminal-procedure due-process fifth-amendment jury-selection jury-selection-and-service-act racial-bias racial-discrimination sixth-amendment | I. Whether pursuant to the Jury Selection and Service Act a criminal defendant who observes a racially skewed venire can be denied time to inspect jur… |
| 19-7005 | Johnnie Lewis Wood v. Virginia | Virginia | 2019-12-18 | Denied | Response WaivedIFP | 14th-amendment-due-process 6th-amendment-rights conviction fair-trial false-testimony fourteenth-amendment indictment jury-verdict material-misrepresentation sixth-amendment | Was Petitioner's Sixth And Fourteenth Amendment rights violated when the state and state witnesses presented false testimony and prevented a fair subm… |
| 19-776 | James Wesley Amonett, Jr. v. Virginia | Virginia | 2019-12-18 | Denied | Response Waived | contract-enforcement contract-law criminal-procedure criminal-procedure-contract-enforcement due-process jury-trial law-enforcement plea-bargaining police-authority police-promises right-to-jury-trial sixth-amendment | Issue 1. There is an important, recurring issue on which the Federal circuits and the states' highest courts are split, i.e. whether the police can pr… |
| 19-6949 | James R. Royal v. Harold W. Clarke, Director, Virginia Department of Corrections | Virginia | 2019-12-17 | Denied | Response WaivedIFP | collateral-review constitutional-law criminal-procedure due-process mccoy-v-louisiana retroactivity sixth-amendment watershed-rule | 1. Is McCoy v. Louisiana, 138 S.Ct.1500 (2018) a watershed rule of criminal procedure which must be applied retroactively on collateral review? |
| 19-770 | Jason C. Underwood v. Shawn Phillips, Warden | Sixth Circuit | 2019-12-16 | Denied | Response Waived | certificate-of-appealability habeas-corpus habeas-corpus-relief ineffective-assistance-of-counsel martinez-exception martinez-v-ryan procedural-default sixth-amendment sixth-circuit-review trevino-v-thaler | This Court's decisions in Martinez v. Ryan , 566 U.S. 1 (2012), and Trevino v. Thaler , 133 S. Ct. 1911 (2013) held that state prisoners whose states … |
| 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… |
| 19-6912 | 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… |
| 19-6913 | Neal Benjamin v. Jennifer Saad, Warden | Fourth Circuit | 2019-12-12 | Denied | Response WaivedIFP | appellate-review booker-error constitutional-procedure criminal-procedure due-process harmless-error judicial-review lower-court-error sentencing sixth-amendment standard-of-review | 1) Does the Petitioner have a Sixth Amendment Booker error? 2) Does the Petitioner have a Harmless Error ground? 3) Did the Lower Court overlook the… |
| 19-6928 | Lee Dale Lofton, Jr. v. Wendy Kelley, Director, Arkansas Department of Correction | Eighth Circuit | 2019-12-12 | Denied | Response WaivedRelisted (2)IFP | appeals civil-rights constitutional-violations criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-error sixth-amendment standing | 1. By the exception of Martinez V. Ryan (32 S.Ct. 1309 (2012), Petitioner's inability to meet the one year time limitation under CAEDPA in Habeas corp… |
| 19-6914 | Levi Rockefeller v. California | California | 2019-12-11 | Denied | IFP | 6th-amendment civil-rights collusion conflict-of-interest constitutional-rights counsel court-procedure due-process fifth-amendment ineffective-assistance-of-counsel judicial-misconduct legal-ethics sixth-amendment trial-procedure | Question not identified. |
| 19-6889 | In Re Joel Law | 2019-12-10 | Denied | IFP | 18-usc-2422b 6th-amendment confrontation-clause confrontation-clause-6th-amendment,false-imprisonm constitutional-rights false-imprisonment habeas-corpus immediate-relief judicial-review section-2255 sixth-amendment | 1) Am I entitled to immediate relief from this Court, to protect myself and others similarily situated ,. from being falsely imprisoned pursuant to 1… | |
| 19-6876 | Mauricio Aguirre, aka Mauricio Aguirre-Orcutt, aka Peter Holston-Aguirre, aka Peter Holston, aka Miller Aguirre v. United States | Fifth Circuit | 2019-12-09 | Denied | Response WaivedIFP | apprendi-v-new-jersey criminal-procedure due-process fifth-amendment indictment jury-trial sentencing sentencing-modification sixth-amendment supervised-release | Whether a federal defendant may suffer additional imprisonment on the basis of facts that have never been placed in an indictment, nor proven to a jur… |
| 19-6845 | David Steward v. Pennsylvania | Pennsylvania | 2019-12-05 | Denied | IFP | collateral-review constitutional-right constitutional-rights criminal-procedure due-process mccoy-v-louisiana retroactivity sixth-amendment substantive-decision supreme-court-precedent | Whether the newly established constitutional right announced in McCoy v. Louisiana, 138 S.Ct. 1500(2018), created a substantive decision, that applies… |
| 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 … |
| 19-6843 | James Rice v. Wanza Jackson-Mitchell, Warden | Sixth Circuit | 2019-12-04 | Denied | Response WaivedIFP | 6th-amendment barker-factors barker-v-wingo constitutional-rights habeas-corpus ineffective-assistance prejudice sixth-amendment speedy-trial unreasonable-application | 1. Was Petitioner James Rice denied the right to a speedy trial in the state courts? The Sixth Amendment to the Constitution of the United States guar… |
| 19-6848 | Robert Matthew Wittal v. Montana | Montana | 2019-12-04 | Denied | Response WaivedIFP | co-defendant-testimony credibility criminal-procedure criminal-trial ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions legal-objection sixth-amendment witness-credibility | The states key witnesses at a homicide trial were three charged co-defendants. Petitioner's defense rested upon undermining the credibility of the c… |
| 19-6810 | Duane Gregley v. Douglas Fender, Warden | Sixth Circuit | 2019-12-03 | Denied | IFP | certificate-of-appealability constitutional-challenge due-process firearm-specification habeas-corpus ineffective-assistance-of-counsel jury-verdict res-judicata sentencing sixth-amendment | I. WHETHER THERE IS PRETENSE THAT THE STATUTES AND LAWS OF THE STATE UNDER WHICH MR. GREGLEY IS CONVICTED OF, ARE REPUGNANT TO THE CONSTITUTION AND LA… |
| 19-6817 | Anthony Wheeler v. Ron Neal, Superintendent, Indiana State Prison | Seventh Circuit | 2019-12-03 | Denied | Response WaivedIFP | certificate-of-appealability constitutional-rights due-process expungement ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-standards sixth-amendment standard-of-review | I. Did the Seventh Circuit err under Miller-El v. Cockrell , 537 U.S. 322, 336–38 (2003) and Buck v. Davis , 137 S. Ct. 759, 773–74 (2017), when it de… |
| 19-6809 | Jason Michael Strubberg v. United States | Eighth Circuit | 2019-12-03 | Denied | Response WaivedIFP | 6th-amendment criminal-procedure due-process entrapment jury-instructions sentencing sixth-amendment undercover-operations | 1. Whether the Sixth Amendment and Due Process Clause allow a court to instruct the jury, over objection, that "Undercover agents may properly make us… |
| 19-6808 | Phillip E. Smith v. Collins, First Name Unknown, et al. | Ninth Circuit | 2019-12-03 | Denied | Response WaivedIFP | 28-usc-2253 certificate-of-appealability cumulative-error due-process fourteenth-amendment insufficient-evidence miller-el-v-cockrell ninth-circuit severance sixth-amendment slack-v-mcdaniel trial-severance video-evidence | Did the Ninth Circuit err in denying a certificate of appealability to a petitioner who raised four substantial claims that his conviction was unconst… |
| 19-6805 | Hajes Rabaia v. Gubir Grewal, Attorney General of New Jersey, et al. | Third Circuit | 2019-12-03 | Denied | IFP | brady-disclosure brady-v-maryland constitutional-amendments criminal-procedure due-process evidence fourteenth-amendment judicial-review sixth-amendment supreme-court-precedent | Under the fifth, sixth, and fourteenth amendment, Does the holding of Brady v. Maryland apply to the petitioner? 1. 2. Were the decisions rendered b… |
| 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 … |
| 19-6780 | Darius Kinney v. Ohio | Ohio | 2019-11-29 | Denied | IFP | appellate-procedure appellate-rights constitutional-rights due-process effective-counsel ineffective-counsel mail-box-rule ohio-appellate-rules sixth-amendment time-limitation time-limits | A) Were Petitioner's Sixth Amendment rights violated when appellate counsel failed to: 1) Notify Petitioner (of his appellate rights) in a timely mann… |
| 19-6761 | Younes Kabbaj v. United States | Third Circuit | 2019-11-26 | Denied | Response WaivedIFP | 18-usc-115 18-usc-875 apprendi-v-new-jersey constitutional-vagueness crime-of-violence elonis-v-united-states first-amendment first-amendment-free-speech sixth-amendment statutory-interpretation subjective-intent true-threat true-threats | It is a federal crime under both 18 U.S.C. §875 and §115 to threaten to injure the person (\.e. physical body) of another, yet not legally settled as… |
| 19-6754 | Cesareo Vizcarra Medina v. California | California | 2019-11-26 | Denied | IFP | civil-rights constitutional-violations due-process fifth-amendment ineffective-assistance-of-counsel sixth-amendment 5th-amendment 6th-amendment civil-rights constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment trial-procedure | 1. Trial Counsel was ineffective See Gailing to object to the prosecutorial misconduct and violated Defendant's rights to effective assistance of coun… |
| 19-6743 | Kenneth Dewayne Nelson v. Texas | Texas | 2019-11-25 | Denied | IFP | constitutional-rights criminal-procedure due-process jury-selection plea-change right-to-jury right-to-trial sixth-amendment texas-code-of-criminal-procedure texas-constitution trial-by-jury venire-panel | ISSUE 1: THE VENIRE PANEL WAS INFORMED THAT MELLON HAD PLEAD GUILTY TO ALL FIVE CHARGES. WHEN NELSON CHANGED THOSE PLEAS BEFORE THE TRIAL ON THE MERIT… |
| 19-6727 | Tyrone Marvin Andrews v. Noah Nagy, Warden | Sixth Circuit | 2019-11-22 | Denied | Response WaivedIFP | alibi-defense civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum-sentence plea-bargaining sentencing sixth-amendment sixth-circuit-review strickland-v-washington trial-counsel | DID THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT SANCTION DECISIONS OF THE MICHIGAN COURT OF APPEALS AND FEDERAL DISTRICT COURT THAT CONFL… |
| 19-6715 | Brandon Lashon Ingram v. United States | Fourth Circuit | 2019-11-22 | Denied | Response WaivedIFP | confrontation-clause evidentiary-hearing habeas-corpus habeas-corpus-review harmless-error harmless-error-analysis ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington | Does Title 28 U.S.C. § 2255(b) automatically require an evidentiary hearing when an affidavit presented by a defendant alleging a breakdown in communi… |
| 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… |
| 19-6735 | 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… |
| 19-6701 | Carl Labat v. Darrel Vannoy, Warden | Fifth Circuit | 2019-11-20 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | exhaustion-of-state-remedies fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment state-remedies strickland-standard strickland-v-washington supervisory-writs | 1. Reasonable jurists would determine that Mr. Labat was denied effective assistance of counsel on Appeal for: (a) Failure to Exhaust State Remedies; … |
| 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… |
| 19-6698 | Amon Rweyemamu Mtaza v. United States | Fifth Circuit | 2019-11-20 | Denied | Response WaivedRelisted (2)IFP | 4th-amendment civil-rights conflict-of-interest due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel involuntary-consent plain-view-doctrine probable-cause search-and-seizure sixth-amendment venue-defense wire-fraud | 1. Whether jurists of reasonable mind would debate that counsel was ineffetive in violation of Sixth amendment for failure to investigate and litigat… |
| 19-6693 | Chris Rayvon Starks v. United States | Sixth Circuit | 2019-11-20 | Denied | IFP | armed-career-criminal-act criminal-procedure judge-finding jury jury-decision jury-determination predicate-offense predicate-offenses prior-convictions sentencing sentencing-enhancement sixth-amendment statutory-penalty | The fact that the defendant committed three predicate offenses "on occasions different from one another" an element of the ACCA for the jury to decide… |
| 19-6691 | Robert H. Smith v. Indiana | Indiana | 2019-11-20 | Denied | Response WaivedIFP | 14th-amendment 4th-amendment 5th-amendment 6th-amendment exclusionary-rule fifth-amendment fourth-amendment ineffective-assistance judicial-review sixth-amendment state-court-conflict strickland-standard | 1) Whether or not the Indiana Supreme Court/Court of Appeals has entered a decision in conflict with other decision(s) previously made in the United S… |
| 19-6684 | Rakeem Asaad Davis v. United States | Eleventh Circuit | 2019-11-19 | GVR | IFP | 18-usc-922g 6th-amendment 6th-amendment-right-to-jury-trial charged-theories-of-prosecution criminal-procedure criminal-prosecution double-jeopardy due-process felon-in-possession jury-unanimity knowledge-element rehaif-v-united-states richardson-standard richardson-v-united-states sixth-amendment unanimous-jury-verdict uncharged-theories-of-prosecution | Petitioner was charged with possession of a firearm and ammunition by a convicted felon, in violation of 18 U.S.C. § 922(g). The indictment charged po… |
| 19-6679 | Horatio Johnson v. Louisiana | Louisiana | 2019-11-19 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | criminal-procedure due-process fourteenth-amendment jury-trial nonunanimous-verdict sixth-amendment state-court state-criminal-procedure | Does the right to a jury trial guaranteed by the Sixth Amendment, as applied to the States through the Fourteenth Amendment, allow a state-court crimi… |
| 19-6676 | Christopher G. Waguespack v. United States | Fifth Circuit | 2019-11-19 | Denied | Response WaivedIFP | child-pornography computer-evidence computer-forensics confrontation-clause criminal-procedure cross-examination evidence law-enforcement sixth-amendment software-reliability | I. Whether failing to call the law enforcement agent responsible for generating a computer report in the Government's case-in-chief implicates the Six… |
| 19-6669 | Donnie Berry v. Mark S. Inch, Secretary, Florida Department of Corrections | Eleventh Circuit | 2019-11-19 | Denied | Response WaivedIFP | affidavit-or-declaration appeals civil-rights costs due-process habeas in-forma-pauperis ineffective-assistance-of-counsel poverty redress security sixth-amendment | Question not identified. |
| 19-6662 | Shane E. Jones v. United States | Eighth Circuit | 2019-11-18 | Denied | IFP | armed-career-criminal-act criminal-procedure judicial-determination jury-trial sentencing sentencing-enhancement sixth-amendment sixth-amendment-right statutory-interpretation | Does the judicial determination of crimes committed on occasions different from one another" at sentencing under the Armed Career Criminal Act, 18 U.S… |
| 19-6647 | Michael J. Baxter v. United States | Eleventh Circuit | 2019-11-15 | Denied | IFP | acquitted-conduct batson-challenge batson-v-kentucky criminal-procedure due-process equal-protection jury-selection racial-discrimination reasonable-doubt sentencing-guidelines sixth-amendment united-states-v-watts | 1. Whether the striking of two out of three black veniremembers demonstrates a "pattern of discrimination" as necessary to satisfy the first step of t… |
| 19-6644 | Darrell Freeze v. United States | Fifth Circuit | 2019-11-15 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment criminal-procedure due-process federal-courts federal-sentencing fifth-amendment judicial-fact-finding sentencing sixth-amendment substantive-reasonableness | Whether the Fifth and Sixth Amendments permit judges to find the facts necessary to support an otherwise substantively unreasonable federal sentence. |
| 19-6651 | Shawn A. Thompson v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township | Third Circuit | 2019-11-15 | Denied | Response WaivedRelisted (2)IFP | attempted-robbery constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions sixth-amendment standard-of-review third-degree-murder | I. Appellant alleged that Trial Court gave a defective/deficient Third Degree Murder instruction to the jury, by failing to provide the jury with inst… |
| 19-6645 | In Re Morgan Allen Armstrong | 2019-11-14 | Denied | IFP | civil-rights constitutional-claims criminal-procedure due-process fabrication-of-evidence fair-trial habeas-corpus ineffective-assistance prosecutorial-misconduct sixth-amendment standing | Question not identified. | |
| 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… |
| 19-6637 | 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… |
| 19-6613 | Jaime Rodriguez, et al. v. United States | Second Circuit | 2019-11-14 | Denied | Response WaivedIFP | appellate-review counsel-performance deliberate-misrepresentations due-process factual-predicates false-positions false-positions-and-deliberate-misrepresentations ineffective-assistance ineffective-assistance-of-counsel mandate-rule newly-raised-claims sixth-amendment | Whether the mandate rule bars consideration and adjudication of newly raised claims, under a Sixth Amendment ineffective assistance of counsel claim, … |
| 19-6608 | Steve Romero v. Mike McDonald, Warden | Ninth Circuit | 2019-11-13 | Denied | Response WaivedIFP | de-novo-review fair-trial habeas habeas-corpus impartial-jury ineffective-assistance ineffective-assistance-of-counsel jury-bias procedural-history sixth-amendment strickland-standard strickland-v-washington | This non-capital habeas case arises out of Steve Romero's 2006 conviction in the state court of California for attempted murder and the Ninth Circuit'… |
| 19-6595 | Raymond Tavelle Holmes v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-11-13 | Denied | IFP | cell-phone civil-procedure civil-procedure-28-usc-636 due-process fair-trial florida-statute-934.23 fourteenth-amendment fourth-amendment ineffective-counsel inevitable-discovery magistrate-judge objection procedural-error report-and-recommendation search-and-seizure severance similar-fact-evidence sixth-amendment standing third-party warrantless-search Whether the failure to sever counts deprived the P Whether the warrantless search and seizure of text williams-rule | (1). Whether this Court should exercise its discretionary certiorari jurisdiction and grant certiorari, vacate the judgment below, and remand the case… |
| 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… |
| 19-602 | Chesley Eugene Saunders v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-11-08 | Denied | Response Waived | attorney-client-relationship confidential-information criminal-trial due-process effective-assistance-of-counsel fair-trial fundamental-fairness judicial-bias judicial-recusal professional-misconduct recusal sixth-amendment | 1. Whether the Due Process Clause of the United States Constitution and the Constitutional Guarantees of a Fundamentally Fair Trial permit a criminal … |
| 19-6531 | Demetrius Frazier v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections | Eleventh Circuit | 2019-11-06 | Denied | IFP | 28-usc-2244 capital-sentencing capital-sentencing-scheme certificate-of-appealability constitutional-challenge fourteenth-amendment habeas-corpus second-or-successive-petition sixth-amendment | Whether the Eleventh Circuit should have issued a certificate of appealability because reasonable jurists could disagree over the district court's res… |
| 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… |
| 19-6534 | Saad Bahoda v. Sherman Campbell, Warden | Sixth Circuit | 2019-11-06 | Denied | Response WaivedIFP | appellate-procedure Bunkley-v-Florida conflict-of-interest effective-assistance-of-counsel evidentiary-hearing forged-affidavits ineffective-assistance-of-counsel jury-instructions michigan-law People-v-Triplett plain-error self-defense sixth-amendment witness-conflict | I. Petitioner was denied his Sixth Amendment Right to the effective assistance of counsel at trial due to counsel's failure to request a self-defense … |
| 19-6535 | Clarence Fry v. Ohio | Ohio | 2019-11-06 | Denied | IFP | constitutional-right criminal-defendant due-process fair-trial fourteenth-amendment right-to-testify rock-v-arkansas self-representation sixth-amendment trial-counsel | Is it unconstitutional for any Court to deny the Constitutional right to testify in one's own defense by placing the burden of making such desire know… |
| 19-6506 | Joshua Jake White v. Mark Nooth, Superintendent, Snake River Correctional Institution | Ninth Circuit | 2019-11-05 | Denied | Response WaivedIFP | credibility credibility-contest criminal-procedure expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief prevailing-professional-norm professional-norm sixth-amendment | Counsel failed to object to prejudicial testimony. Specifically, the State's expert's testimony vouched for the alleged victim's allegations of abuse … |
| 19-6493 | Theresa Gail Scanlan v. Washington | Washington | 2019-11-05 | Denied | Response WaivedIFP | accuser confrontation-clause criminal-procedure medical-evidence medical-personnel police-interrogation police-involvement prosecutorial-purpose prosecutorial-use sixth-amendment testimonial testimonial-statements | When police officers repeatedly inform an accuser that his statements to medical personnel will be given to the police and prosecuting authorities for… |
| 19-6474 | Christopher Andrew Tank v. Michigan | Michigan | 2019-11-01 | Denied | Response WaivedIFP | confrontation-clause confrontation-clause-violation constitutional-rights constitutional-rights-violation criminal-procedure due-process dying-declaration prejudicial-effect sixth-amendment testimonial-dying-declarations testimonial-evidence | I. WHETHER TESTIMONIAL DYING DECLARATIONS VIOLATE THE CONFRONTATION CLAUSE OF THE SIXTH AMENDMENT; AND, WHETHER PETITIONER'S CONSTITUTIONAL RIGHTS WER… |
| 19-6469 | Kenneth N. McFall v. Indiana | Indiana | 2019-10-31 | Denied | Response WaivedIFP | and sole defense witness to testify at trial for appeal evidence sixth-amendment state-court-decision testimony abuse-of-discretion accomplice-testimony constitutional-rights criminal-procedure due-process evidence-seizure fourteenth-amendment fourth-amendment sixth-amendment state-bypass-sixth-amendment | Whether trial courts abuse of discretion in not allowing an alleged accomplice, and sole defense witness to testify at trial for the defense violated … |
| 19-6465 | Quintin Phillippe Jones v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-10-31 | Denied | Relisted (2)IFP | 18-usc-3599 6th-amendment death-penalty federal-courts habeas-corpus ineffective-assistance ineffective-assistance-of-counsel investigative-funding martinez-v-ryan meaningful-representation sixth-amendment | This Court has unanimously ruled that Congress' intent in enacting 18 U.S.C. § 3599 was to provide high quality representation to qualifying prisoners… |
| 19-6437 | Lee E. Peyton v. California | California | 2019-10-31 | Denied | IFP | confrontation-clause courtroom-protocol criminal-procedure due-process due-process-clause farretta-v-california fourteenth-amendment judicial-discretion pro-se pro-se-representation sixth-amendment | This Petition presents an issue of fundamental importance to all defendants facing criminal prosecution in California: whether the Sixth and Fourteent… |
| 19-6444 | Jermaine D. Harris v. Stephen T. Moyer, Secretary, Maryland Department of Public Safety and Correctional Services, et al. | Fourth Circuit | 2019-10-30 | Denied | Response WaivedRelisted (2)IFP | aiding-and-abetting appeal cell-phone-technology cell-tower-testimony criminal-procedure cumulative-effect due-process fifth-amendment fifth-amendment-privilege habeas-corpus ineffective-assistance legally-inconsistent-verdicts sixth-amendment strickland-v-washington | 1) Did the Court of Appeals err in denying a certificate of appealability on Petitioner 's claim that his trial counsel was constitutionally ineffec… |
| 19-569 | Carlos Manuel Ayestas v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-10-30 | Denied | capital-case capital-case-mitigation-evidence ineffective-assistance mental-health mitigation-evidence mitigation-investigation professional-norms rompilla-v-beard sixth-amendment strickland-v-washington substance-abuse wiggins-v-smith | This Court has found constitutionally deficient performance of counsel based on "prevailing professional norms" that precede the Court's own decisions… | |
| 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… | |
| 19-6418 | Wayne Neville Morris v. United States | Ninth Circuit | 2019-10-29 | Denied | Response WaivedIFP | certificate-of-appealability constructive-amendment criminal-procedure criminal-procedure-error due-process fatal-variance fifth-amendment modified-categorical-approach rule-of-lenity sixth-amendment | 1. Whether, a conviction based on an erroneous legal theory, interpretation or a mistake about the law, can continue to be sustained, once the petitio… |
| 19-6409 | Sean Reilly v. Florida | Florida | 2019-10-28 | Denied | Response WaivedIFP | constitutional-duty contract-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel misunderstanding plea-bargaining sixth-amendment written-plea-offers | Whether counsel for the accused has a constitutional duty under the Sixth Amendment to document and present the client plea offers (contracts) in writ… |
| 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 … |
| 19-6385 | Neil Grenning v. James Key, Superintendent, Airway Heights Corrections Center | Ninth Circuit | 2019-10-24 | Denied | Response WaivedIFP | appeals certificate-of-appealability consecutive-sentencing due-process habeas habeas-corpus notice oregon-v-ice sentencing sixth-amendment standard-of-review straw-man | Mr. Grenning's life sentence upon post-trial allegation of aggravating elements raises a significant issue: Integrity of appeals that circumvent Supre… |
| 19-6390 | Edward L. Collins v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-10-24 | Denied | Response WaivedIFP | constitutional-violation due-process eighth-amendment equal-protection fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel jury-trial miranda-rights self-incrimination sixth-amendment | Was the Petitioner's right to due process under the Fifth and Fourteenth Amendments and right to a jury trial under the Sixth and Fourteenth Amendment… |
| 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… |
| 19-6380 | Emerson L. Beverly v. Sherry L. Burt, Warden | Sixth Circuit | 2019-10-24 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment criminal-procedure due-process eighth-amendment fair-trial fair-trial-14th-amendment fair-trial-6th-amendment fourteenth-amendment prosecutorial-misconduct red-herring sentencing-review sixth-amendment | I. DID THE PROSECUTOR 'S REPEATED REFERENCE TO PETITIONER 'S DEFENSE AS A "RED HEARING " CONSTITUTE MISCONDUCT THEREBY DENYING PETITIONER A FAIR TRI… |
| 19-6367 | James Eugene Keiser v. Ricky Foxwell, Warden, et al. | Fourth Circuit | 2019-10-23 | Denied | Response WaivedIFP | 28-usc-2253 certificate-of-appealability civil-procedure constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel sixth-amendment standing trial-errors | 1. Whether the 4th Circuit exceeded the limited scope of the COA analysis which was an error, albeit Petitioner met the requirement showing of denia… |
| 19-6349 | Jarvas Jovon Brinkley v. Randee Rewerts, Warden | Michigan | 2019-10-23 | Denied | IFP | appellate-review constitutional-rights due-process fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel lafler-v-cooper michigan-law sixth-amendment strickland-standard strickland-v-washington | DECISIONS BELOW CONFLICT WITH THE DECISIONS OF OTHER U.S. CIRCUIT COURTS OF APPEALS AND STATE APPELLATE COURTS, AND MISAPPLY THIS COURT'S DECISIONS IN… |
| 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… |
| 19-6333 | 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… |
| 19-6321 | 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? |
| 19-6316 | James Matthew Shelton v. United States | Sixth Circuit | 2019-10-22 | Denied | Response WaivedIFP | certificate-of-appealability competency-evaluation competency-to-stand-trial evidentiary-hearing habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion sixth-amendment sixth-circuit | DENYING CERTIFICATE OF APPEALABILITY AS TO WHETHER THE LOWER COURT; (1) ERRS DENYING SHELTON'S HABEAS CLAIM ALLEGING INEFFECTIVE ASSISTANCE OF COUNS… |
| 19-525 | Steve Cooley, et al. v. National Abortion Federation | Ninth Circuit | 2019-10-22 | Denied | Response Waived | appellate-jurisdiction civil-rights contempt contempt-sanction criminal-procedure due-process effective-assistance-of-counsel effective-counsel preliminary-injunction sanctions sixth-amendment younger-abstention | How can a state court criminal defendant enjoy his Sixth Amendment right to effective counsel when his state court criminal counsel have been held in … |
| 19-514 | Nikko A. Jenkins v. Nebraska | Nebraska | 2019-10-21 | Denied | Amici (3)Relisted (3) | capital-sentencing death-penalty eighth-amendment fourteenth-amendment mental-health mental-illness mitigating-evidence sixth-amendment solitary-confinement | (1) Whether the sentencing court violated the requirement of the Eighth and Fourteenth Amendment that capital sentencers give meaningful consideration… |
| 19-515 | Baldassare Amato v. United States | Second Circuit | 2019-10-21 | Denied | adverse-effect automatic-reversal conflict-of-interest cuyler-v-sullivan evidentiary-hearing holloway-v-arkansas ineffective-assistance ineffective-assistance-of-counsel sixth-amendment | 1. Under what circumstances is the automatic reversal rule from the decision in Holloway U. Arkansas, 435 U.S. 475, 484 (1978) triggered after Mickels… | |
| 19-498 | Raymond L. Rogers v. United States | Tenth Circuit | 2019-10-18 | Denied | Response Waived | 28-usc-2253 28-usc-2255 certificate-of-appealability criminal-procedure criminal-prosecution fifth-amendment habeas-corpus immediate-release sixth-amendment subject-matter-jurisdiction | Whether or not the Tenth Circuit Court of Appeals [erred], when denying (1). your Petitioner, a certificate of appealability (COA) pursuant to 28 U.S.… |
| 19-6303 | Jeffrey Jason Cooper v. United States | Eleventh Circuit | 2019-10-18 | Denied | Response WaivedIFP | confrontation-clause due-process evidence fifth-amendment hearsay sixth-amendment witness-testimony | Whether the lower Courts erred in allowing multiple hearsay statements of five alleged witnesses and other non-testifying witnesses whom did not testi… |
| 19-6301 | Jerry W. Jenkins v. United States | Eighth Circuit | 2019-10-17 | Denied | Response WaivedIFP | 6th-amendment due-process presumed-innocent sentencing testimony trial 6th-amendment civil-rights constitutional-rights criminal-procedure criminal-proceeding due-process evidence-admission ineffective-assistance-of-counsel presumption-of-innocence sixth-amendment | 2# WhetheR MR.JenKiNS RighTs to ThE uNited StAZE CONSTituTION WEeE ViOlAted When The GoveRMent INFRiNged uPon His Rights to BE PRiOR CrimiNAL HiStORy … |
| 19-6294 | Alexander Mattei v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk | First Circuit | 2019-10-17 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure dna-evidence due-process evidence expert-testimony hearsay sixth-amendment surrogate-analyst testimonial-evidence testimonial-hearsay trial-procedure | Whether there is ability to cross-examine a surrogate analyst at a jury trial who had used another's certified and testimonial DNA results ipse dixit,… |
| 19-6284 | Jose L. Cabrera-Cosme v. United States | First Circuit | 2019-10-17 | Denied | Response WaivedRelisted (2)IFP | acquitted-conduct due-process jury-trial mcmillin-v-pennsylvania sentencing sixth-amendment uncharged-conduct united-states-v-watts | 1. Whetehr a reasonable jurist could find debatable Petitioner s Sixth Amendment was violated when the district court sentenced him to life without an… |
| 19-6265 | Alex Knight v. United States | Eleventh Circuit | 2019-10-16 | Denied | IFP | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-trial sentencing sixth-amendment | Whether the Fifth and/or Sixth Amendments are violated when a district court increases a criminal defendant's sentence based upon conduct for which a … |
| 19-6266 | Willie Jones, Jr. v. United States | Ninth Circuit | 2019-10-11 | Denied | Response WaivedIFP | conflict-among-courts constitutional-law court-of-appeals criminal-procedure dilatory-conduct dilatory-purpose dilatory-purposes faretta-right faretta-v-california federal-courts self-representation sixth-amendment sixth-amendment-right-to-self-representation state-courts | Did the Ninth Circuit's disposition of Petitioner's Faretta claim, which permitted the district court to deny it after determining that Petitioner had… |
| 19-6255 | Kunta Kenta Redd v. United States | Fourth Circuit | 2019-10-11 | Denied | Response WaivedIFP | crack-cocaine crack-cocaine-sentencing criminal-justice-reform due-process first-step-act retroactivity section-404 sentencing-disparity sentencing-guidelines sentencing-reform sixth-amendment statutory-interpretation | Whether me, the Petitioner, is entitled to Relief from denial 404 motion at the District Court level in light of the First Step Act, December 21st, 20… |
| 19-6257 | Lamar Lovett v. Texas | Texas | 2019-10-11 | Denied | Relisted (2)IFP | civil-procedure civil-rights due-process fair-trial jurisdiction public-trial sixth-amendment standing takings | Isthe5taAmerdnent 841 Moan L2802040 ehutaborrpgc. froter wues dore toSoWMe sheicdmend Pare On 1O-vo Fe oNna themt DMO 0hn Ca#P-10C-10202992 8-24-11.80… |
| 19-6230 | Claudius L. Fincher v. United States | Seventh Circuit | 2019-10-09 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure due-process factual-question jury-determination jury-trial mandatory-minimum safety-valve safetyvalve-statute sentencing sixth-amendment | Does the district court's resolution of a contested factual question under 18 U.S.C. § 3553(f) (safety-valve statute) for the purpose of determining w… |
| 19-6204 | James Michael Biela v. Nevada | Nevada | 2019-10-08 | Denied | IFP | appellate-counsel appellate-procedure constitutional-amendments due-process fourteenth-amendment impartial-jury ineffective-assistance-of-counsel jury-impartiality jury-selection sixth-amendment standard-of-review | 1. Whether the Nevada Supreme Court committed error when it applied the wrong standard in failing to grant Mr. Biela relief based upon an unfair and i… |
| 19-6192 | Lagenza Junious v. Pennsylvania | Pennsylvania | 2019-10-07 | Denied | IFP | criminal-procedure diminished-capacity ineffective-assistance ineffective-assistance-of-counsel involuntary-intoxication involuntary-plea mens-rea plea-bargaining sixth-amendment strickland-standard strickland-v-washington | 1. PETITIONER, LAGENZA JUNIOUS, ALLEGED THAT HIS TRIAL COUNSEL WAS INEFFECTIVE FOR FAILING TO RAISE A DIMINISHED CAPACITY DEFENSE TO FIRST DEGREE MURD… |
| 19-6190 | Jermaine Gerald Cook, et al. v. United States | Ninth Circuit | 2019-10-07 | Denied | Relisted (2)IFP | batson-challenge batson-v-kentucky equal-protection jury-selection peremptory-challenges peremptory-strikes racial-discrimination racial-quotas sixth-amendment | Did the Ninth Circuit's disposition of Petitioners' Batson claim, which minimized the constitutional import of the government prosecutor's offer to em… |
| 19-6181 | Mark Robertson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-10-07 | Denied | Relisted (2)IFP | 18-usc-3599 6th-amendment death-penalty federal-courts habeas-corpus investigation judicial-review meaningful-representation representation representation-services sixth-amendment statutory-interpretation | (1) Did the district court deny Mr. Robertson the meaningful representation informed by investigation to prepare a habeas corpus application to which … |
| 19-6179 | Jesus Felix-Heras v. United States | Ninth Circuit | 2019-10-07 | Denied | Response WaivedIFP | computer-forensics confrontation-clause criminal-procedure database-search evidence-admissibility expert-testimony fingerprint-analysis forensic-evidence search-algorithm sixth-amendment | Whether admission of the results of a search of computer fingerprint database, which the record shows to be identical to fingerprint analysis done by … |
| 19-6175 | K. S. v. Contra Costa County Children & Family Services Bureau | California | 2019-10-07 | Denied | Relisted (2)IFP | california-welfare-and-institution-code civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection federalism fifth-amendment fourteenth-amendment santosky-v-kramer sixth-amendment standing supreme-court-precedent welfare-code | Whether the application of California Welfare and Institution Code, in this case, violated petitioner's constitutional rights under the Fifth, Sixth a… |
| 19-6166 | Sean Lee Strandberg v. Carmen Denise Palmer, Warden | Sixth Circuit | 2019-10-07 | Denied | Response WaivedIFP | civil-rights criminal-procedure defense-mechanism due-process evidence evidence-conflict judicial-proceedings polygraph polygraph-evidence presumed-land sixth-amendment sixth-circuit state-lien strickland-v-washington united-states-supreme-court washington-v-hovey | Whether the executive system lien has able to come the decision of the presume and mittence as polygraph evidence conflict with or departs from accept… |
| 19-6174 | David Anthony Lee v. Darrel Vannoy, Warden | Fifth Circuit | 2019-10-04 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process federal-law fourteenth-amendment fourteenth-amendment-rights habeas-corpus ineffective-assistance-of-counsel sixth-amendment sixth-amendment-rights state-court-proceedings | 1. Whether Mr. Lee's conviction was obtained in violation of his Sixth and Fourteenth Amendment rights of the United States Constitution. 2. Whether … |
| 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… |
| 19-6169 | In Re Anthony Brawner | 2019-10-04 | Denied | Response WaivedIFP | civil-rights criminal-procedure due-process federalism jurisdiction mandamus maryland-jurisdiction sixth-amendment subject-matter-jurisdiction trial-rights venue | 1. Does the District of columbia superior cour+ nave subject -Matterjurisdict ion _over crimes that happen in nthe Stateof_Maryland. 2. Does the peti… | |
| 19-449 | In Re Arthur Edward Ezor | 2019-10-04 | Denied | Response Waived | constitutional-error criminal-procedure due-process equal-protection fair-trial prosecutorial-misconduct sixth-amendment writ-of-mandate | 1. Was it was a denial of procedural and substantive due process for the lower Court to not order dismissal of the subject criminal case with prejudic… | |
| 19-6160 | Reggie D. Caswell v. New York | New York | 2019-10-03 | Denied | Response WaivedRelisted (2)IFP | administrative-law appellate-counsel civil-procedure civil-rights constitutional-rights due-process federal-jurisdiction fourteenth-amendment pro-se-appeal sixth-amendment standing | POINT I WAS APPELLANT DEPRIVED OF THE RIGHT TO APPELLATE COUNSEL WHEN THERE WAS NO KNOWINGLY, INTELLIGENTLY AND VOLUNTARY WAIVER OF THE RIGHT TO ASSIG… |
| 19-6146 | Hector Rosario-Rivera v. United States | First Circuit | 2019-10-03 | Denied | Response WaivedIFP | constitutional-rights due-process due-process,sixth-amendment,fifth-amendment,ineffe fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sentencing-error sixth-amendment | Whether the Petitioner's Fifth and Six Amendment Rigths 1. violated by plain error made in calculating petitioner's were and the numerous ways that Pe… |
| 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 … |
| 19-6110 | Abimael Ayala-Gonzalez v. New York | New York | 2019-10-01 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | appellate-review brady-violation constitutional-duty criminal-procedure due-process eyewitness-identification federal-claim ineffective-assistance ineffective-assistance-of-counsel meaningful-representation-standard performance-prejudice-test prosecutorial-misconduct sixth-amendment state-appellate-court strickland-standard strickland-v-washington | During voir dire, my trial counsel repeatedly referred to me as a drug dealer, supplying the prosecution with a motive that would never have survived … |
| 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… |
| 19-419 | Antonio L. Saulsberry v. Randy Lee, Warden | Sixth Circuit | 2019-09-27 | Denied | Response Waived | constitutional-law criminal-procedure double-jeopardy due-process habeas-corpus jury-trial precedent retrial sixth-amendment verdict | Whether this Court's precedent clearly establishes that the Double Jeopardy Clause bars retrial of a defendant on a charge that was submitted to a jur… |
| 19-6069 | Kevin Dewitt Skaggs v. Ron Baker, Warden, et al. | Tenth Circuit | 2019-09-26 | Denied | IFP | criminal-procedure criminal-procedure-sixth-amendment cumulative-analysis evidence expert-consultation expert-witness ineffective-assistance-of-counsel overwhelming-evidence pre-trial-investigation sixth-amendment strickland-standard strickland-v-washington trial-strategy | Whether defense counsel performs unreasonably under the Sixth Amendment if their pre-trial and trial investigations and strategies are based on their … |
| 19-6071 | Demetrius Desean Morgan v. Michigan | Michigan | 2019-09-26 | Denied | Response WaivedIFP | criminal-procedure due-process eyewitness-identification first-amendment fourteenth-amendment freedom-of-association impartial-jury ineffective-assistance insufficient-evidence physical-characteristics reasonable-doubt sixth-amendment surveillance-video video-surveillance | 1. Was the evidence of Petitioner's identity as the shooter sufficient to sustain the first-degree murder conviction where that evidence consisted of … |
| 19-6077 | Ruben Moreno Herrera v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation | Ninth Circuit | 2019-09-26 | Denied | IFP | civil-rights compulsory-process conflict-of-interest constitutional-rights criminal-procedure dna-evidence due-process evidence-exclusion evidentiary-exclusion fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment | Fs c on my be half, as the relevant testimont of my First EYewitness of the facts of my case,Ruhen Machado R. x of te BNA R wasSu RTN S R Ma SAN 884… |
| 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… |
| 19-6064 | Tommy Cole v. R. J. Rackley, Warden | Ninth Circuit | 2019-09-25 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process evidence expert-testimony ineffective-assistance ineffective-assistance-of-counsel kelly-hearing sixth-amendment videographic-evidence | 1. ) THE COURT ERRED, A kelly hearing was required to test the reliability of the process used to create the videotape of still photographs originall… |
| 19-6061 | Phillip Jones v. Ohio | Ohio | 2019-09-25 | Denied | IFP | capital-case capital-punishment due-process eighth-amendment ineffective-assistance ineffective-assistance-of-counsel mitigation-investigation sixth-amendment strickland-v-washington | Whether, pursuant to Strickland v. Washington, 466 U.S. 668 (1984) and its progeny, trial counsel is ineffective in a capital case when counsel conduc… |
| 19-6051 | Hezekiah Whitfield v. Deanna Brookhart, Warden | Seventh Circuit | 2019-09-24 | Denied | Response WaivedIFP | corroborative-evidence criminal-procedure double-jeopardy due-process evidence evidence-restriction fourteenth-amendment sixth-amendment | Whether Peririoner Made A Substantial Showing Of The Denial Of His Sixth And Fourteenth Amendmenr Due Process Rights Where Pericioner Was Restricted F… |
| 19-6049 | Lawrence T. Tyler v. United States | Fifth Circuit | 2019-09-24 | Denied | Response WaivedIFP | collateral-consequences coram-nobis criminal-sentencing deportation fact-finding fourth-amendment habeas-corpus ineffective-assistance-of-counsel judicial-fact-finding jury-trial loss-amount reasonable-doubt search-and-seizure sixth-amendment | Whether a Certificate-Of-Appealability should be granted for the following Claims/Issues : 1, Whether fact of an Actual Loss Amount, which sets the m… |
| 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… |
| 19-6039 | Camilo Andres Landazuri Vargas v. United States | Eleventh Circuit | 2019-09-24 | Denied | IFP | congress-powers-limits congressional-power criminal-law due-process fifth-amendment foreign-national international-law international-waters jurisdiction jurisdictional-element maritime-drug-law maritime-drug-law-enforcement-act maritime-law sixth-amendment statutory-interpretation united-states-constitution | WHETHER THE PROSECUTION OF MR. VARGAS - AN ECUADORIAN NATIONAL WITH NO TIES TO THE UNITED STATES — FOR TRAFFICKING CONTROLLED SUBSTANCES IN INTERNATIO… |
| 19-6024 | Kenneth Allen Rogers v. California | California | 2019-09-24 | Denied | Response WaivedIFP | attorney-client-relationship civil-rights criminal-procedure due-process fiduciary-duty legal-representation pre-trial-motion property-rights retainer-fee sixth-amendment | The State of California denial of legal representation at a pre-trial motion of the People requiring a hearing that if retained legal counsel did not … |
| 19-6030 | Craig Elias v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. | Third Circuit | 2019-09-23 | Denied | Response WaivedIFP | constitutional-claim due-process evidence evidence-promise ineffective-assistance ineffective-assistance-of-counsel legal-remedy sixth-amendment strickland-standard strickland-v-washington trial-counsel | 1. Does Strickland apply to ineffectiveness claims vis-avis trial counsel's broken promise to produce evidence? |
| 19-6015 | Roque Arias-De Jesus v. United States | Fifth Circuit | 2019-09-20 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | alleyne appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process precedent-analysis sentencing sixth-amendment statutory-interpretation supreme-court-review | Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 19-6000 | Kevin Kelley v. Illinois | Illinois | 2019-09-20 | Denied | IFP | compulsory-process constitutional-rights criminal-procedure due-process evidence evidence-rules propensity-evidence sixth-amendment trial-court-error witness-testimony | Whether the state trial court erred in admitting the testimony of two witnesses for the purpose of showing the defendant's propensity to commit the ch… |
| 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 … |
| 19-5973 | Wilfred Warren Sheppard v. Texas | Texas | 2019-09-19 | Denied | Response WaivedRelisted (2)IFP | 5th-amendment 6th-amendment constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment habeas-corpus jury-trial sixth-amendment supreme-court-precedent united-states-constitution | (1.) Whether the Texas Criminal Court of Appeals has ruled in a manner which conflicts with the Fifth and Sixth Amendment of the U.S. Constitution. (… |
| 19-361 | Renado Smith and Richard Delancy v. United States | Eleventh Circuit | 2019-09-18 | Denied | Amici (3) | confrontation-clause criminal-evidence criminal-procedure custody-release deposition-testimony due-process good-faith-effort investigative-steps prosecutorial-misconduct prosecutorial-procedure sixth-amendment testimonial-statement unavailability witness-unavailability | The Confrontation Clause permits prosecutors to introduce the out-of-court testimonial statements of an absent witness only if the witness is "unavail… |
| 19-5994 | Benjamin Justin Brownlee v. California | California | 2019-09-18 | Denied | IFP | civil-procedure criminal-law criminal-procedure due-process evidence evidence-code-section-352 jury-instructions prior-acts-evidence prosecutorial-misconduct right-to-fair-trial robbery-charges sixth-amendment standing | True the felony had to be independest of the illing,was Prejudicial and sequses Reversal of The Special. C'rcunstance Finding Code Section 1los stad … |
| 19-5979 | Rodrigo Pablo Lozano v. United States | Ninth Circuit | 2019-09-17 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | apprendi-rule apprendi-v-new-jersey conspiracy conspiracy-offense criminal-restitution deliberate-avoidance due-process hester-v-united-states mental-state ninth-circuit sentencing sixth-amendment | 1. Whether Apprendi v. New Jersey, 530 U.S. 466 (2000) applies to the imposition of criminal restitution, as suggested in Hester v. United States, 139… |
| 19-5967 | Cameron Thomas v. Nevada | Nevada | 2019-09-17 | Denied | Relisted (2)IFP | constitutional-amendments due-process fair-trial fifth-amendment fourteenth-amendment fundamental-fairness sixth-amendment trial-court-narrative | 1. Whether the Nevada Supreme Court committed error when it failed to address Thomas' contention that his right to fundamental fairness was violated w… |
| 19-5975 | Juan Jose Tull-Abreu v. United States | First Circuit | 2019-09-17 | Denied | Response WaivedIFP | aggravated-identity-theft compulsory-process confrontation-clause conspiracy controlled-substances controlled-substances-act criminal-law criminal-procedure due-process fourteenth-amendment health-care-fraud identity-theft sixth-amendment | 1. Whether the petitioner participated in a conspiracy to commit health care fraud , in violation of 18 U.S.C. § 1349 . Count One of the Indictment. … |
| 19-5977 | Kerry Lyn Dalton v. California | California | 2019-09-17 | Denied | IFP | 14th-amendment 5th-amendment 6th-amendment constitutional-requirement criminal-sentencing death-penalty fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding reasonable-doubt sixth-amendment statutory-maximum | Does California's death penalty scheme violate the requirement under the Fifth, Sixth and Fourteenth Amendments that every fact other than a prior con… |
| 19-5945 | Timothy Eugene Sampson v. Cathy M. Garrett, et al. | Sixth Circuit | 2019-09-16 | Denied | IFP | civil-procedure civil-rights constitutional-rights due-process federal-appeals habeas-corpus judicial-review pleading-standards procedural-dismissal sixth-amendment sixth-circuit standing | I. THe Astinat CouT Enraned in Drsaissing the Complannt TO Heck bAe And 4 CAW lelanT A wriT of CenTiORtRi ? II. Did the DistTa covl enreR in necanfrE… |
| 19-5948 | Maria Margarita Valdez-Araiza v. United States | Ninth Circuit | 2019-09-16 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | appellate-review conflicting-evidence criminal-procedure-review evidence evidentiary-error harmless-error harmless-error-review judicial-precedent jury-factfinding sixth-amendment standard-of-review witness-credibility | In conducting harmless-error review, an appellate court may not resolve conflicting evidence, assess the credibility of witnesses, or view the evidenc… |
| 19-5954 | Ricardo Irive v. Jo Gentry, Warden, et al. | Ninth Circuit | 2019-09-16 | Denied | Response WaivedIFP | attorney-negligence constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sixth-amendment | DOES IT CONSTITUTE INEFFECTIVE ASSISTANCE OF COUNSEL TO ALLOW A PLEA AGREEMENT THE DEFENDANT WISHED TO TAKE LAPSE DUE TO MISTAKE OR NEGLIGENCE? |
| 19-5927 | Cuitlahuac Tahua Rivera v. California | California | 2019-09-13 | Denied | IFP | constitutional-requirement criminal-sentencing death-penalty eighth-amendment fact-finding fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding reasonable-doubt sixth-amendment | Does California's death penalty scheme violate the requirement under the Fifth, Sixth, Eighth and Fourteenth Amendments that every fact that serves to… |
| 19-5933 | Julian Alejandro Mendez v. California | California | 2019-09-13 | Denied | IFP | aggravating-factors constitutional-amendments criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment reasonable-doubt sixth-amendment trier-of-fact | Whether the California death penalty scheme violates the Fifth, Sixth and Fourteenth Amendments by permitting the trier of fact to impose a sentence o… |
| 19-5936 | Cesar Rosario Lopez-Ramos v. Minnesota | Minnesota | 2019-09-13 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | confrontation-clause criminal-procedure cross-examination foreign-language-interpreter police-interrogation sixth-amendment testimonial-statements translation-evidence | Whether the Sixth Amendment's Confrontation Clause permits the prosecution to introduce testimonial statements in the form of an unidentified foreign … |
| 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… |
| 19-5919 | Marlon Romaine Carter v. Louisiana | Louisiana | 2019-09-12 | Denied | Response WaivedIFP | constructive-possession criminal-conviction due-process felon-in-possession fourteenth-amendment jackson-v-virginia sixth-amendment sufficiency-of-evidence | I. Whether the State of Louisiana misapplied Jackson v. Virginia sufficiency of evidence test when holding, to the contrary, the evidence was sufficie… |
| 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… |
| 19-5924 | James Hennessee v. United States | Sixth Circuit | 2019-09-12 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | apprendi-doctrine armed-career-criminal-act circuit-court constitutional-interpretation conviction-records criminal-procedure jury predicate-convictions sentencing sentencing-enhancement sixth-amendment | The Armed Career Criminal Act enhances the statutory penalty for a firearms offense when the offender has three predicate convictions for crimes that … |
| 19-5904 | Travis Dennis v. Darrel Vannoy, Warden | Fifth Circuit | 2019-09-11 | Denied | Response WaivedIFP | appellate-review batson-challenge constitutional-rights criminal-procedure criminal-procedure-due-process due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-verdict sixth-amendment sufficiency-of-evidence | Reasonable jurists could find that the Courts have abused their discretion in accepting the Jury's verdict even though the Record supports that Ronald… |
| 19-5917 | Matthew A. Castro v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-09-11 | Denied | Response WaivedIFP | 11th-circuit 5th-amendment 6th-amendment constitutional-rights due-process effective-assistance-of-counsel fact-finding federal-courts fifth-amendment habeas-corpus prosecutorial-misconduct sixth-amendment standard-of-review | 1). Whether the United States Court of Appeal for the Eleventh Circuit erred by unreasonably determining the facts based on a misreading of the state … |
| 19-5918 | Brandon Kyle Thomas v. United States | Eleventh Circuit | 2019-09-11 | Denied | Response WaivedIFP | §-2255-motion appellate-rights certificate-of-appealability criminal-appeal idaho-v-garza ineffective-assistance-of-counsel jurisdictional-rule prejudice-standard presumption-of-prejudice roe-v-flores-ortega sixth-amendment strickland-v-washington | After trial and again after sentencing, Brandon Thomas requested that his attorney appeal the criminal judgment. Counsel's advice consisted of "if you… |
| 19-330 | Harshad Shah v. United States | Ninth Circuit | 2019-09-11 | Denied | Response RequestedResponse WaivedRelisted (2) | bribery-trial civil-rights due-process fair-trial impartial-jury plain-error-review racial-animus sixth-amendment structural-error trial-by-jury | 1. Is it structural error and a denial of the Sixth Amendment right to "trial by an impartial jury" when the government expressly uses racial animus i… |
| 19-5879 | Timothy L. Joe v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-09-10 | Denied | Response WaivedIFP | 6th-amendment cross-examination due-process evidence evidentiary-law impeachment impeachment-evidence ineffective-assistance-of-counsel opioid-addiction police-misconduct sixth-amendment | Can Florida's evidentiary laws constitutionally preclude impeachment evidence of opioid-addicted police officers? |
| 19-5890 | Fernando Cabral-Varela v. Massachusetts | Massachusetts | 2019-09-10 | Denied | Response WaivedIFP | constitutional-law constitutional-rights courtroom-access courtroom-closure criminal-procedure due-process public-trial sixth-amendment structural-error witness-intimidation | Where there was no risk of witness intimidation for most, if not all, of the Commonwealth's witnesses for the final three days, did the judge deprive … |
| 19-5869 | Jaime Enriquez-Hernandez, aka Jaime Enriques-Hernandez v. United States | Fifth Circuit | 2019-09-09 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | alleyne almendarez-torres appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process judicial-review sentencing sixth-amendment statutory-interpretation supreme-court-precedent | Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 19-5842 | William Sim Spencer v. Michigan | Michigan | 2019-09-06 | Denied | Response WaivedIFP | actus-reus counsel-effectiveness due-process fourteenth-amendment guilty-plea ineffective-assistance-of-counsel irrebuttable-presumption sex-offender-registration sixth-amendment statute-of-limitations | WHERE IT CAN BE SHOWN THATTHE ORDER TO REGISTER AS A SEX OFFENDER IS NOT LIMITED IN SCOPE TO STAND ON A VALID GUILTY PLEA SUPPORTED BY THE EFFECTIVE … |
| 19-5847 | Dennis White v. Ohio | Ohio | 2019-09-06 | Denied | Response WaivedIFP | 6th-amendment due-process fourteenth-amendment hospital-records ineffective-assistance ineffective-assistance-of-counsel material-evidence pre-indictment-delay reasonable-probability sixth-amendment strickland-standard strickland-v-washington | Was the State Appellate court decision contrary to, or involved an unreasonable application of, clearly established federal law, Strickland v. Washing… |
| 19-5809 | Lloyde Dubry v. Kansas | Kansas | 2019-09-05 | Denied | Response WaivedIFP | appellate-procedure constitutional-rights criminal-history descamps-v-united-states discrimination due-process equal-protection fourteenth-amendment retroactive-application retroactivity sentencing sixth-amendment state-v-wetrich | 1. Whether the petitioner, Lloyde Dubry, was denied his remedy by due course of law -- in violation of the Sixth or Fourteenth Amendment to the United… |
| 19-5821 | Robert Earl Robinson v. Arizona, et al. | Arizona | 2019-09-05 | Denied | IFP | appellate-jurisdiction appellate-review brady-v-maryland civil-rights constitutional-law constitutional-rights criminal-defense criminal-procedure cross-examination discovery due-process exculpatory-evidence prosecutorial-misconduct sixth-amendment standing statutory-interpretation | Should the verdict be reversed because the plea was not entered into knowingly intelligently and voluntarily? Did the prosecution violate Brady requi… |
| 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… |
| 19-5836 | Dennis Johnson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-09-05 | Denied | IFP | appellate-review constitutional-due-process effective-assistance-of-counsel evidentiary-ruling ineffective-assistance-of-counsel judicial-error plea-bargaining prejudice reasonable-performance reasonable-probability sixth-amendment standard-of-review strickland-v-washington trial-fairness trial-strategy | Question not identified. |
| 19-5780 | Marvin Robinson v. Darrel Vannoy, Warden | Fifth Circuit | 2019-09-04 | Denied | Response WaivedIFP | constitutional-law constitutional-rights criminal-procedure due-process fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment | Whether Petitioner's trial counsel was constitutionally ineffective under the Sixth Amendment to the United States Constitution? and Whether Petitione… |
| 19-5806 | John Bradham v. United States | Eleventh Circuit | 2019-09-04 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | confidential-informant confrontation-clause criminal-procedure drug-transaction due-process evidence evidence-admission sixth-amendment | WHETHER THE DISTRICT COURT'S ERRONEOUS ADMISSION OF A VIDEO OF AN ALLEGED DRUG AND FIREARM TRANSACTION BETWEEN THE CI AND THE DEFENDANT VIOLATED THE C… |
| 19-5807 | Thedrick Edwards v. Darrel Vannoy, Warden | Fifth Circuit | 2019-09-04 | Judgment Issued | Amici (20)Response RequestedResponse WaivedRelisted (4)IFP | constitutional-rights criminal-procedure due-process equal-protection fourteenth-amendment jury-selection jury-trial jury-unanimity sixth-amendment state-law | Whether Louisiana's non-unanimous jury requirement for crimes requiring life sentences violates the Sixth Amendment and Fourteenth Amendment of the Un… |
| 19-5814 | Luis Armando Mesta v. John Myrick | Ninth Circuit | 2019-09-04 | Denied | Response WaivedIFP | appellate-advocacy appellate-procedure constitutional-rights counsel-performance ineffective-assistance ineffective-assistance-of-counsel new-trial sixth-amendment sixth-amendment-right-to-counsel state-court-deference state-court-review strickland-v-washington | Twelve days after Mr. Mesta's appellate brief was filed, the Oregon Supreme Court took review of a legal principle that was at issue in Mr. Mesta's ca… |
| 19-5817 | Kendrick Taylor v. Louisiana | Louisiana | 2019-09-04 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | apodaca-v-oregon criminal-procedure criminal-trial fourteenth-amendment incorporation-doctrine johnson-v-louisiana jury-trial jury-unanimity sixth-amendment supreme-court-precedent unanimous-verdict | The issue presented is whether the Sixth Amendment right to a jury trial requires an unanimous jury verdict and, if so, would that unanimity requireme… |
| 19-288 | Javier Sanchez, Gregory Casorso, and Michael Marr v. United States | Ninth Circuit | 2019-09-04 | Denied | Amici (2)Response RequestedResponse WaivedRelisted (2) | antitrust antitrust-law criminal-law criminal-procedure due-process fifth-amendment jury-instructions per-se-rule presumption sherman-act sixth-amendment | The question presented is whether the operation of the per se rule in criminal antitrust cases violates the constitutional prohibition —grounded in th… |
| 19-5779 | Eduardo Rodriguez-Lopez v. Florida | Florida | 2019-09-03 | Denied | IFP | constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-colloquy right-to-defense sixth-amendment strickland strickland-standard | 1. Consistent with the Sixth Amendment, and this Court's decisions in Strickland may the State rely on the plea colloquy as to a prisoner acknowledgin… |
| 19-5781 | Yong S. Cha, aka Edward Cha v. United States | Ninth Circuit | 2019-09-03 | Denied | Response WaivedIFP | adversarial-testing criminal-procedure due-process evidentiary-waiver federal-rules-of-criminal-procedure federal-rules-of-evidence plea-bargaining proffer-statements prosecutorial-discretion prosecutorial-misconduct sixth-amendment | I. When the Government has agreed not to use a defendant's statements except to refute a defense at trial, may the Government only use those proffer s… |
| 19-5791 | Marcus Jackson v. Vance Laughlin, Warden, et al. | Georgia | 2019-09-03 | Denied | Response WaivedIFP | appellate-counsel appellate-review discretionary-relief discretionary-review error-of-law habeas-corpus ineffective-assistance-of-counsel irrational-strategy legal-sufficiency sixth-amendment state-appeals sufficiency-of-evidence thirteenth-juror thirteenth-juror-review | Did the Georgia courts err by refusing to remedy appellate counsel's professionally deficient, and prejudicial, waiver of a claim for discretionary re… |
| 19-5792 | Randall Turner v. Tennessee | Tennessee | 2019-09-03 | Denied | IFP | bias-adjudicator capital-adversary-procedures conflict-of-interest due-process equal-protection fifth-amendment fourteenth-amendment sixth-amendment statute-of-limitations structural-defect term-1 term-2 term-3 term-4 term-5 term-6 | (1) Whether the appellate court appeal process was fundamentally unfair and a denial of due process of law under the Fifth, Sixth and Fourteenth Amend… |
| 19-5747 | Jamall Gibson v. United States | Sixth Circuit | 2019-08-30 | Denied | Response WaivedIFP | constitutional-provisions constitutional-rights criminal-history criminal-procedure drug-conspiracy due-process ineffective-assistance ineffective-assistance-of-counsel sentencing sixth-amendment speedy-trial | QUESTION # ONE: Whether Petitioner Gibson's counsel provided him with ineffective assistance of counsel by failing; to effectively investiga te his HY… |
| 19-5768 | Steven Villalona v. Florida | Florida | 2019-08-30 | Denied | Response WaivedIFP | barker-v-wingo constitutional-law criminal-procedure detainer due-process prisoner-rights rehabilitative-programs sixth-amendment smith-v-hooey speedy-trial | (1) What effect, if any, does the filing of a detainer have on a prisoner's right to a speedy trial under the Sixth Amendment? (2) To what degree ar… |
| 19-5770 | Danny Lee Banks v. United States | Sixth Circuit | 2019-08-30 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment fourteenth-amendment johnson-precedent residual-clause sentencing sixth-amendment unconstitutional unconstitutional-sentencing | 1) DID THE APPEALS COURT AND DISTRICT COURT VIOLATE BANKAS FIFTH, SIXTH AND FOURTEENTH AMENDMENT RIGHTS BY UPHOLDING A SENTENCE THAT WAS BASED ON TH… |
| 19-5758 | Peter J. Hanson v. Wisconsin | Wisconsin | 2019-08-29 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure due-process evidence hearsay out-of-court-statements sixth-amendment testimonial-evidence | Whether out-of-court statements offered for purposes "other than their truth" ever implicate the Sixth Amendment right to Confrontation? |
| 19-5723 | Melvin Bernard Thompson v. Mark S. Inch, Secretary, Florida Department of Corrections | Eleventh Circuit | 2019-08-28 | Denied | IFP | Almendarez-Torres Apprendi-v-New-Jersey criminal-procedure criminal-sentencing due-process fourteenth-amendment habeas-corpus judicial-discretion sentencing sentencing-guidelines sixth-amendment stare-decisis | 1. Can a Florida Law permit a trial court to exercise judicial discretion to make new findings of fact of an escalating pattern of criminal conduct b… |
| 19-256 | Yuzef Abramov v. United States | Ninth Circuit | 2019-08-28 | Denied | Response Waived | constitutional-powers counsel-of-choice due-process extraterritorial-jurisdiction foreign-commerce-clause necessary-and-proper necessary-and-proper-clause sixth-amendment standing statutory-interpretation treaty-power | I. Whether it is constitutional to extend 18 U.S.C. § 2423(c) to noncommercial conduct allegedly committed by a foreign citizen and resident against o… |
| 19-5719 | Robert Keith Ray v. Colorado | Colorado | 2019-08-27 | Denied | IFP | 6th-amendment appellate-review apprendi apprendi-v-new-jersey boyde-standard boyde-v-california capital-case due-process jury jury-instructions sixth-amendment | In light of this Court's recent Sixth-Amendment jurisprudence emphasizing the constitutional primacy of the role of the jury, should this Court revisi… |
| 19-5712 | Ivan Lee Vasquez v. California | California | 2019-08-26 | Denied | Response WaivedIFP | confrontation-rights content-based-messaging fair-trial fourteenth-amendment inherently-prejudicial sixth-amendment trial-spectator-conduct | 1. May trial spectator conduct, in the form of content-based messaging, be "'so inherently prejudicial as to pose an unacceptable threat'" to the fair… |
| 19-250 | Oklahoma v. Jesse Allen Johnson | Oklahoma | 2019-08-26 | GVR | Response RequestedResponse WaivedRelisted (5) | constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment jury-factfinding jury-trial juvenile-sentencing life-without-parole miller-v-alabama montgomery-v-louisiana sixth-amendment | Does the Sixth Amendment require that the individualized sentencing proceeding necessary to impose a life-without-parole sentence upon a juvenile homi… |
| 19-243 | Richard M. Camacho v. United States | Armed Forces | 2019-08-23 | Denied | Response Waived | criminal-procedure due-process ineffective-assistance-of-counsel military-justice presumption-of-innocence prosecutorial-misconduct sexual-assault sixth-amendment sufficiency-of-evidence | I. Whether the Army's Sexual Harassment Assault Response and Prevention Program (SHARP) reversed the constitutional presumption of innocence, diluted … |
| 19-5605 | Stephen Alan Macomber v. Kansas | Kansas | 2019-08-23 | Denied | Response WaivedIFP | 4th-amendment 5th-amendment burden-of-proof civil-liberties constitutional-rights due-process equal-protection fair-trial fourteenth-amendment sixth-amendment state-action use-of-force | 1. 'Olb'THE COURTS, "Tb fe'DE ' ft 9^)ec\Ficl OS^-DF-'C )'=k'vx-^' FftRCe: -ceirsw^ncO X^stb'Actic^ lower Ttt^ l5u£D£b or orocF TOR "YHE STf^S /Fb \… |
| 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… |
| 19-5693 | Harlow Hutchinson v. Louisiana | Louisiana | 2019-08-23 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-amendment criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict | Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti… |
| 19-5694 | Craig Farley v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation | Ninth Circuit | 2019-08-23 | Denied | IFP | consciousness-of-guilt constitutional-rights counsel-performance criminal-trial exculpatory-evidence identification-evidence ineffective-assistance ineffective-assistance-of-counsel lack-of-identification-evidence phone-records sixth-amendment strickland-standard trial-counsel | 1. Is there any reasonable argument that trial counsel satisfied the Strickland standard when he failed to introduce crucial lack of identification ev… |
| 19-5695 | Riodejuonerol Hudson v. Charles Bradley, Warden | Sixth Circuit | 2019-08-23 | Denied | Response WaivedIFP | aedpa aedpa-deference appellate-counsel appellate-procedure complete-defense due-process fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction sixth-amendment standard-of-review | I. Ohio has a two step procedure under Ohio App R 26 when one claims the ineffective assistance of appellate counsel. First, there must be a timely "a… |
| 19-5696 | Adrian Francis Williams v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-08-23 | Denied | Response WaivedIFP | 6th-amendment constitutional-rights custody discovery due-process fourth-amendment jurisdiction prosecutorial-misconduct sixth-amendment speedy-trial state-law | ChARkeicharles r.mcloy, inerr for aesenting an vntruth that the petitiuner Adrian Fseis willams, didnt pAR Dui to the petitroner being Denied an impAR… |
| 19-5700 | Maximo Brito-Tejeda v. United States | First Circuit | 2019-08-23 | Denied | Response WaivedIFP | client-request constitutional-right due-process garza-v-idaho habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-malpractice notice-of-appeal procedural-default right-to-appeal sixth-amendment | WHETHER GARZA v. IDAHO, 139 S. Ct. 738 (2019), APPLIES TO PETITIONER'S CLAIM THAT HIS DEFENSE COUNSEL WAS INEFFECTIVE BY FAILING TO FILE A NOTICE OF A… |
| 19-5703 | Eric Massey v. Darrel Vannoy, Warden | Fifth Circuit | 2019-08-23 | Denied | IFP | 14th-amendment 6th-amendment constitutional-rights counsel-effectiveness critical-stage effective-assistance-of-counsel habeas-corpus sixth-amendment strickland-standard strickland-v-washington | AFTER PETITIONER MADE A SUBSTANTIAL SHOWING OF A DENIAL OF A CONSTITUTIONAL RIGHT; WAS GRANTED BY THE UNITED STATES COURT OF APPEAL, FIFTH CIRCUIT, A … |
| 19-5644 | Keith Stuart Cumbee v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-08-21 | Denied | IFP | criminal-procedure does-judicial-confession double-jeopardy due-process due-process-clause fifth-amendment fourteenth-amendment habeas-corpus indigent-defendant judicial-confession legal-assistance legal-assistance-clause sixth-amendment without-prior-appointment-of-counsel without-waiver | Despite lower court COA denial, should this Court consider, or remand for consideration, habeas claims: a. Does judicial confession in this case, with… |
| 19-5655 | Chadwick N. Barner v. Illinois | Illinois | 2019-08-21 | Denied | Response WaivedIFP | appellate-review constitutional-rights criminal-procedure due-process equal-protection fair-trial illinois-supreme-court-rule-431(b) impartial-jury jury-selection post-conviction-relief sixth-amendment voir-dire | 1) CAN A SPECIFIC TRIBUTE TO KILL BE INFERRED BASED ON THE ACT OF PUSHING A PERSONS HEAD UNDERWATER? 2) CAN THE STATES PRESENTATION OF NONCUMULATIVE … |
| 19-5635 | Shango Jaja Greer v. United States | Ninth Circuit | 2019-08-19 | Denied | Response WaivedIFP | brady-violation due-process grand-jury ineffective-assistance prosecutorial-misconduct sixth-amendment sufficiency-of-evidence | (1) Did the District Court improperly condone the prosecutor's profligate misconduct in not only failing to disclose to the defense before trial that … |
| 19-5610 | Richard Felton v. Colette M. Goguen, Superintendent, North Central Correctional Institution | First Circuit | 2019-08-16 | Denied | Response WaivedIFP | appellate-review certificate-of-appealability civil-procedure counsel-interference court-closure cronic-v-united-states due-process federal-courts habeas-corpus presley-v-georgia public-trial sixth-amendment standing waller-v-georgia | I. Whether the United States Court of Appeals for the First Circuit contravened this Court's holding in Terrell v. Morris, 493 U.S. 1 (1989) (per curi… |
| 19-5614 | Robert Ricks v. United States | Fifth Circuit | 2019-08-16 | Denied | Response WaivedIFP | compulsory-process criminal-procedure defense-witness due-process fifth-amendment immunity perjury perjury-threat prosecutorial-misconduct sixth-amendment witness-immunity witness-intimidation | Whether the grant of use and derivative use immunity to a defense witness, which specifically excluded any "prosecution for perjury, giving a false st… |
| 19-5624 | Zachary William Hicks v. United States | Ninth Circuit | 2019-08-16 | Denied | Response WaivedIFP | abuse-of-discretion criminal-procedure criminal-sentencing due-process hicks-factors ineffective-assistance judicial-review sentencing-factors sentencing-guidelines sentencing-review sixth-amendment trial-court-discretion | Whether the Trial Court Imposed an Unreasonable Sentence by Failing to Adequately Consider Hicks' Factors and Whether Trial Counsel Rendered Ineffecti… |
| 19-5554 | Andres Soto v. United States | Ninth Circuit | 2019-08-13 | Denied | Response WaivedIFP | 5th-amendment circuit-split civil-rights constitutional-rights custody due-process fifth-amendment miranda-custody miranda-v-arizona police-encounter reasonable-person-test sixth-amendment | In determining whether an accused person is in custody for purposes of Miranda v. Arizona, 384 U.S. 486 (1966), must courts give significant weight to… |
| 19-5566 | Reilies Wayne Miller v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-08-13 | Denied | Response WaivedIFP | chapman-v-california closing-arguments darden-v-wainwright due-process expert-witness fourteenth-amendment harmless-error jury-instruction jury-instructions self-defense sixth-amendment | 1. Consistent with the Fourteenth Amendment and Chanman v. California . 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967) could the harmless error anal… |
| 19-5537 | Benjamin Escobedo v. Texas | Texas | 2019-08-09 | Denied | IFP | 6th-amendment appellate-review constitutional-provisions constitutional-rights criminal-procedure criminal-procedure-defects-indictment due-process indictment jurisdiction motion-to-close motion-to-quash sixth-amendment trial-court | 1. Did the Trial court err When it overruled Appellants Motion to Quash the Amended indictment ? Cih.3t.38. RRY.7). 2. Oid the court of Appeals err b… |
| 19-5543 | Arnold Maurice Mathis v. United States | Eleventh Circuit | 2019-08-09 | Denied | Response WaivedIFP | certificate-of-appealability fourth-amendment independent-source-doctrine ineffective-assistance sixth-amendment warrantless-search | Whether trial counsel was ineffective in violation of the Sixth Amendment by failing to investigate and litigate a warrantless search of petitioner's … |
| 19-5545 | Todd Allen Wheeler v. Michigan | Michigan | 2019-08-09 | Denied | IFP | 14th-amendment 6th-amendment due-process effective-assistance-of-counsel ineffective-assistance-of-counsel plain-error severance sixth-amendment trial-joinder | WHETHER MR. WHEELER WAS DENIED HIS CONSTITUTIONAL RIGHT TO DUE PROCESS UNDER THE 14TH AMENDMENT TO THE UNITED STATES CONSTITUTION BY THE TRIAL COURT'S… |
| 19-183 | Mark Douglas Robison v. Texas | Texas | 2019-08-09 | Denied | Response Waived | criminal-defense due-process ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis sixth-amendment strickland-standard strickland-v-washington trial-fairness trial-outcome | In considering whether a criminal-defense attorney's deficient performance was prejudicial under Strickland v. Washington, 466 U.S. 668 (1984), is all… |
| 19-5497 | John McGill v. United States | Eleventh Circuit | 2019-08-08 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | burden-of-proof constitutional-rights criminal-procedure due-process fifth-amendment jury-instructions pattern-jury-instructions reasonable-doubt sixth-amendment | 1. When a district court issues erroneous jury instructions that include (a) to consider conviction with less than guilt beyond all reasonable doubt… |
| 19-5505 | Jose Hernandez-Carbajal v. United States | Fourth Circuit | 2019-08-08 | Denied | Response WaivedIFP | due-process effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal plea-agreement plea-bargaining sentencing sentencing-error sentencing-guidelines sixth-amendment | I. Whether Petitioner's Sixth Amendment Rights to the Effective Assistance of Counsel Was Violated in the Follow? a) When Counsel Failed to file a Not… |
| 19-5449 | Richard Shelley v. United States | Eleventh Circuit | 2019-08-06 | Denied | Response WaivedIFP | batson-challenge batson-v-kentucky constitutional-violation criminal-procedure due-process fair-trial jury-selection peremptory-strike sixth-amendment sixth-amendment-right-to-fair-trial | WHETHER THE DISTRICT COURT ERRED IN FINDING THAT SHELLEY FAILED TO OBJECT TO THE GOVERNMENT'S USE OF A PEREMPTORY STRIKE, THEREBY CAUSING AN 5th AMEND… |
| 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. |
| 19-5473 | Samuel Benzant v. Mark S. Inch, Secretary, Florida Department of Corrections | Eleventh Circuit | 2019-08-06 | Denied | IFP | 28-usc-2253 appellate-procedure certificate-of-appealability constitutional-right constitutional-rights criminal-procedure due-process federal-habeas-corpus habeas-corpus ineffective-assistance-of-counsel sixth-amendment standard-of-review | Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on the basis that the Petitione… |
| 19-5481 | Jomo Williams v. United States | Second Circuit | 2019-08-06 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment confrontation-clause confrontation-rights criminal-procedure due-process evidence federal-rule-of-evidence fifth-amendment jury sixth-amendment | 1) Were Petitioner's Fifth and Sixth Amendment due process rights obliterated where the district court, not only permitted the prosecution to insert i… |
| 19-5459 | Edward Lee Carter v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-08-05 | Denied | Relisted (2)IFP | appellate-review civil-rights constitutional-rights criminal-procedure due-process fair-trial impartial-judge judicial-impartiality judicial-misconduct sixth-amendment | 1S 0 (§LiMiNal defendant Constftutfonaly entitle to a Fate Trial From ow Partial Sudae WHO TS NOT CORRUET to Preside and Cule aver his Trial Court Pro… |
| 19-5433 | In Re Steven Bleau | 2019-08-02 | Denied | Response WaivedIFP | actual-innocence collateral-review death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel martinez-exception newly-discovered-evidence sixth-amendment | 1) Under circumstances involving a second collateral petition presenting an actual innocence claim; is Bleau deprived of his Constitutional Rights pro… | |
| 19-159 | Carlos Tapia v. New York | New York | 2019-08-02 | Denied | Response RequestedResponse WaivedRelisted (2) | confrontation-clause criminal-procedure cross-examination due-process evidence memory-loss sixth-amendment testimonial-statement | Whether, when a witness's total memory loss prevents him from testifying about his prior out-of-court testimonial statement, the witness's mere presen… |
| 19-5409 | Brady Daniel v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-07-31 | Denied | Relisted (2)IFP | civil-rights due-process fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel sixth-amendment texas-code-of-criminal-procedure texas-constitution warrantless-search | (1) Did THE Actions of Miss County sheriffs Department violate the Constitutional and statutes RIGHTS of Lindsey the Fourth / Fifth/Sixth and Fourteen… |
| 19-5420 | Kendrick Terrell v. United States | Eleventh Circuit | 2019-07-31 | Denied | Response WaivedIFP | appeal criminal-procedure due-process eighth-amendment ineffective-assistance ineffective-assistance-of-counsel plain-error prior-charges sentence-enhancement sentencing sentencing-calculation sentencing-guidelines sixth-amendment | Whether the Petitioner's Sixth Amendment Rights were violated by plain error made in calculating Petitioner's sentence, and the numerous ways that Pet… |
| 19-5376 | Alan Lewis Doering v. Wendy Kelley, Director, Arkansas Department of Correction, et al. | Eighth Circuit | 2019-07-30 | Denied | Response WaivedIFP | 5th-amendment civil-procedure civil-rights due-process standing takings confrontation-clause criminal-procedure due-process evidence sixth-amendment sixth-circuit | How can lower Consts dismiss Violation of bcing Punishd in the bok with no frult of ny own? How can the isshance of tablits to inmats fron the ADciwhi… |
| 19-5390 | In Re Francisco Narvaez | 2019-07-30 | Denied | Response WaivedIFP | adequate-representation civil-rights constitutional-rights due-process effective-assistance-of-counsel fifth-amendment ineffective-assistance-counsel legal-representation procedural-error professional-conduct sixth-amendment speedy-trial | Therefore, my concerns or questins it's plenty, first of all I am a poor man without schooled in any Laws, then I even had much school in Spanish nor … | |
| 19-5394 | Michael Leon Bell v. California | California | 2019-07-30 | Denied | IFP | aggravating-circumstances capital-punishment constitutional-procedure death-penalty due-process fourteenth-amendment jury-fact-finding jury-trial mitigating-circumstances reasonable-doubt sentencing sentencing-standards sixth-amendment | Does California's death penalty scheme, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt (1) th… |
| 19-5375 | Sean Daniels v. Shane Jackson, Warden | Sixth Circuit | 2019-07-29 | Denied | Response WaivedIFP | actual-innocence due-process fifth-amendment ineffective-assistance judicial-misconduct prosecutorial-misconduct sixth-amendment | WAS MR. DANIELS DENIED EFFECTIVE ASSISTANCE OF COUNSEL AT TRIAL WHERE DEFENSE COUNSEL HAD TO BE REPEATEDLY REPRIMANDED BY THE TRIAL COURT FOR FAILING … |
| 19-5387 | Shevaun E. Browne v. United States | Third Circuit | 2019-07-29 | Denied | Response WaivedIFP | cautionary-instruction criminal-procedure evidence guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions plea-bargaining sixth-amendment third-circuit trial-counsel | WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE THIRD CIRCUIT AFFIRMED THE DISTRICT COURT'S RULING THAT TRIAL COUNSEL WAS NOT INEFFECTIVE FOR FA… |
| 19-5351 | Johnny Lee Johnson v. William Sperfslage | Eighth Circuit | 2019-07-26 | Denied | Response RequestedRelisted (2)IFP | due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plain-error-review shackling sixth-amendment | WHETHER THE DUE PROCESS PROVISIONS OF THE FIFTH AND SIXTH AMENDMENTS REQUIRE A PLAIN ERROR REVIEW WHEN A DEFENDANT IS SHACKLED IN VIEW OF A JURY OR IF… |
| 19-5346 | Jose Martinez v. United States | Second Circuit | 2019-07-25 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | acquitted-conduct burden-of-proof buyer-seller-defense criminal-conviction cross-examination drug-conspiracy due-process jury-instructions jury-trial sentencing sentencing-guidelines sixth-amendment | 1. A writ of certiorari is requested to determine whether this Court's decisions to allow district courts to use acquitted conduct in imposing sentenc… |
| 19-5295 | In Re Larry Charles | 2019-07-24 | Denied | Relisted (2)IFP | due-process exceptional-circumstances fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel mandamus right-to-appeal sixth-amendment supreme-court-precedent writ-of-mandamus | Do exceptional circumstances exist in the Petitioner's case that justify granting his Petition seeking a Writ of Mandamus when he has demonstrated a c… | |
| 19-5310 | Rodolfo Cantu, Jr., aka Lil Rudy v. United States | Fifth Circuit | 2019-07-24 | Denied | Response WaivedIFP | confrontation-right crawford-v-washington due-process fifth-amendment hearsay sentencing sentencing-enhancement sentencing-proceedings sixth-amendment | Was the enhancement for a credible threat improper considering the district court's partial reliance on hearsay facts outside the record, which violat… |
| 19-5317 | Alonzo Vernon v. United States | Second Circuit | 2019-07-24 | Denied | Response WaivedIFP | appellate-review chapman-v-california constitutional-rights criminal-procedure due-process evidence fair-trial harmless-error jones-v-stinson sixth-amendment | Whether the Second Circuit's decision in the instant case created a conflict with the Court's decision in Chapman, supra? Further, whether the Second… |
| 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? |
| 19-5266 | Clarence E. Scott, Jr. v. Steven Johnson, Administrator, New Jersey State Prison, et al. | Third Circuit | 2019-07-23 | Denied | IFP | constitutional-rights due-process fair-trial fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington | 1. Whether the district court ruling that Petitioner was not denied his right to the effective assistance of counsel, due process of the law and right… |
| 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… |
| 19-5275 | 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 … |
| 19-5279 | Miguel Esparza-Salazar v. United States | Fifth Circuit | 2019-07-22 | Denied | Response WaivedIFP | almendarez-torres almendarez-torres-v-united-states apprendi-rule apprendi-v-new-jersey criminal-procedure illegal-entry prior-convictions sentencing sentencing-factors sixth-amendment statutory-interpretation statutory-maximum | This case presents the issue of whether a criminal defendant charged with illegal entry, pursuant to 8 U.S.C. § 1326(b)(1) and (2), is entitled to not… |
| 19-107 | Vincent Asaro v. United States | Second Circuit | 2019-07-22 | Denied | Amici (3)Response RequestedResponse WaivedRelisted (3) | 5th-amendment 6th-amendment acquitted-conduct criminal-procedure criminal-sentencing due-process fifth-amendment jury-trial-right sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct underlying a charge for which t… |
| 19-5220 | Hernardo Medina-Villegas v. United States | First Circuit | 2019-07-19 | Denied | Response WaivedIFP | constitutional-claims due-process prejudice reasonableness sixth-amendment constitutional-rights due-process habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel legal-standard prejudice reasonableness-standard sixth-amendment standard-of-reasonableness | This Case involves the Trial and Appellate Counsels Performance falling Below an objective Standard of Reasonableness, that prejudice the Petitioner. … |
| 19-5255 | Frank Lobacz v. United States | Second Circuit | 2019-07-19 | Denied | Response WaivedIFP | 28-usc-2255 appellate-review court-of-appeals criminal-procedure due-process habeas-corpus ineffective-assistance judicial-error per-se-ineffectiveness procedural-default second-circuit section-2255 sixth-amendment strickland-v-washington trial-counsel | 1. Whether it was error by the Court of Appeals for the Second Circuit, to affirm the lower court's denial of Petitioner's Petition pursuant to 28 U.S… |
| 19-5256 | Anthony J. Livingstone v. United States | Armed Forces | 2019-07-19 | Denied | Response WaivedIFP | confrontation-clause confrontation-rights criminal-procedure discovery due-process military-justice military-rules-of-evidence prosecutorial-misconduct sixth-amendment special-victims-counsel | 1. Was the 6th Amendment right to confront witnesses violated due to a misapplication of MRE 412 by the military judge? 2. Did the prosecutor prejudi… |
| 19-5258 | Ernest Morris v. Pennsylvania | Third Circuit | 2019-07-19 | Denied | IFP | 60(b)(6) change-in-decisional-law change-in-law civil-procedure constitutional-relief decisional-law due-process federal-rules-of-civil-procedure habeas-corpus relief rule-60(b) search-and-seizure sixth-amendment standing | Should relief under Fed.R.Civ.P. 60(b)(6) be made available to habeas corpus petitioners when a change in decisional law occurs? II. Is Rule 60(b) re… |
| 19-5200 | In Re Isidro Roman | 2019-07-17 | Denied | Response WaivedRelisted (2)IFP | actual-innocence brady-v-maryland brady-violation civil-rights due-process habeas-corpus ineffective-assistance-of-counsel sixth-amendment | 1. Was patitionar daniad affactiv3 assistanc3 of counsal balow th3 standard mandats of tha Unitad Statas Constitution Amandmant Six ? 2. Was patito… | |
| 19-5224 | Lee Chang v. Wisconsin | Wisconsin | 2019-07-17 | Denied | Response WaivedIFP | brady-violation due-process evidence evidence-translation evidentiary-hearing fair-trial fundamental-fairness ineffective-assistance ineffective-assistance-of-counsel law-enforcement sixth-amendment | Was Recorded Evidence By Law Enforcement and Presented By The Prosecutor Given In A Timely Manner As Well As Can It Be Considered A Brady Violation D… |
| 19-5177 | James Alvin Chaney v. United States | Sixth Circuit | 2019-07-15 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fifth-amendment impartial-jury inter-circuit-split juror-allegation juror-misconduct jury sixth-amendment trial-court trial-procedure | Is a criminal defendant's Fifth Amendment right of due process and Sixth Amendment right to a trial by an impartial jury violated when the trial court… |
| 19-5153 | Christopher B. Ramirez v. Washington | Washington | 2019-07-12 | Denied | Response WaivedIFP | aggravating-circumstance criminal-procedure due-process eyewitness-identification identification-procedure jury-instructions notice photographic-array police-misconduct sixth-amendment suggestive-circumstances suggestive-identification | 1. In Perry v. New Hampshire , 565 U.S. 228, 232 (2012) the Court held the Fourteenth Amendment right to due process requires exclusion from trial an … |
| 19-5167 | Christian Don'tae Hood v. United States | Fourth Circuit | 2019-07-12 | Denied | Response WaivedIFP | cellular-phone co-defendant compelled-testimony compulsory-process evidence-admissibility fifth-amendment fifth-amendment-rights jury-instruction post-arrest-interview search-and-seizure self-incrimination sixth-amendment | I. IT WAS ERROR FOR THE TRIAL COURT TO ADMIT THE APPELLANT'S POST-ARREST INTERVIEW WHEN THE GOVERNMENT VIOLATED HIS FIFTH AMENDMENT RIGHTS BY FORCIBLY… |
| 19-5150 | Irvin Junior Phillips v. United States | Sixth Circuit | 2019-07-11 | Denied | Response WaivedIFP | 18-usc-924e apprendi-rule apprendi-v-new-jersey criminal-law criminal-procedure due-process indictment-requirements prior-conviction prior-convictions sentencing sentencing-enhancement sixth-amendment statutory-interpretation supreme-court-review | 1. Whether the Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of … |
| 19-5130 | Tammie McConico v. United States | Eleventh Circuit | 2019-07-10 | Denied | Response WaivedIFP | circuit-courts circumstantial-evidence equal-protection federal-circuit-courts reasonable-doubt sixth-amendment standard-of-review | Whether the Sixth Amendment requires proof beyond a reasonable doubt, even in a circumstantial case? And whether the Equal Protections Clause is viola… |
| 19-5131 | Steven L. Rackley v. Brigham Sloan, Warden | Sixth Circuit | 2019-07-10 | Denied | Response WaivedIFP | actual-innocence constitutional-rights dismissal due-process fifth-amendment fourth-amendment guilty-plea habeas-corpus ineffective-assistance-of-counsel ineffective-counsel involuntary-manslaughter notice post-indictment-delay probable-cause sixth-amendment statute-of-limitations | The question of whether the District Court properly applied the statue of limitations to Rackley's habeas petition in Respondent's first order by th… |
| 19-5132 | Kenneth D. Sills v. Anne L. Precythe, Director, Missouri Department of Corrections | Eighth Circuit | 2019-07-10 | Denied | Response WaivedIFP | batson-v-kentucky constitutional-rights criminal-procedure flowers-v-mississippi ineffective-assistance ineffective-assistance-of-counsel jury-selection peremptory-challenges prosecutorial-misconduct racial-discrimination sixth-amendment | WHETHER CERTIORARI SHOULD BE GRANTED WHERE TRIAL COUNSEL WAS INEFFECTIVE IN FAILING TO OBJECT TO THE PROSECUTIONS 'S PRETEXTUAL EXPLANATION FOR EXERCI… |
| 19-5137 | Albert Duval Gray v. United States | Fourth Circuit | 2019-07-10 | Denied | Response WaivedIFP | appeals appellate-review constitutional-law constitutional-rights criminal-procedure due-process federal-law fifth-amendment revocation-sentence sentencing sixth-amendment | Whether the writ should issue so that this Court may decide whether Petitioner's revocation sentence violated the Fifth and Sixth Amendments to the Un… |
| 19-5110 | Barry Bays v. United States | Fifth Circuit | 2019-07-09 | Denied | Response WaivedIFP | controlled-substance-analog controlled-substance-analogue controlled-substances criminal-procedure due-process ex-post-facto fifth-amendment fraud scienter scienter-requirement sentencing sentencing-enhancement sixth-amendment | I. Whether a defendant's sentence for fraud offenses that applied 21 U.S.C. § 802(32), USSG § 2B1.1(b)(1), and USSG §2D1.1 and treated Bays as a "cont… |
| 19-5114 | Jovanny Rodriguez v. United States | Second Circuit | 2019-07-09 | Denied | Response WaivedIFP | alibi due-process evidence fifth-amendment indictment indictment-variance interstate-commerce jury-finding jury-instructions sixth-amendment supreme-court-precedent trial variance | 1) Petitioner was convicted and sentenced without having an opportunity to establish an alibi due to a variance between the indictment and evidence at… |
| 19-5126 | Jesus M. Garcia v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. | Third Circuit | 2019-07-09 | Denied | IFP | appellate-review constitutional-violation criminal-procedure due-process fourth-amendment habeas-corpus ineffective-assistance sixth-amendment trial-counsel wiretap wiretap-evidence | DID THE DISTRICT COURT AND APPEALS COURT ERR IN DENYING APPELLANT RELIEF ON INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL DO TO COUNSEL'S FAILIN'G TO-OBOECT… |
| 19-5053 | Brandon M. Hicks v. Renee Baker, Warden, et al. | Ninth Circuit | 2019-07-03 | Denied | Response WaivedIFP | 6th-amendment civil-rights constitutional-law constitutional-rights criminal-procedure due-process evidence-admissibility fair-trial ineffective-assistance-of-counsel judicial-conduct plea-bargaining sentencing separation-of-powers sixth-amendment | 1) Whethe tn heen o Conion in context with his intent at sentenciny, is a violatiken of the Separation of powers doctrine, in the United States Consti… |
| 19-5062 | Henry Lee Jones v. Tennessee | Tennessee | 2019-07-03 | Denied | IFP | capital-punishment confrontation-clause due-process eighth-amendment fourteenth-amendment Hearsay sixth-amendment witness-testimony | In this capital case, the Tennessee courts permitted the State to introduce a transcript of prior testimony of its "primary witness" rather than prese… |
| 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… |
| 19-5049 | Michael Wilson v. Shawn Hatton, Warden | Ninth Circuit | 2019-07-02 | Denied | IFP | civil-procedure civil-rights constitutional-right constitutional-rights district-court due-process habeas-corpus jurists-of-reason procedural-ruling sixth-amendment standing | Under the Sixth Amendment to the United States Constitution would "jurists of reason" find it debatable of whether the petition states a valid claim o… |
| 19-5014 | Ricardo Donate-Cardona v. United States | Third Circuit | 2019-07-01 | GVR | IFP | affidavit appointed-counsel civil-procedure civil-rights constitutional-law constitutional-review court-filing defendant-dissatisfaction due-process effective-assistance-of-counsel in-forma-pauperis indigent-status legal-redress poverty-affidavit sixth-amendment standing substitute-counsel | Question not identified. |
| 19-5020 | Khaleefa Lambert v. Darren Settles, Acting Warden | Sixth Circuit | 2019-07-01 | Denied | IFP | criminal-procedure felony-murder ineffective-assistance ineffective-assistance-of-counsel murder-conviction prejudice premeditated-murder reasonable-jury sixth-amendment standard-of-review sufficiency-of-evidence trial-counsel | Did the Sixth Circuit err in denying Petitioner's claim that his trial counsel's performance was so deficient as to prejudice the outcome of the trial… |
| 19-5023 | Jason Keith Walker v. United States | Ninth Circuit | 2019-07-01 | Denied | Response WaivedIFP | brady-v-united-states brady-violation due-process fifth-amendment giglio-v-united-states ineffective-assistance ineffective-assistance-of-counsel napue-v-illinois plea-bargaining plea-negotiations prosecutorial-misconduct sentencing sixth-amendment | 1. Whether the petitioner, Jason Keith Walker, is entitled to a certificate of appealability on his claim that his trial counsel provided ineffective … |
| 19-5028 | Osvaldo Vasquez v. United States | First Circuit | 2019-07-01 | Denied | Response WaivedIFP | due-process fifth-amendment fourth-amendment fundamental-fairness gps-tracking gps-warrant sixth-amendment warrant-challenge wiretap-warrant | I. Whether the Petitioner was denied his fundamental constitutional right(s) to Due Process of Law and Fundamental Fairness when he was denied a meani… |
| 19-12 | Kevin Sewell v. Maryland | Maryland | 2019-07-01 | Denied | Response Waived | compelled-speech confrontation-clause due-process equal-protection fifth-amendment-self-incrimination first-amendment first-amendment-compelled-speech overbreadth self-incrimination sixth-amendment sixth-amendment-confrontation-clause | 1. Whether Maryland's law imposing a duty to report suspected child abuse or neglect on all persons in the State violates the First Amendment where it… |
| 19-14 | In Re Thomas F. Williams | 2019-07-01 | Denied | due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-bias miscarriage-of-justice procedural-default prosecutor-misconduct sixth-amendment trial-by-jury trial-court-issues | Question one: Whether the federal district & circuit court and the Florida State courts violated the Petitioner 's 6th & 14th Amendment rights —when t… | ||
| 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 … |
| 19-6 | New York v. Jahmarley Jones | New York | 2019-06-28 | Denied | Response RequestedRelisted (2) | confrontation-clause crawford-v-washington criminal-procedure gang-evidence police-investigation police-investigations sixth-amendment testimonial-evidence testimonial-statements | Whether statements made by individuals during routine police investigations – prior to the commission of a specific crime, the identification of a sus… |
| 18-9811 | Eli Sloan v. United States | Ninth Circuit | 2019-06-27 | Denied | Response WaivedIFP | civil-rights criminal-jurisdiction due-process equal-protection federal-jurisdiction indian-law indigent-counsel native-american-rights sixth-amendment standing tribal-sovereignty uncounseled-conviction | #1. Are (Navajo Indians)' Native American Indians U.S. citizens within the jurisdictions of 18 U.S-C.S § 1153) (Indian Country)? As reconized US. citi… |
| 18-9821 | Robert Lee Heard, Jr. v. Louisiana | Louisiana | 2019-06-27 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | Apodaca-v-Oregon criminal-conviction criminal-procedure due-process fourteenth-amendment jury-trial nonunanimous-jury-verdict nonunanimous-verdict sixth-amendment | Does the right to a jury trial guaranteed by the Sixth Amendment, as applied to the States through the Fourteenth Amendment, allow a state-court crimi… |
| 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… |
| 18-9825 | Shepell Orr v. Ron Neal, Superintendent, Indiana State Prison | Seventh Circuit | 2019-06-27 | Denied | Response WaivedIFP | 14th-amendment 14th-amendment-equal-protection 4th-amendment 4th-amendment-seizure 5th-amendment 5th-amendment-due-process 6th-amendment 6th-amendment-fair-trial 8th-amendment-cruel-punishment circuit-court-conflict fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel sixth-amendment sudden-heat | 1) Whether or not the 7th Circuit Court of Appeals has entered a decision (May 08, 2019) in conflict with another decision previously made in the Unit… |
| 18-9834 | Carlos Alberto Ochoa-Orozco v. United States | Fifth Circuit | 2019-06-27 | Denied | Response WaivedIFP | constitutional-error cumulative-error due-process fair-trial federal-rules-of-criminal-procedure ineffective-assistance-of-counsel ineffective-counsel plea-bargaining prosecutorial-misconduct rule-18 sentencing sixth-amendment venue venue-challenge | 1. Whether the district court violated Appellant's right to due process, and his Sixth Amendment right to affair trial, where' the district court 'lac… |
| 18A1366 | Julio Mario Haro-Verdugo v. United States | Ninth Circuit | 2019-06-27 | Presumed Complete | conflict-of-interest constitutional-violation fair-trial ineffective-assistance prosecutorial-misconduct sixth-amendment | Question not identified. | |
| 18-9816 | Kabil Anton Djenasevic, aka Anton Genase, aka Kabil Genase, aka Kabil Kraja v. United States | Eleventh Circuit | 2019-06-26 | Denied | Response WaivedIFP | civil-rights conspiracy-law criminal-procedure due-process evidence false-testimony fifth-amendment fourteenth-amendment fourth-amendment judicial-notice sixth-amendment standing | 1)- WHETHER PETITIONER WAS DENIED HIS FOURTH, FIFTH, SIXTH, AND FOURTEENTH AMENDMENTS RIGHT'S SECURED BY THE UNITED STATES CONSTITUTION, AND DUE PROCE… |
| 18-9787 | Jace Crehan v. Louisiana | Louisiana | 2019-06-25 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-amendment criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-jury unanimous-verdict | Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti… |
| 18-9795 | Gregory A. Barto v. Mark Garmon, Superintendent, State Correctional Institution at Rockview, et al. | Third Circuit | 2019-06-25 | Denied | IFP | certificate-of-appealability cross-examination due-process effective-cross-examination evidence-tampering habeas-corpus procedural-default prosecutorial-misconduct sixth-amendment state-court-review sufficiency-of-evidence | WHETHER THE COURT OF APPEALS DECISION TO DENY A COA CONCLUDING THAT PETITIONER SUFFICEINCY OF EVIDENCE CLAIM WAS PROCEDURALLY DEFAULTED BASED ON STA… |
| 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… |
| 18A1350 | Yuzef Abramov v. United States | Ninth Circuit | 2019-06-21 | Presumed Complete | counsel-of-choice fair-trial gonzalez-lopez retained-counsel sixth-amendment structural-error | Question not identified. | |
| 18-9736 | Darius Kinney v. Ohio | Ohio | 2019-06-20 | Denied | Response RequestedRelisted (3)IFP | 4th-amendment 6th-amendment constitutional-law criminal-procedure fourth-amendment ineffective-assistance-of-counsel motion-to-suppress search-and-seizure sixth-amendment warrant warrantless-search | Were Petitioner's Sixth Amendment rights violated where counsel did not file a motion to suppress although the record indicates that police violated p… |
| 18-9737 | Laquan L. Kellam v. United States | Third Circuit | 2019-06-20 | Denied | Response WaivedIFP | constitutional-interpretation criminal-procedure eighth-amendment eighth-amendment-rights expert-witness-testimony fifth-amendment fifth-amendment-rights fourteenth-amendment fourteenth-amendment-rights fourth-amendment fourth-amendment-rights procedural-error search-and-seizure sixth-amendment sixth-amendment-rights statutory-interpretation warrantless-arrest | 1. DID THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ABUSE ITS DISCRETIONARY, BROADLY-BASED AUTHORITY OF INTERPRETATION, THUS, VIOLATING PE… |
| 18-9744 | Landon Quinn v. Darrel Vannoy, Warden | Louisiana | 2019-06-20 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-conviction due-process ineffective-assistance ineffective-assistance-of-counsel non-unanimous-verdict nonunanimous-verdict prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington | Whether the fact that a criminal conviction was returned by a nonunanimous verdict is relevant to a court's consideration of the prejudice prong of St… |
| 18-9705 | Leonard Moore v. United States | Sixth Circuit | 2019-06-19 | Denied | Response WaivedIFP | 6th-amendment appellate-review certificate-of-appealability crime-of-violence criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-enhancement sixth-amendment statutory-interpretation | Should the Sixth Circuit Court of Appeals have issued a Certificate of Appealability in the instant case to resolve an open question in the Sixth Circ… |
| 18-1551 | Joseph Q. Mirarchi v. Office of Disciplinary Counsel | Pennsylvania | 2019-06-19 | Denied | Response Waived | attorney-disbarment constitutional-rights disbarment due-process due-process-clause effective-assistance-of-counsel expert-witness-testimony fourteenth-amendment ineffective-assistance-of-counsel medical-evidence mitigation-evidence neuropsychological-evidence sixth-amendment | Whether the state supreme court order for attorney disbarment is inconsistent with the standards set forth in Selling v. Radford, 243 U.S. 46, 50-51 (… |
| 18-1548 | Miguel Alcantar v. Illinois | Illinois | 2019-06-18 | Denied | Response Waived | third parties for the pretrial production of rele compulsory-process criminal-defendant documentary-evidence documentary-production pretrial-evidence sixth-amendment subpoena-duces-tecum subpoenas-duces-tecum third-parties | Whether the Compulsory Process Clause of the Sixth Amendment guarantees the defendant the right to issue subpoenas duces tecum to private, third parti… |
| 18-9698 | Ruben Perez Gomez v. California | California | 2019-06-18 | Denied | IFP | constitutional-requirement death-penalty fifth-amendment fourteenth-amendment jury jury-beyond-reasonable-doubt jury-finding reasonable-doubt sentencing-standard sixth-amendment statutory-maximum statutory-maximum-punishment | Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact other than a prior co… |
| 18A1320 | Adnan Syed v. Maryland | Maryland | 2019-06-18 | Presumed Complete | alibi-evidence constitutional-rights criminal-procedure ineffective-assistance sixth-amendment trial-counsel | Question not identified. | |
| 18-9693 | Kevin Sheppard v. Louisiana | Louisiana | 2019-06-17 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-amendment criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict | Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti… |
| 18-9674 | Terence Tramaine Andrus v. Texas | Texas | 2019-06-14 | GVR | Amici (1)Relisted (24)IFP | death-penalty due-process fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-v-washington | Does the standard for assessing ineffective assistance of counsel claims, announced in Strickland v. Washington, fail to protect the Sixth Amendment r… |
| 18-9678 | Binika L. Hankton v. Frederick Boutte, Warden | Fifth Circuit | 2019-06-14 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process due-process,criminal-procedure,evidence,jackson-v- evidence evidence-sufficiency fifth-amendment fourth-amendment jackson-v-virginia sixth-amendment standard-of-review sufficiency-of-evidence | 1. Is a conviction constitutionally suspect when the evidence used to convict does not meet the standards of Jackson? 2. Is a conviction constitution… |
| 18-9650 | Shawn Pinson v. Texas | Texas | 2019-06-13 | Denied | IFP | civil-rights confrontation-clause criminal-procedure due-process evidence fourteenth-amendment sixth-amendment standing testimony | Question not identified. |
| 18-9652 | Cedric McDonald v. United States | Eighth Circuit | 2019-06-13 | Denied | Response WaivedIFP | civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel jury-selection racial-bias sixth-amendment trial-counsel voir-dire | WHETHER TRIAL COUNSEL RENDERED INEFFECTIVE COUNSEL IN FAILING TO OBJECT TO DISTRICT COURT'S USE OF A VIDEO IN VOIR DIRE, WHICH WAS DESINGED TO GET JUR… |
| 18-9659 | In Re Quisi Bryan | 2019-06-13 | Denied | IFP | constitutional-law death-penalty federal-review habeas-corpus hurst-claim hurst-v-florida jury-determination jury-trial retroactive-application retroactivity sixth-amendment sixth-circuit | Bryan's habeas petition presents exceptional circumstances that, if left unresolved, will result in disparate interpretations of the federal Constitut… | |
| 18-9664 | Lilron Ravon Jones v. California | California | 2019-06-13 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | apprendi apprendi-rule Apprendi-v-New-Jersey constitutional-procedure Descamps due-process jury-trial jury-trial-right juvenile-adjudication Mathis prior-conviction-exception sentence-enhancement sentencing-enhancement sixth-amendment | In Apprendi v. New Jersey, 530 U.S. 466, 490 (2000), this Court held that "[o]ther than the fact of a prior conviction, any fact that increases the pe… |
| 18-9665 | Alejandro Hernandez-Delgado v. California | California | 2019-06-13 | Denied | Response RequestedRelisted (2)IFP | criminal-procedure due-process evidence-code evidentiary-hearing fourteenth-amendment juror-bias juror-misconduct jury-deliberations racial-bias racial-stereotypes sixth-amendment | What fact-finding procedures are required by the Sixth and Fourteenth Amendments when a defendant makes a threshold showing that a juror relied on rac… |
| 18-9632 | Major Hudson, III v. Oklahoma | Oklahoma | 2019-06-12 | Denied | IFP | 14th-amendment due-process ineffective-assistance laches liberty-interest miscarriage-of-justice procedural-default sixth-amendment | Where a procedural default is the result of ineffective assistance of counsel and where the sixth amendment requires that responsibility for the defau… |
| 18-9598 | James W. Guy v. Ohio | Ohio | 2019-06-11 | Denied | Response WaivedIFP | civil-rights constitutional-rights criminal-procedure due-process fifth-amendment first-amendment fourteenth-amendment free-speech jury-bias jury-selection prejudice religion religious-discrimination religious-freedom sixth-amendment | Did the trial court violate a Muslim defendant's Constitutional Rights under the First, Fifth and Fourteenth Amendments to the United States Constitut… |
| 18-9609 | Charles L. v. Donnie Ames, Superintendent, Mount Olive Correctional Complex | West Virginia | 2019-06-11 | Denied | IFP | collateral-acts collateral-acts-evidence ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offense limiting-instruction sixth-amendment strickland-standard strickland-v-washington trial-counsel | Does the failure of trial counsel to request a limiting instruction related to unindicted collateral acts evidence constitute ineffective assistance … |
| 18-9630 | Michael Mancil Brown v. United States | Sixth Circuit | 2019-06-11 | Denied | Response WaivedIFP | 6th-amendment 6th-amendment,effective-counsel,mistrial,closing-a closing-arguments constitutional-violation criminal-procedure due-process effective-counsel mistrial sixth-amendment trial trial-rights | Was the Petitioners 6th Amendment Righ ts to effective counsel violated when Petitioner's Attorney refused a mistrial offer by the Court without consu… |
| 18A1297 | Joshua Wayne Riley v. United States | Fourth Circuit | 2019-06-11 | Presumed Complete | constitutional-protections criminal-procedure exclusionary-rule parole-revocation sixth-amendment supervised-release | This case presents two important questions about the nature of supervised release revocation hearings. First, whether the exclusionary rule should app… | |
| 18-9601 | Lawrence J. Strickland v. United States | Eighth Circuit | 2019-06-10 | Denied | Response WaivedIFP | armed-career-criminal criminal-procedure due-process fifth-amendment predicate-offenses prior-convictions sentencing sixth-amendment | 1. Does it violate the Fifth Amendment Due Process Clause and the Sixth Amendment for the district court to make a finding that two "armed career crim… |
| 18-1525 | Jose Andrade v. City of Hammond, Indiana, et al. | Indiana | 2019-06-10 | Denied | Response Waived | 14th-amendment 5th-amendment constitutional-amendments due-process ex-post-facto ex-post-facto-law ineffective-assistance-of-counsel ineffective-counsel ineffective-representation property-rights sixth-amendment | Whether the Indiana Supreme Court decided an issue - without determining the effect of ex post facto law, which affected petitioner's property and due… |
| 18-9578 | James Jacob Parrish, Jr. v. United States | Fourth Circuit | 2019-06-07 | Denied | Response WaivedIFP | criminal-procedure criminal-sentencing due-process firearm-enhancement ineffective-assistance-of-counsel prior-conviction procedural-reasonableness sentencing sentencing-departure sentencing-guidelines sentencing-procedure sentencing-reasonableness sentencing-variance sixth-amendment substantive-reasonableness | Whether Parrish's sentence was procedurally and substantively unreasonable because the district court imposed an unsupported departure and/or variance… |
| 18-9579 | James D. Tench v. Ohio | Ohio | 2019-06-07 | Denied | IFP | aggravating-circumstances capital-defendant capital-punishment constitutional-rights death-penalty' 'When a reviewing court independen due-process evidence-admission guilty-verdict hurst-v-florida jury jury-verdict mitigating-factors prejudicial-evidence sixth-amendment | 1. Does the admission of improper and prejudicial evidence violate a capital defendant's right to due process where the record indicates that the jury… |
| 18-9566 | Jason Brady Sain v. Oklahoma | Oklahoma | 2019-06-06 | Denied | IFP | closing-arguments credibility due-process fair-trial fourteenth-amendment prosecutorial-misconduct sixth-amendment theory-of-the-case witness-credibility | 1. WAS PETITIONER'S SIXTH AND FOURTEENTH AMENDMENT RIGHTS TO A FAIR TRIAL VIOLATED WHEN THE PROSECUTOR COMMITTED PLAIN AND OBVIOUS CONSTITUTIONAL ERRO… |
| 18-9516 | Starquineshia Palmer v. Florida | Florida | 2019-06-05 | Rehearing | Response WaivedRelisted (2)IFP | 12-person-jury 6-person-jury constitutional-rights criminal-procedure criminal-trial due-process jury-size sixth-amendment trial-by-jury williams-v-florida | Was Petitioner denied her right to a trial by jury as contemplated by the Sixth Amendment because of the decision in Williams v. Florida, 399 U.S. 78,… |
| 18-9555 | Kenneth Thomas v. Robert Marsh, Superintendent, State Correctional Institution at Benner Township | Third Circuit | 2019-06-05 | Denied | Response WaivedIFP | autopsy-report confrontation-clause crawford-v-washington cross-examination fourteenth-amendment ineffective-assistance-of-counsel melendez-diaz-v-massachusetts sixth-amendment strickland-standard testimonial-evidence | WHETHER THIS COURT SHOULD CONSIDER IF THE INTRODUCTION OF AN AUTOPSY REPORT WHICH WAS PRESENTED AS SUBSTANTIVE EVIDENCE BUT NOT TESTIFIED TO BY ITS AU… |
| 18-9557 | Charles C. Brewington v. Oklahoma | Oklahoma | 2019-06-05 | Denied | Relisted (2)IFP | civil-rights constitutional-rights constitutional-violation criminal-procedure custody due-process habeas-corpus ineffective-assistance judicial-misconduct legal-standard sixth-amendment standing wrongful-conviction | (1)-Do thπ AStAchKO Okut stortk Couht OROARS VTOLAK A-DUE PROCASS (B-AEt tO SUSPANO HAAKA -CONUS. ( A VFOLATON OF US. CONAt AA 2 WheN Loth Cok Rrrue t… |
| 18-9529 | Anibal Del Valle-Hiraldo v. United States | First Circuit | 2019-06-04 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment aiding-and-abetting criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining rosemond-v-united-states sixth-amendment | Whether an attorney's advice to a defendant to plead guilty to aiding and abetting the carry, use and possession of a firearm in furtherance of a crim… |
| 18-9533 | Shua Tilahun v. Jeff Premo, Superintendent, Oregon State Penitentiary | Oregon | 2019-06-04 | Denied | IFP | 14th-amendment 6th-amendment equitable-tolling fourteenth-amendment ineffective-assistance-of-counsel martinez-v-ryan post-conviction-counsel post-conviction-relief sixth-amendment successive-post-conviction | If Martinez V. Ryan, 566 U.S. 1, 132 S Ct 1309, allows for a case to be over-turned if the Plaintiff can show, had it not been for ineffective assista… |
| 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… |
| 18-9550 | Jerome L. Grimes v. Avis Budget Group | Third Circuit | 2019-06-04 | Denied | Response WaivedIFP | access-to-courts civil-procedure civil-rights constitutional-rights defamation due-process framed-up pro-se-plaintiff sixth-amendment standing statute-of-limitation theft | The question herein is whether a Plausible Claim For Relief was asserted in the Plaintiff, Jerome L. Grimes', Amended Complaint, and does Tolling the … |
| 18-9519 | Michael Wesley v. New York | New York | 2019-06-03 | Denied | IFP | alvarez-v-united-states constitutional-rights criminal-procedure due-process due-process-clause equal-protection fair-trial fifth-amendment fourteenth-amendment government-witness-perjury griffin-v-united-states petitioner's right to have newly-discovered-eviden sixth-amendment united-states-v-biberfeld washington-v-texas witness witness-perjury | (1). A Petitioner Rights to have a Witness in his favor is protected by the "Due Process of Law Clause" and the Fifth ,Sixth, Fourteenth, amendment. S… |
| 18A1253 | Niraj Prabhakar Patel v. Connecticut | Connecticut | 2019-06-03 | Presumed Complete | co-conspirator-statement confrontation-clause criminal-procedure hearsay sixth-amendment testimonial-evidence | Question not identified. | |
| 18-1502 | Brian Mark Burmaster v. Eli Lilly and Company | Sixth Circuit | 2019-06-03 | Denied | 6th-amendment civil-rights constitutional-rights drug-marketing due-process free-speech government-action government-intervention government-overreach government-regulation medical-ethics pharmaceutical pharmaceutical-liability pharmaceutical-litigation sixth-amendment | If a company's manufactured and marketed product, such as Eli Lilly's Zyprexa is cited by the US Government Quack (called a medical doctor?) as the mi… | |
| 18-1506 | Julian Martin v. United States | Seventh Circuit | 2019-06-03 | Denied | Response RequestedResponse WaivedRelisted (2) | co-defendant-statement confrontation-clause criminal-procedure cross-examination due-process evidence fair-trial hearsay reliability-of-evidence right-to-confront-witnesses sixth-amendment | Whether the District Court's express reliance on an out-of-court statement of a non-testifying co-defendant as a basis for finding the defendant guilt… |
| 18-1499 | Umesh Kaushal v. Indiana | Indiana | 2019-05-31 | Denied | Response WaivedRelisted (2) | due-process fourteenth-amendment guilty-plea immigration-consequences jury-trial plea-bargaining reasonable-probability resident-alien sixth-amendment | 1. When a resident alien pleads guilty to a crime, while ignorant of the immigration consequences, then discovers those consequences and demands a tri… |
| 18-9474 | Irving Madden v. Michael Melvin, Warden | Seventh Circuit | 2019-05-30 | Denied | Response WaivedIFP | 6th-amendment appellate-review constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense sixth-amendment strickland-standard | I. Whether or not the Seventh Circuit Court of Appeals decision in this case is consistent with this court's holding in Strickland v. Washington, 466 … |
| 18-9481 | Jerry Eugene Shrubb v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. | Third Circuit | 2019-05-30 | Denied | IFP | actual-innocence appeal cerebellar-degeneration constitutional-rights due-process ineffective-counsel miranda-violation petition-for-allowance-of-appeal sixth-amendment warrantless-search | Has the Appellant been denied Due Process of Law in that no Court has reasonably observed the actual claims raised by the Appellant? Has the warrantl… |
| 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 … |
| 18-9460 | Quentin Perry v. United States | Eighth Circuit | 2019-05-29 | Denied | IFP | 5th-amendment 6th-amendment armed-career-criminal-act due-process fifth-amendment jury-trial sixth-amendment statutory-interpretation vagueness | 1. Does the judicial determination of crimes "committed on occasions different from one another" under the Armed Career Criminal Act violate the Sixth… |
| 18-9463 | Michael Joseph Brooks, Jr. v. Louisiana | Louisiana | 2019-05-29 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-amendments criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict | Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti… |
| 18-9464 | Charles William Finney v. Florida | Florida | 2019-05-29 | Denied | IFP | aggravating-factors capital-murder capital-sentencing death-penalty florida-constitution jury-trial jury-unanimity mitigating-circumstances sixth-amendment | Whether the Sixth Amendment requires that a jury unanimously find all facts necessary to impose a death sentence in Florida, and whether Florida's cap… |
| 18-9470 | R. Jay Thompson v. Oklahoma | Oklahoma | 2019-05-29 | Denied | IFP | confrontation-clause evidence hearsay hearsay-statements sane-nurse sexual-assault sixth-amendment testimonial testimonial-evidence | 1. Are hearsay statements made to a SANE nurse by a witness complaining of sexual assault, who is not available at trial because of death, testimonial… |
| 18A1234 | Jackie Duncan v. United States | Tenth Circuit | 2019-05-29 | Presumed Complete | criminal-procedure evidence-rule fourth-amendment prior-bad-acts right-to-fair-trial sixth-amendment | Question not identified. | |
| 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… |
| 18-9446 | Davon Kelly Bennett v. United States | Fourth Circuit | 2019-05-28 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure cross-examination custodial-interrogation daubert-standard due-process evidence expert-witness-testimony motion-to-suppress rule-404b sixth-amendment | 1. Whether the District Court deprived Petitioner of his right to confront witnesses by limiting defense counsel's opportunity to cross-examine the go… |
| 18-9380 | Miguel Daniel Leal v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. | Ninth Circuit | 2019-05-22 | Denied | Response WaivedIFP | circuit-court-deference constitutional-interpretation constitutional-law due-process federal-courts ineffective-assistance-of-counsel ineffective-counsel marital-communications-privilege marital-privilege ninth-circuit-review sixth-amendment speedy-trial speedy-trial-rights state-courts supervisory-power supreme-court-dicta | Is United States Supreme Court dicta which interprets the U.S. Constitution authoritative and controlling on Federal and State Courts, or may Federal … |
| 18-1449 | Harold Lee Harvey, Jr. v. Florida | Florida | 2019-05-21 | Denied | arbitrary-factors constitutional-rights death-penalty eighth-amendment fourteenth-amendment hurst-v-florida judicial-decisions retroactive-application retroactivity ring-v-arizona sixth-amendment | Does the Florida Supreme Court's decision denying retroactive application of the Hurst decisions to Mr. Harvey violate the Eighth or Fourteenth Amendm… | |
| 18-9358 | Robert Joe Long v. Florida | Florida | 2019-05-20 | Denied | IFP | civil-rights due-process execution-witness fifth-amendment fifth-amendment-due-process first-amendment first-amendment-free-speech fourteenth-amendment fourteenth-amendment-equal-protection religious-freedom sixth-amendment sixth-amendment-right-to-counsel | WHETHER THE FLORIDA DEPARTMENT OF CORRECTION'S RESTRICTIONS ON MR. LONG'S EXECTUION WITNESS AND REFUSING TO ALLOW HIM TO HAVE A NON-CLERGYMAN AS HIS S… |
| 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… |
| 18-9325 | Davion L. Jefferson v. United States | Tenth Circuit | 2019-05-17 | GVR | Response RequestedResponse WaivedRelisted (2)IFP | 18-usc-924c constitutional-rights crime-of-violence directed-verdict due-process jury-trial jury-trial-clause sentencing-enhancement sixth-amendment statutory-interpretation | I. Did the district court violate the Fifth Amendment's Due Process Clause and the Sixth Amendment's Jury Trial Clause when it directed a verdict on 1… |
| 18-9329 | Sean M. Barnhill v. United States | Sixth Circuit | 2019-05-17 | Denied | Response WaivedIFP | appellate-standard certificate-of-appealability civil-procedure due-process evidentiary-hearing habeas-corpus judicial-procedure pro-se-petition section-2255 sixth-amendment sixth-circuit-review standard-of-review | Did the Sixth Circuit err by exceeding the scope of the COA analysis when it re-adjudicated the merits of pro se petitioner's § 2255, and then denied … |
| 18-9333 | Gustavo Gomez v. California | Ninth Circuit | 2019-05-17 | Denied | IFP | appeal case-law constitutional-rights court-of-appeals criminal-procedure due-process habeas-corpus judicial-review jurisdiction motion-to-amend sixth-amendment standing | Were this Petitioner's Sixth Amendment rights according to the United States Constitution violated by the United States Court of Appeal for the Ninth … |
| 18-9285 | Dean A. Schwartzmiller v. California | California | 2019-05-16 | Denied | Relisted (2)IFP | civil-rights constitutional-rights due-process equal-protection fourteenth-amendment free-speech overbreadth penal-code sixth-amendment vagueness void-for-vagueness | Is California Penal Code § 288 void for vagueness and over-breadth and contrary to the First, Sixth, and Fourteenth Amendment to the United States Con… |
| 18-9297 | Jeremy Shane Hall v. John Myrick, Superintendent, Two Rivers Correctional Institution | Ninth Circuit | 2019-05-16 | Denied | Response RequestedResponse WaivedRelisted (5)IFP | constitutional-rights criminal-procedure federal-habeas-corpus habeas-corpus ineffective-assistance professional-norms reasonableness-of-counsel record-evidence sixth-amendment state-post-conviction | Whether a court can disregard record evidence of the prevailing professional norms in assessing the reasonableness of counsel's action or inaction und… |
| 18-9299 | Frankie Karen Washington v. Deborah Johnson, Warden | Ninth Circuit | 2019-05-16 | Denied | Response WaivedIFP | appellate-review apprendi apprendi-v-new-jersey circuit-split constitutional-review harmless-error judicial-discretion sentencing sentencing-error sixth-amendment statutory-maximum | Under Apprendi v. New Jersey 530 U.S. 466 (2000), it violates the Sixth Amendment to sentence a defendant to a higher statutory maximum term based on … |
| 18-9310 | Roberto Nieto Cruz v. Texas | Texas | 2019-05-16 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure due-process extraneous-evidence extraneous-offense-testimony fair-trial ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard | I. The Court of Appeals erred by misapplying the first prong, and failing to consider the second prong, of the Strickland standard, with respect to th… |
| 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… |
| 18-1439 | Shanker Patel v. California | California | 2019-05-16 | Denied | Response Waived | accomplice-testimony cautionary-instruction circumstantial-evidence corroboration corroboration-requirement criminal-procedure due-process jury-instructions jury-trial sixth-amendment trial-rights | Where in sixteen States, including California, whence this present case arises, the law requires corroboration of an accomplice's testimony to sustain… |
| 18-9268 | Manuel Antonio Mejia Rivera v. Donna Kay McKinney, et al. | Fifth Circuit | 2019-05-15 | Denied | IFP | confrontation-clause constitutional-rights due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel self-defense sixth-amendment void-conviction witness-testimony | PETITIONER Mr. RIVERA ALLEGED THAT HIS TRIAL COUNSEL WAS INEFFECTIVE FOR FAILING TO CALL A WITNESS OF WHOM Mr RIVERA MADE HIM AWARE. PETITIONER WAS CO… |
| 18-9272 | Loren J. Larson, Jr. v. Nancy Dahlstrom, Commissioner, Alaska Department of Corrections | Alaska | 2019-05-14 | Denied | Response WaivedIFP | civil-rights due-process equal-protection jurisdiction juror-bias jury-bias no-impeachment-rule right-to-remain-silent sixth-amendment | 1. Does the Equal Protection clause of the Fourteenth Amendment require courts to apply a Sixth Amendment constitutional exception to a no-impeachment… |
| 18-9243 | Chima Edozie Aligwekwe v. United States | Eleventh Circuit | 2019-05-13 | Denied | Response WaivedIFP | acquittal double-jeopardy due-process judicial-discretion jury-trial restitution sentencing sixth-amendment | Whether the right to a jury trial as guaranteed by the Sixth Amendment is violated when a district court increases the defendant's prison sentence and… |
| 18-9239 | Dale Shoop v. Ralph Terry, Acting Warden | Fourth Circuit | 2019-05-13 | Denied | Relisted (2)IFP | constitutional-rights criminal-defense criminal-procedure effective-assistance-of-counsel preliminary-hearing right-to-testify sixth-amendment victim-testimony witness-impeachment witness-presence witness-testimony | 1. Was the Petitioner's Constitutional Sixth Amendment Right to Effective Assistance of Counsel violated when Counsel; (1) Failed to Admit the Victim'… |
| 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… |
| 18-9236 | Amy Gonzalez and David Thomas Matusiewicz v. United States | Third Circuit | 2019-05-10 | Denied | Response WaivedIFP | 18-usc-2261a,overbreadth,free-speech,first-amendme 6th-amendment 6th-amendment-unanimity,criminal-procedure,jury-in 6th-amendment,5th-amendment,sentencing,jury-trial, actus-reus criminal-procedure criminal-procedure,evidence,character-evidence,pre criminal-procedure,evidence,polygraph,crane-v-kent criminal-procedure,jury-instructions,causation,act criminal-verdict due-process jury-instruction jury-trial jury-unanimity sixth-amendment Whether 18 U.S.C. § 2261A is unconstitutionally ov Whether a person can be convicted for stalking res Whether Crane v. Kentucky 476 U.S. 683 690 (1986 Whether sentencing courts may continue to violate Whether the admissibility of a civil judicial opin | 1. The Sixth Amendment requires unanimity in jury verdicts. The question presented is: Whether juries must unanimously agree on the actus reus element… |
| 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 … | |
| 18-9169 | Andre McDaniels v. United States | Fifth Circuit | 2019-05-09 | Denied | Response WaivedIFP | 2255 6th-amendment appeal appeals certificate-of-appealability civil-rights court-reporter due-process fifth-amendment judicial-review jurisdiction pro-se-litigant sixth-amendment standing transcripts | I. Does a Pro-Se Petitioner forfeit his right to the protection of the Constitution when he is granted a C.0O.A. on the merits of his case, then not g… |
| 18-9196 | Delano Marco Medina, aka Michael David Allen Bell, aka William Anders Bryant v. United States | Tenth Circuit | 2019-05-09 | Denied | Response WaivedIFP | alibi-defense barker-factors cell-site-location-information constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel reason-for-delay self-representation sixth-amendment speedy-trial | In a Sixth Amendment Constitutional speedy trial analysis, will the second factor, the Reason-for-Delay weigh against the government when it intention… |
| 18-9205 | Antonio Ballesteros v. United States | Fifth Circuit | 2019-05-08 | Denied | Response WaivedIFP | confrontation-clause confrontation-clause-6th-amendment criminal-procedure importation machine-generated-data sentencing sentencing-guidelines sixth-amendment strict-liability | I. Whether GPS Data prepared specifically for an ongoing investigation and culled from several databases is machine generated data that implicates the… |
| 18-9173 | Paul Hillard Posey, Sr. v. Texas | Texas | 2019-05-07 | Denied | IFP | counsel-on-appeal due-process equal-protection habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment | Should the Sixth Amendment's constitutional guarantee to counsel on appeal, extend to habeas corpus when habeas corpus is the first opportunity to rev… |
| 18-9177 | Robert Murphy v. Ron Neal, Superintendent, Indiana State Prison | Seventh Circuit | 2019-05-07 | Denied | Response WaivedIFP | brady-violation cell-phones criminal-procedure digital-evidence due-process fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel miranda-rights privacy search-and-seizure sixth-amendment | Whether Murphy's Fifth, Sixth, Fourteenth Amendment rights and his Miranda were violated. Whether the court of Appeals violated Murphy's due process … |
| 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… |
| 18-9181 | Kwame Ali Askia v. United States | Eighth Circuit | 2019-05-07 | Denied | Response WaivedIFP | constitutional-law due-process exculpatory-evidence government-oversight indictment sixth-amendment statute-of-limitation statute-of-limitations | In adherence to the Five (5)Year Statute of Limitation and the submitted questions in support and protection of the Petitioner of the Alleged Claim of… |
| 18-9147 | Donald G. Flint v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-05-06 | Denied | Relisted (2)IFP | 5th-amendment 6th-amendment boykin-admonishments constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea judicial-precedent sixth-amendment supreme-court-precedent | 1) WAS THE FEDERAL DISTRICT COURT'S FINDING AND THE FIFTH CIRCUIT COURT'S FINDING CONTRARY TO THE PRECEDENT OF THE SUPREME COURT, AS WELL AS A VIOLATI… |
| 18-9150 | Peter Victor Ayika v. United States | Fifth Circuit | 2019-05-06 | Denied | Response WaivedIFP | appellate-procedure certificate-of-appealability constitutional-rights constitutional-speedy-trial effective-assistance-of-counsel ineffective-assistance-of-counsel sixth-amendment speedy-trial-act statutory-rights statutory-speedy-trial | [1]Whether a certificate of Appealability (COA) should issue to pursue the Sixth Amendment claim on appeal where petitioner's rights to Sixth Amendmen… |
| 18-9067 | Sharma Ross v. Christopher Miller, Superintendent, Great Meadow Correctional Facility | Second Circuit | 2019-05-03 | Denied | IFP | civil-rights criminal-procedure due-process fifth-amendment fourteenth-amendment sixth-amendment standing | PETITIONER DENIED HIS DUE PROCESS RIGHTS AS ENUMERATED UNDER WAS THE FIFTH, SIXTH AND FOURTEENTH AMENDMENT RIGHTS OF THE U.S. WHICH WERE WERE ADMITTED… |
| 18-9069 | Hector Rengifo v. United States | Third Circuit | 2019-05-03 | Denied | Response WaivedIFP | certificate-of-appealability circuit-court-split civil-procedure controlled-substance controlled-substance-offense court-of-appeals due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing-guidelines sixth-amendment standing supreme-court-precedent united-states-v-winstead | Whether two United States Court of Appeals has entered a decision in conflict with relevant decision of this Court. Whether Pennsylvania's statute fo… |
| 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… |
| 18-9130 | Shaun Allen Dick v. Oregon | Oregon | 2019-05-03 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-rights criminal-procedure due-process fourteenth-amendment incorporation incorporation-doctrine jury-unanimity sixth-amendment unanimous-jury-verdict unanimous-verdict | Does the Fourteenth Amendment fully incorporate the Sixth Amendment guarantee of a unanimous verdict? |
| 18-9134 | Joe Clopton v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-05-03 | Denied | Relisted (2)IFP | amending-indictment brady-violation burden-of-proof child-support cps-records criminal-procedure defense-strategy double-jeopardy due-process effective-assistance-of-counsel exculpatory-evidence false-allegations grand-jury ineffective-assistance lesser-included-offense medical-records nolo-contendere plain-error sixth-amendment social-worker-testimony | I. WHY WAS THE MEDICAL RECORDS NEVER INTRODUCED INTO EVIDENCE? 2. WHY WAS PETITIONER DENIED EFFECTIVE ASSIST. OF COUNSEL? A VIOLATION OF SIXTH AMENDM… |
| 18-1385 | Ruben Delhorno v. United States | Seventh Circuit | 2019-05-03 | Denied | Response Waived | coram-nobis criminal-procedure deportation-consequences habeas-corpus immigration immigration-consequences immigration-proceedings ineffective-assistance ineffective-assistance-of-counsel padilla-v-kentucky padilla-waiver sixth-amendment writ-of-error-coram-nobis | In Padilla v. Kentucky, 559 U.S. 356 (2010), this Court held that the Sixth Amendment imposes on attorneys representing non-citizen criminal defendant… |
| 18-9086 | Roel Daniel Galvan v. United States | Fifth Circuit | 2019-05-02 | Denied | Response WaivedIFP | carachuri-rosendo-v-holder criminal-procedure criminal-sentencing due-process felon-in-possession felony firearm-possession hypothetical-facts misdemeanor misdemeanor-predicate predicate-offense sentencing-enhancement sentencing-guidelines sentencing-guidelines-enhancement sixth-amendment united-states-sentencing-guidelines | WHETHER THE FOUR LEVEL ENHANCEMENT FOR POSSESSING A FIREARM IN CONNECTION WITH ANOTHER FELONY OFFENSE PURSUANT TO U.S.S.G. §2K2.1(b)(6)(B) APPLY WHEN … |
| 18-9088 | Charles W. Gray v. Indiana | Indiana | 2019-05-02 | Denied | IFP | appellate-counsel constitutional-rights due-process fifth-amendment fourteenth-amendment indiana-constitution ineffective-assistance ineffective-assistance-of-counsel sixth-amendment | Whether the State of Indiana has erred whether Petitioner received ineffective assistance of counsel in violation of his the Fifth, Sixth, and Fourtee… |
| 18-9094 | Marty J. Hebert v. Louisiana | Fifth Circuit | 2019-05-02 | Denied | Response WaivedIFP | autopsy-findings autopsy-testimony constitutional-error criminal-procedure discovery due-process exculpatory-evidence expert-witness fifth-amendment grand-jury grand-jury-testimony prosecutorial-misconduct second-degree-murder sixth-amendment | The State expert witness Dr. Emile Laga testified before the grand jury concerning his findings of the autopsy of the murder victim and the state secu… |
| 18-9106 | Daqone Lentell Williams v. United States | Sixth Circuit | 2019-05-02 | Denied | Response WaivedIFP | career-offender career-offender-predicate felony-complaints modified-categorical-analysis modified-categorical-approach prior-conviction sentencing-court sentencing-court-consideration sentencing-guidelines shepard-analysis shepard-v-united-states sixth-amendment unadopted-assertions | Whether a sentencing court may consider felony complaints, with unadopted assertions, under Shepard v. United States, 544 U.S. 13 (2005), when that co… |
| 18-9117 | Scotty Garnell Morrow v. Benjamin Ford, Warden | Georgia | 2019-05-02 | Denied | IFP | death-penalty death-sentence due-process eighth-amendment fourteenth-amendment hurst-v-florida judicial-fact-finding jury-trial jury-unanimity ring-v-arizona sentencing sixth-amendment | "The Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death." Hurst v. Florida, 136 S. Ct. 616, 619 (… |
| 18-9065 | Charlene Terry-Ann Walker Rosa v. Florida, et al. | Eleventh Circuit | 2019-05-01 | Denied | Response WaivedIFP | civil-rights criminal-procedure due-process fundamental-rights ineffective-assistance-of-counsel ineffective-counsel sixth-amendment strategic-decision strickland-v-washington | 1orwnether the us Courtof Appeals decision failed to the Us Supreme Courthrogt SH action under recsonableness review Counsels before the court found d… |
| 18-9044 | Troy Latrial Ramsey v. Jeff Premo, Superintendent, Oregon State Penitentiary | Ninth Circuit | 2019-04-30 | Denied | Response WaivedIFP | certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miller-el-standard miller-el-v-cockrell per-se-rule reasonable-jurist sixth-amendment strickland-v-washington | Whether the Ninth Circuit's ruling denying a certificate of appealability conflicts with this Court's ruling in Miller-El v. Cochrell, 537 U.S. 322, 3… |
| 18-9045 | Kevin Robinson v. Steven Johnson, Administrator, New Jersey State Prison | Third Circuit | 2019-04-30 | Denied | Response WaivedRelisted (2)IFP | 14th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fair-trial impartial-jury ineffective-assistance jury-impartiality self-incrimination sixth-amendment | Are trial attorneys obligated to protect every fundamental right entitled to defendants under the United States Constitutional Amendments? If so, did … |
| 18-9025 | Phillip Newton v. Louisiana | Louisiana | 2019-04-29 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | apodaca-v-oregon criminal-trial fourteenth-amendment johnson-v-louisiana jury-trial jury-unanimity sixth-amendment unanimous-verdict | The issue presented is whether the Sixth Amendment right to a jury trial requires an unanimous jury verdict and, if so, would that unanimity requireme… |
| 18-9027 | Marc Nielsen v. Brandon Kelly, Superintendent, Oregon State Penitentiary | Ninth Circuit | 2019-04-29 | Denied | Response WaivedIFP | certificate-of-appealability civil-procedure civil-rights due-process equitable-tolling habeas-corpus ineffective-assistance post-conviction-relief professional-conduct sixth-amendment statute-of-limitations | Whether petitioner's request for equitable tolling of the statute of limitations period set out in 28 U.S.C. S 2244(d) based on evidence of his post-c… |
| 18-9029 | Tyron James v. Kansas | Kansas | 2019-04-29 | Denied | IFP | appeal apprendi civil-rights constitutional-challenge conviction criminal-conviction criminal-procedure due-process retroactive-application retroactivity sentencing sentencing-guidelines sixth-amendment unconstitutional-error upward-departure | 1. May a conviction baded dn a unconstitutional hard o life Senfence be overturned at any time? 2. May this Courts decisionin Apprendi ar to what con… |
| 18-1359 | William Shannon Gresham v. Tennessee | Tennessee | 2019-04-29 | Denied | Response Waived | acquitted-conduct criminal-procedure double-jeopardy due-process jury-trial sentencing sentencing-enhancement sixth-amendment sufficiency-of-evidence | (1) Whether a trial court may use acquitted conduct by a jury that rejected the State's proof on a particular issue in order to enhance a defendant's … |
| 18-9002 | David Curtis Smith v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-04-26 | Denied | Response WaivedIFP | aedpa de-novo-review ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington | Whether the Petitioner was prejudiced under the Sixth Amendment due to trial counsel's failure to object to a concededly erroneous jury instruction an… |
| 18-9006 | Donald Ray Boles v. United States | Second Circuit | 2019-04-26 | Denied | Response WaivedIFP | appellate-review apprendi-rule apprendi-v-new-jersey constitutional-interpretation criminal-procedure criminal-sentencing due-process judicial-fact-finding judicial-precedent prior-conviction prior-convictions sentencing-enhancement sentencing-enhancements sixth-amendment | Whether the holding of Almendarez-Torres v. United States, 523 U.S. 224 (1998), which created a carve-out to the rule later adopted in Apprendi v. New… |
| 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 … |
| 18-8992 | Charles Lorraine v. Ohio | Ohio | 2019-04-25 | Denied | IFP | capital-punishment death-penalty death-sentence eighth-amendment judge-sentencing judicial-fact-finding jury-trial jury-verdict sixth-amendment spaziano-v-florida | Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida? |
| 18-8998 | Juan Garcia v. United States | Tenth Circuit | 2019-04-25 | Denied | Response WaivedIFP | compulsory-process constitutional-rights criminal-procedure deportation due-process governmental-bad-faith governmental-misconduct harmless-error material-witness sixth-amendment witness-deportation | I. Whether a defendant must prove governmental bad faith to establish a compulsory process clause violation? II. Whether, if a showing of governmenta… |
| 18-8944 | Timmy W. Doucet v. Louisiana | Louisiana | 2019-04-23 | Denied | Response WaivedIFP | criminal-procedure due-process evidence jury-deliberation jury-deliberations louisiana-criminal-code reasonable-doubt reversible-error sixth-amendment testimonial-evidence | Whether reasonable jurists determine that it was reversible error for the district court to permit the jury, over defense counsel's objections, to vie… |
| 18-8945 | Lorraine Black v. Life Unlimited, Inc. | Eighth Circuit | 2019-04-23 | Denied | Relisted (2)IFP | civil-procedure discrimination due-process equal-protection retaliation standing appointment-of-counsel civil-procedure civil-rights due-process sixth-amendment standing | 1. Did Appellants Court ERR By acknowledging TO Reply not Brifing The Documents presented the of Lof appearance legel Repreen tation? 2. Did Appenlts… |
| 18-8948 | Angel Morales De-Jesus v. United States | First Circuit | 2019-04-23 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment conspiracy due-process leadership-enhancement mandatory-minimum sentencing sixth-amendment | 1. At Sentencingthe District Court calculated a higher oftense tevel than the plea to the united states Constitution? 2. Angel morates-De Jesus agree… |
| 18-8952 | Boris Murphy v. United States | Fourth Circuit | 2019-04-23 | Denied | Response WaivedIFP | 2255-motion 6th-amendment conflict-of-interest deficient-performance direct-appeal due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sixth-amendment | Did the Fourth Circuit review the District Courts error in denying petitioners 28 U.S.C. 2255 claim de novo that was based on conflict of interest and… |
| 18-8955 | Gregory Butler v. Steven Johnson, Administrator, New Jersey State Prison, et al. | Third Circuit | 2019-04-23 | Denied | IFP | 14th-amendment 6th-amendment certificate-of-appealability confrontation-clause criminal-procedure cross-examination due-process evidence fourteenth-amendment jury-instructions other-crimes-evidence sixth-amendment trial-fairness witness-confrontation | Whether the district court and the third circuit erred in refusing to issue a certificate of appealability when it determined the admission of the oth… |
| 18-8961 | Dion Thomas v. United States | Eighth Circuit | 2019-04-23 | Denied | Response WaivedIFP | abuse-of-discretion blackledge-v-allison civil-rights district-court due-process evidentiary-hearing evidentiary-hearing-discretion habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ins-v-phinpathya plea-bargaining plea-negotiations rose-v-lundy sixth-amendment standing unsworn-statements | QUESTION # ONE: Whether the District Court abused it's discretion by failing to conduct an evidentiary hearing by relying upon the unsworn statements … |
| 18-8969 | Ronald Lunsford, Jr. v. Indiana | Indiana | 2019-04-23 | Denied | IFP | criminal-procedure double-jeopardy effective-assistance-of-counsel fourteenth-amendment guilty-plea indiana-constitution ineffective-assistance-of-counsel motion-to-dismiss sixth-amendment | Whether the State of Indiana erred in denying Appellant was deprived of effective assistance of counsel in violation of the Sixth and Fourteenth Amend… |
| 18-8970 | John William King v. Texas | Texas | 2019-04-23 | Denied | IFP | capital-punishment criminal-procedure death-penalty habeas-corpus ineffective-assistance-of-counsel lesser-included-offense mccoy-v-louisiana retroactivity sixth-amendment sixth-amendment-right-to-counsel teague-analysis teague-v-lane watershed-rule | 1. Whether McCoy applies when a defendant's attorneys concede, against his wishes, his guilt to a lesser-included offense during final argument, and i… |
| 18-8871 | Roy L. Rambo v. Patrick Nogan, Administrator, East Jersey State Prison, et al. | Third Circuit | 2019-04-22 | Denied | Response WaivedIFP | 6th-amendment aedpa antiterrorism-and-effective-death-penalty-act asset-freezing counsel-of-choice criminal-prosecution due-process personal-assets sixth-amendment state-court-ruling | 1. Whether the Sixth Amendment right to counsel of choice was violated when a state court issued an order which froze the defendant's lawfully acquire… |
| 18-8888 | Nexis Rene Gomez v. Ken Clark, Acting Warden | Ninth Circuit | 2019-04-22 | Denied | Response WaivedIFP | abuse-of-discretion civil-procedure constitutional-rights due-diligence due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rule-60(b) sixth-amendment | Did the Ninth Circuit erred in finding that petitioner did not showed that jurist of reason would find it debatable whether the district court abused … |
| 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… | |
| 18-8913 | Esteban Aguilera-Alvarez v. United States | Fifth Circuit | 2019-04-19 | Denied | Response WaivedIFP | constitutional-law criminal-law criminal-procedure due-process precedent sentencing sixth-amendment supreme-court | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 18-8915 | Jonathan Zepeda v. United States | Ninth Circuit | 2019-04-19 | Denied | Response WaivedIFP | 18-usc-3006a appellate-waiver criminal-procedure criminal-procedure-appeal due-process fifth-amendment independent-counsel judicial-manipulation sentencing sixth-amendment standing waiver | As matters of first impression: Whether a n individual 's challenge to the constitutionality of his sentence and case proceedings in a criminal prose… |
| 18-8923 | Ryan Watkins v. Norm Robinson, Warden | Sixth Circuit | 2019-04-19 | Denied | Response WaivedIFP | appeals appeals-court criminal-procedure district-court due-process federal-courts federal-law habeas-corpus post-conviction-relief re-sentencing sentencing sixth-amendment sixth-circuit successive-petition | Whether Petitioner was entitled to present his claims after re-sentencing to the United States District Court of appeals. Whether the Sixth Circuit C… |
| 18-8897 | Corlious C. Dyson, aka Corlious Corall Dyson v. Louisiana | Louisiana | 2019-04-18 | GVR | Relisted (2)IFP | criminal-conviction criminal-procedure due-process fourteenth-amendment incorporation-doctrine jury-trial non-unanimous-verdict sixth-amendment | Does the right to a jury trial guaranteed by the Sixth Amendment, as applied to the States through the Fourteenth Amendment, allow a criminal convicti… |
| 18-8902 | Gustav Kloszewski v. United States | Second Circuit | 2019-04-18 | Denied | Response WaivedIFP | confrontation-clause constitutional-interpretation Crawford-precedent crawford-v-washington criminal-procedure due-process evidence evidence-admissibility precedent sixth-amendment testimonial-statements | Did the lower court fail to follow this Court's precedent in Crawford v. Washington, 541 U.S. 36 (2004). |
| 18-8872 | In Re Samuel Lewis Surles | 2019-04-17 | Dismissed | Relisted (2)IFP | actual-innocence appellate-review civil-rights constitutional-law criminal-procedure due-process equal-protection federal-procedure ineffective-assistance-of-counsel interrogation judicial-interpretation sixth-amendment | I. PETITIONER WAS DENIED HIS UNALIENABLE RIGHT OF DUE PROCESS OF LAW WHEN THE MICHIGAN SUPREME COURT FAILED TO RULE ON THE MERITS OF PETITIONER'S APP… | |
| 18-8854 | Steve Zinnel v. United States | Ninth Circuit | 2019-04-16 | Denied | Response WaivedIFP | bankruptcy-fraud bankruptcy-schedules constructive-amendment due-process fifth-amendment fourteenth-amendment judicial-fact-finding sentencing-guidelines sixth-amendment stirone-v-united-states wamu-personal-checking-account | Whether there was an unconstitutional constructive amendment or prejudicial variance that tainted all counts, caused by the confluence of the governnn… |
| 18-8860 | David Clum, Jr. v. Gene Beasley, Warden | Eighth Circuit | 2019-04-16 | Denied | Response WaivedIFP | constitutional-rights due-process due-process,fifth-amendment,habeas-corpus,pro-se,a equal-protection habeas-corpus pro-se pro-se-litigation sixth-amendment supervisory-powers | Whether the Eighth Circuit Court of Appeals violated the Fifth Amendment-Due Process Rights of the Petitioner by applying different standards and meth… |
| 18-1306 | Fred Anderson, Jr. v. Florida | Florida | 2019-04-16 | Denied | Amici (3) | advisory-jury capital-punishment capital-sentencing death-penalty florida-supreme-court harmless-error hurst-v-florida judge-sentencing jury-trial jury-verdict sixth-amendment structural-error | 1. Whether a judge-imposed death sentence that violates Hurst is a structural error requiring reversal of the sentence. 2. Whether a Hurst violation … |
| 18-1298 | Mario Dion Woodward v. Alabama | Alabama | 2019-04-15 | Denied | arbitrary-and-discriminatory cruel-and-unusual-punishment death-penalty eighth-amendment fourteenth-amendment judicial-override jury-sentencing repealed-statute sentencing sixth-amendment | Pursuant to Ala. C. § 13-A-5-47(e)(1975), Alabama previously allowed trial judges to override a jury's vote for a life sentence and, based on new evid… | |
| 18-8823 | Omer Al Obaidy v. Kevin K. McAleenan, Acting Secretary of Homeland Security, et al. | Eighth Circuit | 2019-04-15 | Denied | Response WaivedIFP | 10th-amendment 4th-amendment 5th-amendment 6th-amendment civil-rights due-process false-arrest fifth-amendment fourth-amendment immigration immigration-removal self-incrimination sixth-amendment tenth-amendment unlawful-seizure | 1) dose petitioner who have lived in the U.S. for period of 14 years with proof of education and clear record of any criminal or misdemeanor charges d… |
| 18-8826 | Omar Christopher Miller v. United States | Second Circuit | 2019-04-15 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | circuit-split constitutional-rights criminal-procedure due-process impartial-jury juror-bias jury-impartiality law-enforcement sixth-amendment | Whether the Sixth Amendment right to an impartial jury is violated when prospective jurors are allowed to conceal facts that indicate possible bias - … |
| 18-8811 | Antonio Darset King, Sr. v. United States | Eleventh Circuit | 2019-04-12 | Denied | Response WaivedIFP | 4th-amendment civil-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel search-and-seizure search-warrant sixth-amendment standing voir-dire | 1. Whether the United States Court of Appeals Erred in failing to Grant Petitioner King relief As to the denial of Suppress the search warrant Execute… |
| 18-8786 | Stephen Krell v. Louisiana | Louisiana | 2019-04-11 | Denied | Response WaivedIFP | constitutional-rights controlling-legal-principles deficient-advice effective-assistance-of-counsel legal-principles misapprehension-of-case plea-bargaining sixth-amendment trial-counsel trial-counsel-incompetence | Whether the Sixth Amendment's right to the effective assistance to counsel during the plea bargaining stages of the proceeding is implicated when tria… |
| 18-8753 | Carl Devon Powell v. California | California | 2019-04-10 | Denied | IFP | aggravating-circumstances constitutional-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury jury-beyond-reasonable-doubt jury-fact-finding mitigating-circumstances reasonable-doubt sixth-amendment | Does California's death penalty scheme, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt (1) th… |
| 18-8776 | Tam Le v. Louisiana | Louisiana | 2019-04-10 | Denied | Response RequestedResponse WaivedRelisted (5)IFP | constitutional-rights daubert-standard due-process expert-testimony fair-trial fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel non-unanimous-jury sixth-amendment | Reasonable jurors would determined that Mr. Le was convicted by a non-unanimous jury in violation of his rights under the Fifth, Sixth, and Fourteenth… |
| 18-8738 | Noe Machado-Erazo and Jose Martinez-Amaya v. United States | District of Columbia | 2019-04-09 | Denied | Response WaivedIFP | circuit-split criminal-law criminal-law-procedure criminal-procedure due-process harmless-error jury-trial physical-force sixth-amendment statutory-interpretation | I. Whether a state statute can be said to require the "use, attempted use, or threatened use of physical force against the person or property of anoth… |
| 18-8763 | Terry Walker v. United States | Seventh Circuit | 2019-04-09 | Denied | Response WaivedIFP | criminal-procedure due-process judicial-fact-finding jury-finding jury-trial plea-agreement plea-bargaining recharaterization sentencing sixth-amendment statutory-interpretation | 1) Can a sentencing court consistent with the Sixth Amendment to the United States Constitution recharaterize a defendant's conviction into conduct th… |
| 18-8727 | Corey Wiggins v. Stanley Payne, Warden | Eighth Circuit | 2019-04-08 | Denied | IFP | certificate-of-appealability constitutional-rights criminal-procedure failure-to-investigate habeas-claim habeas-corpus ineffective-assistance ineffective-assistance-of-counsel second-degree-murder sixth-amendment voluntary-manslaughter | WHETHER THE BELOW COURT, EIGHTH CIRCUIT COURT OF APPEALS ERRED IN WHETHER THE BELOW COURT, EIGHTH CIRCUIT COURT OF APPEALS, ERRED IN REFUSING TO GRANT… |
| 18-8712 | John Hummel v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-04-05 | Denied | IFP | character-and-record death-penalty future-dangerousness ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence pretrial-incarceration sixth-amendment sixth-amendment-right-to-counsel strickland-standard strickland-v-washington trial-counsel | 1. In Skipper v. South Carolina, 476 U.S. 1 (1986), the trial court ruled as irrelevant the testimony of two jailers and a "regular visitor" that Skip… |
| 18-8713 | Briand Williams v. California | California | 2019-04-05 | Dismissed | 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… |
| 18-8715 | Quillie Merle Spray v. Kelly A. Ryan, Superintendent, State Correctional Institution at Shirley | First Circuit | 2019-04-05 | Denied | Response WaivedIFP | constitutional-law criminal-procedure effective-counsel fair-trial insanity-defense mental-evaluation sixth-amendment | Whether the Court of Appeals correctly decided an important question of constitutional law: that the Petitioner was denied his right to effective coun… |
| 18-8699 | Marckenson Chery v. United States | Eleventh Circuit | 2019-04-04 | Denied | Response WaivedIFP | 18-usc-2422b criminal-offense criminal-offense-element double-jeopardy fifth-amendment indictment sixth-amendment statutory-interpretation | Whether an indictment for violation of 18 U.S.C. § 2422(b) must identify the ''criminal offense'' element in order to meet the required nature of the … |
| 18-8702 | Vernon Carter v. Mark S. Inch, Secretary, Florida Department of Corrections | Florida | 2019-04-04 | Denied | IFP | fifth-amendment fourth-amendment habeas-corpus illegal-traffic-stop ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress sixth-amendment | Certiorari Review should be granted where the Florida Supreme Court affirmed the denial of Carter's Petition for Writ of Habeas Corpus by a person in … |
| 18-8707 | Wallace G. Carlyle v. Sherman Campbell, Warden | Sixth Circuit | 2019-04-04 | Denied | IFP | constitutional-rights effective-assistance-of-counsel fourteenth-amendment history-of-abuse ineffective-assistance mental-retardation plea-bargaining plea-withdrawal right-to-jury-trial sixth-amendment | DID TRIAL COUNSEL'S FAILURE TO ADEQUATELY CONSIDER MR. CARLYLE'S MENTAL RETARDATION AND HISTORY OF ABUSE, AND OTHER VARIOUS ACTS, DEPRIVE DEFENDANT OF… |
| 18-8670 | Demetrius Terrence Frazier v. Alabama | Alabama | 2019-04-02 | Denied | IFP | capital-punishment capital-sentencing constitutional-interpretation cruel-and-unusual-punishment death-penalty death-penalty-sentencing due-process equal-protection judicial-fact-finding jury-fact-finding jury-sentencing jury-trial retroactive-rule retroactivity sixth-amendment | 1. Does Alabama's insistence that a judge, not a jury, can weigh the mitigating and aggravating factors and sentence a person to death directly confli… |
| 18-8673 | Jamael Stubbs v. United States | Third Circuit | 2019-04-02 | Denied | Response WaivedIFP | 133 S.Ct. 2151 (2013) 6th-amendment alleyne-precedent alleyne-v-united-states constructive-amendment due-process ineffective-assistance sentencing sentencing-challenge sixth-amendment trial-counsel | Whether trial counsel rendered ineffective assistance by failing to preserve either a sentencing challenge or a constructive amendment claim under All… |
| 18-8676 | Ronald Smith v. United States | Ninth Circuit | 2019-04-02 | Denied | Response WaivedIFP | counsel criminal-procedure district-court due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review legal-remedy post-conviction-relief sixth-amendment | Whether the district court violated Petitioner's Sixth Amendment rights by failing to return him to his original position absent the ineffective assis… |
| 18-8639 | Anthony Franklin v. Patrick Nogan, Administrator, East Jersey State Prison, et al. | Third Circuit | 2019-04-01 | Denied | IFP | due-process equal-protection faretta-hearing faretta-v-california habeas-corpus pro-se-representation self-representation sixth-amendment third-circuit third-circuit-law | Whether the district court err in denying a Writ of Habeas Corpus to Petitioner, and by Holding that Petitioner's multiple interjections did not amoun… |
| 18-8643 | Joseph Lee Flores v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-04-01 | Denied | IFP | bias criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel juror-bias jury-selection sixth-amendment trial-counsel voir-dire | WHETHER VENIREMAN WHO STATED DURING VOIR DIRE THAT HIS ABILITY TO BE FAIR WOULD BE AFFECTED BY PRIOR EXPERIENCE WITH CRIME EXPRESS BIAS, RENDERING COU… |
| 18-8644 | Emanuel L. Finch, Sr. v. Bradley Graham, et al. | Ninth Circuit | 2019-04-01 | Denied | Response WaivedIFP | confrontation-clause confrontation-clause,compulsory-process,miranda-ri consent-to-search constitutional-rights criminal-procedure due-process fair-trial materiality-of-false-testimony miranda-rights sixth-amendment sufficiency-of-evidence weight-of-evidence | Whether it is a question of Law for the Supreme Court of the United States to determine the conduct complained of? Whether the Petitioner have a Cons… |
| 18-8645 | David Dean Harris v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-04-01 | Denied | IFP | appeal-procedure constitutional-violation due-process ineffective-assistance-of-counsel ineffective-counsel presumption-of-innocence sixth-amendment supreme-court-precedent victim-identification witness-testimony | WAS THE STATES USE OF THE COMPLAINING WITNESSES NAME SPECIFICALLY AS THE VICTIM A VIOLATION OF PRESUMPTION OF INNOCENCE, SUPREME COURT PRECEDENT, UNIT… |
| 18-8652 | Ammar Asimfaruq Harris v. Nevada | Nevada | 2019-04-01 | Denied | IFP | 5th-amendment capital-case constitutional-error due-process fair-trial fifth-amendment fourteenth-amendment harmless-error jury sixth-amendment | Whether Mr. Harris' rights under the Fifth, Sixth and Fourteenth amendments to a fair trial by jury were violated when the Nevada Supreme Court incorr… |
| 18-8655 | Nicholas Ryan Holloway v. Wendy Kelley, Director, Arkansas Department of Correction | Eighth Circuit | 2019-04-01 | Denied | Response WaivedIFP | appellate-attorney appellate-review ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-counsel prejudice prejudice-analysis sixth-amendment sixth-amendment-right-to-counsel strickland-standard trial-counsel | Mr. Holloway alleges that his post-conviction counsel's ineffectiveness prejudiced the defense when he failed to seek suppression of incriminating evi… |
| 18-8660 | Tyree Mansell v. United States | Third Circuit | 2019-04-01 | Denied | Response WaivedIFP | acquitted-conduct due-process fifth-amendment jury-trial jury-trial-right sentencing sentencing-guidelines sixth-amendment | Whether the use of acquitted conduct to increase Mr. Mansell's Sentencing violates the Sixth Amendment jury trial right. |
| 18-8600 | Tony McLeod v. United States | Ninth Circuit | 2019-03-29 | Denied | Response WaivedIFP | cell-phones circuit-split criminal-evidence digital-forensics expert-testimony federal-rules-of-evidence fourth-amendment internet-anonymity lay-testimony mens-rea rule-702 sixth-amendment statutory-interpretation | 1. Whether using Cellebrite technology to download forensic digital evidence from a cell phone requires specialized or technical knowledge so that the… |
| 18-8621 | Roummel Ingram v. John Prelesnik, Warden | Sixth Circuit | 2019-03-29 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel public-trial sixth-amendment sixth-circuit | Whether Mr. Ingram is entitled to a new trial, or alternatively a full evidentiary hearing, because his trial and appellate counsel rendered constitut… |
| 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… | |
| 18-8581 | Robert Nicholas Brooks v. United States | Fifth Circuit | 2019-03-27 | Denied | Response WaivedIFP | bank-fraud commerce-clause constitutional-rights due-process fifth-amendment grand-jury grand-jury-indictment sixth-amendment subject-matter-jurisdiction tax-fraud venue wire-fraud | Question 1: Whether the Supreme Court is obliged to address and determine whether the District and Appellate Courts violated Petitioner's Fifth and Si… |
| 18-8583 | Gilbert Postelle v. Mike Carpenter, Interim Warden | Tenth Circuit | 2019-03-27 | Denied | IFP | capital-punishment eighth-amendment flynn-effect fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel intellectual-disability mitigating-evidence sixth-amendment | 1. Whether it violates the Sixth, Eighth, and Fourteenth Amendments for a state to defeat a post-conviction claim of ineffective assistance of counsel… |
| 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? |
| 18-8568 | David Piper v. United States | Fifth Circuit | 2019-03-26 | Denied | Response WaivedIFP | abuse-of-discretion compulsory-process criminal-procedure defense-witnesses due-process federal-rules-of-criminal-procedure habeas-corpus sixth-amendment standard-of-review trial-rights witness-production | I. Whether Petitioner was deprived of compulsory process under the Due Process Clause of the Fifth Amendment and the Compulsory Process Clause of the … |
| 18-8570 | Damien Preston v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. | Third Circuit | 2019-03-26 | Denied | Response WaivedIFP | circuit-court-conflict circuit-court-decisions confrontation-rights constitutional-claims constitutional-violation harmless-error ineffective-assistance jury-determination prejudice sixth-amendment strickland-standard strickland-v-washington | THE QUESTIONS PRESENTED WAS CREATED AS A RESULT OF THE THIRD CIRCUIT COURT OF APPEALS THREE JUDGE PANEL, MADE A PRECEDENTIAL DECISION, THAT THE PETITI… |
| 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… |
| 18-8577 | Gerald W. Long v. Illinois | Illinois | 2019-03-26 | Denied | Response WaivedIFP | constitutional-rights due-process evidence evidence-admission fifth-amendment fourteenth-amendment impartial-jury sixth-amendment trial trial-procedure | I. Did the Trial Court err when it concluded that Gerald Long's Fourth Amendment right proscribing unreasonable searches and seizures was not violated… |
| 18-8529 | Michael Craig Smith v. Illinois | Illinois | 2019-03-25 | Denied | IFP | constitutional-rights due-process equal-protection fourteenth-amendment ineffective-assistance post-conviction sixth-amendment | Whether counsel on appeal from dismissal of post-conviction petition provided ineffective assistance in violation of Petitioner's Sixth amendment righ… |
| 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… | |
| 18-8526 | Marcel Henderson v. United States | First Circuit | 2019-03-22 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment circuit-court-split criminal-procedure dixon-standard due-process fifth-amendment imminent-threat justification-defense sixth-amendment | Were the petitioner's Fifth and Sixth Amendment rights violated by the ambiguity of the Dixon standard as applied regarding what constitutes a "well-f… |
| 18-8491 | Ernest Marquis Flowers v. Laura Uriarte, et al. | Florida | 2019-03-20 | Denied | IFP | appeal civil-rights civil-rights-violation constitutional-rights criminal-procedure due-process habeas-corpus judicial-review malicious-prosecution prosecutorial-misconduct sentencing sixth-amendment unlawful-detention | WHETHER PETITIONER WAS ILLEGALLY DETAINED IN THE FLORIDA DEPARTMENT OF CORRECTIONS UNDER FULLY ENFORCEABLE VERDICTS CONTRARY TO FLORIDA SUPREME COURT … |
| 18-8500 | Nickey Ardd v. United States | Sixth Circuit | 2019-03-20 | Denied | Response WaivedIFP | appellate-review civil-rights confidential-informant due-process entrapment fourth-amendment ineffective-assistance-of-counsel search-warrant sixth-amendment warrant-requirement | Consistent with this Court's decision in Roviaro v. United States, 353 U.S. at 60-61 (1963). When the disclosure of the name of confidential informant… |
| 18-8433 | Emond Durea Logan v. United States | Sixth Circuit | 2019-03-18 | Denied | Response WaivedIFP | criminal-proceedings effective-assistance-of-counsel plea-negotiations sixth-amendment strickland-v-washington totality-of-circumstances | Whether a defendant may be entitled, at least under some circumstances, to relief as a result of an attorney's ineffective assistance, even if another… |
| 18-8439 | Richard Larry Lacey v. Oregon | Oregon | 2019-03-18 | Denied | Response WaivedIFP | courtroom-removal defendant-misconduct forfeiture misconduct right-to-representation self-representation sixth-amendment trial-rights waiver waiver-forfeiture | Does a self-represented defendant waive or forfeit his Sixth Amendment right to representation, when the defendant intentionally engages in misconduct… |
| 18-8442 | Marc Dutch v. United States | Tenth Circuit | 2019-03-18 | Denied | Response WaivedIFP | 6th-amendment apprendi criminal-procedure indictment jury prior-convictions sentencing sixth-amendment statutory-interpretation | Given that the Sixth Amendment and Apprendi prohibit a sentencing judge from finding facts about a prior conviction, does 18 U.S.C. § 924(e)(1)'s requ… |
| 18-8405 | Mohammed Suleiman Roble v. United States | District of Columbia | 2019-03-15 | Denied | Response WaivedIFP | confrontation-clause criminal-defense criminal-defense-attorney-ineffectiveness due-process exculpatory-evidence government-evidence ineffective-assistance pre-trial-proceedings reasonableness sixth-amendment strickland-v-washington | DOES STRICKLAND v. WASHINGTON, 466 US 668, 80 L Ed Qd 674, 104 S Ct 2052 REQUIRE THE GOVERNMENT'S EVIDENCE TO BE WEAK TO FIND A CRIMINAL DEFENSE ATTOR… |
| 18-8432 | Kelly Foust v. Ohio | Ohio | 2019-03-15 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | capital-defendant capital-punishment capital-sentencing constitutional-interpretation criminal-procedure death-penalty hurst-precedent hurst-v-florida jury jury-waiver sixth-amendment | Does Ohio's death penalty scheme in which a jury's death verdict is a mere recommendation and in which a death sentence may not be imposed unless a ju… |
| 18-1202 | Pedro Montalvo, Jr. v. Ohio | Ohio | 2019-03-15 | Denied | 6th-amendment child-pornography computer-age constitutional-rights criminal-procedure doyle-violation due-process massiah-doctrine obscenity right-to-defense scienter sixth-amendment strict-liability | 1. Whether Ohio's imposition of strict liability for even inadvertent, accidental or unknowing dissemination of child pornography violates due process… | |
| 18-8415 | John L. Lotter v. Nebraska | Nebraska | 2019-03-13 | Denied | IFP | capital-punishment capital-sentencing death-penalty due-process eighth-amendment fourteenth-amendment judicial-discretion jury-trial sentencing sixth-amendment | 1. Does Nebraska's capital sentencing scheme requiring a three-judge panel, rather than a jury, to impose a sentence of death violate the Eighth Amend… |
| 18-8420 | Kevin Anthony Briggs v. Montana | Montana | 2019-03-13 | Denied | Response WaivedIFP | constitutional-rights defendant-responsibility defense-counsel presumption presumption-of-delay rescheduling-trial sixth-amendment sixth-amendment-claim speedy-trial trial-delay withdrawal-of-counsel | Whether a delay caused by permissive withdrawal of defense counsel, and the subsequent delay in rescheduling trial, is presumed to be caused by a defe… |
| 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… |
| 18-1181 | Tim Shoop, Warden v. Ahmad Fawzi Issa | Sixth Circuit | 2019-03-12 | Denied | Relisted (2) | aedpa aedpa-standard confrontation-clause crawford-v-washington due-process federal-court-review habeas-corpus retroactivity sixth-amendment state-prisoner-rights supreme-court-precedent | At Ahmad Issa's 1998 trial, two witnesses described statements that their friend (and Issa's accomplice) made to them about Issa's involvement in a mu… |
| 18-8371 | Martin E. Grant v. Michigan | Michigan | 2019-03-11 | Denied | Response WaivedIFP | 6th-amendment due-process effective-assistance-of-counsel equal-protection first-degree-murder life-imprisonment motion-for-relief-from-judgment plea-bargaining sixth-amendment | Whether Petitioner has been denied the effective assistance of counsel guaranteed by the 6th Amendment to the United States Constitution, during the p… |
| 18-8340 | Victor Roblero v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation | Ninth Circuit | 2019-03-08 | Denied | IFP | constitutes a violation of the Sixth Amendment ri specifically the failure to investigate and prese appeal capital-punishment criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel intellectual-disability mental-health sixth-amendment | Question not identified. |
| 18-8319 | Jason Ray Flick v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. | Third Circuit | 2019-03-07 | Denied | IFP | abuse-of-discretion change-of-venue fair-trial fourteenth-amendment impartial-jury jury-impartiality presumption-of-prejudice pretrial-publicity sixth-amendment | I) Was petitioner denied a fair trial by trial courts abuse of discretion? II) Was petitioner denied effective assistance of counsel when counsel fai… |
| 18-8325 | Amaury Villa v. United States | Second Circuit | 2019-03-07 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process ineffective-assistance sentencing sentencing-calculation sentencing-guidelines sixth-amendment standard-of-review trial-procedure u-s-sentencing-guidelines | 1. Whether appellant received the effective assistance of counsel? 2. Whether appellant's sentence was properly calculated? |
| 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… |
| 18-8295 | Raymond Lumsden v. Texas | Texas | 2019-03-06 | Denied | IFP | ake ake-v-oklahoma constitutional-rights cruel-and-unusual-punishment cumulative-error-doctrine dna-expert due-process effective-assistance-of-counsel eighth-amendment ineffective-assistance-of-counsel sixth-amendment strickland-v-washington | Did the Court of Appeals commit err by affirming the trialcourt's erroneous denial of additional funds for the defenses DNA Expert to testify at trial… |
| 18-8300 | Paul Glen Everett v. Florida | Florida | 2019-03-06 | Denied | IFP | capital-case capital-punishment constitutional-defect harmless-error harmless-error-review hurst-v-florida jury-unanimity sixth-amendment sixth-amendment-error structural-defect structural-error trial-mechanism | 1. Whether the Sixth Amendment error identified by this Court in Hurst v. Florida is a structural defect that infects the entire constitutionality of … |
| 18-8275 | Brian Sawyers v. United States | Ninth Circuit | 2019-03-05 | Denied | Response WaivedIFP | civil-rights criminal-justice criminal-procedure due-process equal-protection implicit-bias jury-instruction jury-instructions jury-selection racial-bias racial-discrimination racial-prejudice sixth-amendment voir-dire | Whether the federal district court should give an implicit bias jury instruction upon request where other courts have recognized that implicit bias is… |
| 18-8282 | Jason Andrew Wright v. Oregon | Ninth Circuit | 2019-03-05 | Denied | Response WaivedIFP | appellate-review certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel judicial-discretion sixth-amendment strickland-standard strickland-v-washington | Did the Court of Appeals err in denying a certificate of appealability on the petitioner's claim which was brought pursuant to Strickland v. Washingto… |
| 18-8291 | Juanita Garcia v. Deborah Johnson, Warden | Ninth Circuit | 2019-03-05 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure evidence habeas habeas-corpus ineffective-assistance-of-counsel prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington | In order to obtain federal habeas relief for a violation of the Sixth Amendment right to the effective assistance of counsel, Strickland v. Washington… |
| 18-8238 | Rafael Gomez Uranga v. United States | Eleventh Circuit | 2019-03-04 | Denied | Response WaivedIFP | barker-v-wingo circuit-split constitutional-rights due-process government-delay government-negligence governmental-negligence gross-negligence prejudice sixth-amendment speedy-trial united-states-v-doggett | The question presented here is whether a speedy trial delay caused exclusively by the gross negligence of the Government weighs heavily against the Go… |
| 18-8242 | Jody Ford McCreary v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-03-04 | Denied | IFP | civil-procedure collateral-review due-process effective-assistance-of-counsel federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-review procedural-default sixth-amendment standing state-court strickland-standards substantive-claim | Did The United States Court of Appeals Fifth Circuit abuse its discretion in Denying Certificate of Appealability of the denial of the Amendment of th… |
| 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… |
| 18-8259 | Nickie Thomas Gray, Jr. v. United States | Sixth Circuit | 2019-03-04 | Denied | Response WaivedIFP | buck-v-davis certificate-of-appealability civil-rights debatable-standard due-process fourth-amendment habeas-corpus ineffective-assistance-of-counsel jurist-of-reason law-enforcement sixth-amendment sixth-circuit | Gty Was Initially represented by counsel when he filed his § 2255, and application for a certificate of appealability The Court below along with the t… |
| 18-8182 | Monty M. Shelton v. Gene Beasley, Warden | Eighth Circuit | 2019-03-01 | Denied | Response WaivedIFP | actual-innocence due-process fair-hearing habeas-corpus miscarriage-of-justice non-capital obstruction procedural-hurdles savings-clause sixth-amendment | Should meritorious actual innocence claims in non-capital Habeas Corpus filings overcome all procedural hurdles and be afforded at least one full and … |
| 18-8207 | Wayland Lynn Dilts v. Michigan | Michigan | 2019-03-01 | Denied | IFP | constitutional-rights courtroom-closure criminal-procedure due-process fair-trial fundamental-fairness new-trial public-trial secret-trial sixth-amendment trial-fairness | During Petitioner's jury trial, in state court, the prosecutor requested that the trial court "close the courtroom For that reason, the trial court th… |
| 18-8231 | Alvin Stanley Briggs, Jr. v. United States | Eighth Circuit | 2019-03-01 | Denied | Response WaivedIFP | appellate-review constitutional-review counsel-claim court-of-appeals criminal-procedure district-court due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment | WIETHER THE COURT OF APPEALS ERRED IN AFFIRMING THE DISTRICT COURT'S DENIAL OF PETITIONER'S INEFFECTIVE ASSISTANCE OF COUNSEL C LAIM. WHETHER THE DIS… |
| 18-8176 | Anthony James Brightwell, Jr. v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. | Third Circuit | 2019-02-28 | Denied | IFP | constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-error sixth-amendment | Petitioner's Constitutional Rights were violated when he guilty plea was not knowingly and intelligently made when the details of the guilty plea were… |
| 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… |
| 18-8147 | Jerry Allen Horn v. Kansas | Kansas | 2019-02-27 | Denied | Response WaivedIFP | constitutional-rights county-of-riverside-v-mclaughlin due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment fourth-amendment gerstein-hearing investigative-delay res-judicata sixth-amendment state-habeas-corpus supremacy-clause warrantless-arrest | Under the Fourth Amendment to the United States Constitution, as codified by County of Riverside v. McLaughlin, 500 U.S. 44 (1991), may law enforcemen… |
| 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,… |
| 18-8154 | Deondre D. Romero v. Darrel Vannoy, Warden | Fifth Circuit | 2019-02-27 | Denied | IFP | and whether ineffective assistance of counsel dep due-process fair-trial false-testimony fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment victim-credibility witness-credibility | Whether Petitioner's Foujteenth Amendment. right to a. fair and impartial trial was violated 'then the proseatftr elicited false testimony from the vi… |
| 18-8160 | Paul Wagner v. United States | Ninth Circuit | 2019-02-27 | Denied | Response WaivedIFP | attorney-conflict circuit-court-split circuit-split criminal-procedure cuyler-v-sullivan ineffective-assistance ineffective-assistance-of-counsel legal-precedent mickens-v-taylor ninth-circuit sixth-amendment supreme-court-interpretation united-states-v-hanoum | This case presents an issue on which the Ninth Circuit's has both (1) entered a decision in conflict with the decisions of two other United States Cou… |
| 18-8131 | Adelfo Pamatmat v. United States | Sixth Circuit | 2019-02-26 | Denied | Response WaivedIFP | constitutional-rights drug-quantity evidentiary-hearing ineffective-assistance procedural-reasonableness sentencing-guidelines sixth-amendment sixth-circuit strickland-standard strickland-v-washington trial-counsel | I. WHETHER PETITIONER RECEIVED THE EFFECTIVE REPRESENTATION OF TRIAL COUNSEL WHEN COUNSEL FAILED TO PROPERLY INVESTIGATE THE CASE AND THE SIXTH CIRCUI… |
| 18-8132 | Anthony D. Phillips v. Bonita Hoffner, Warden | Sixth Circuit | 2019-02-26 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | adjudication-on-the-merits AEDPA aedpa-standards constitutional-error due-process evidence-sufficiency ineffective-assistance-of-counsel jackson-v-virginia plain-error plain-error-review sixth-amendment sufficiency-of-evidence | During Petitioner Anthony D. Phillips state appellate court proceedings., the appellate panel addressed several constitutional errors and determined t… |
| 18-8122 | Ralph Hall v. Darwin LaClair, et al. | Second Circuit | 2019-02-25 | Denied | IFP | civil-rights due-process federal-jurisdiction habeas-corpus jury-selection newly-discovered-evidence public-trial sixth-amendment standing | WHETHER the District Court's reliance upon Circuit holdings in Estelle v. McGune and William Taylor, 529 U.S. 362, constitutes operative pleadings und… |
| 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),… |
| 18-8111 | Rossahn Black v. United States | Sixth Circuit | 2019-02-22 | Denied | Response WaivedIFP | bullcoming confrontation confrontation-clause evidence-admissibility expert-witness forensic-evidence forensic-testimony melendez-diaz melendez-diaz-precedent ninth-circuit-interpretation sixth-amendment testimony | I. Whether this Court's decision in Melendez-Diaz v. Massachusetts, 557 U.S. 305, 129 5.Ct. 2527 (2009) and Builcoming v. New Mexico, 5614 U.S. 647, 1… |
| 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. … |
| 18-8115 | Kenny Daniel Barrios v. United States | Eighth Circuit | 2019-02-22 | Denied | Response WaivedIFP | 28-usc-2255 certificate-of-appealability evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-guidelines sixth-amendment type-c-plea | Whether the failure of counsel to object to inaccurate calculated Sentencing Guidelines is ineffective assistance of counsel, as provided under the Si… |
| 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… |
| 18-8048 | Darnell D. Owens v. United States | Sixth Circuit | 2019-02-21 | Denied | Response WaivedIFP | constitutional-interpretation criminal-history due-process federal-law historical-practice judicial-discretion propensity-evidence sixth-amendment sixth-circuit supervised-release | Relying on historical practice dating back to English cases in the seventeenth century, the courts of appeals had consistently held that relying on a … |
| 18-8056 | Ronald Glick v. Jeff Premo, Superintendent, Oregon State Penitentiary | Ninth Circuit | 2019-02-21 | Denied | Response WaivedIFP | certificate-of-appealability civil-rights due-process equitable-tolling habeas-corpus ineffective-assistance post-conviction-relief professional-conduct remand sixth-amendment statute-of-limitations | Whether petitioner's request for equitable tolling of the statute of limitations period set out in 28 U.S.C. § 2244(d) based on evidence of his post-c… |
| 18-8057 | Duane Allen Short v. Ohio | Ohio | 2019-02-21 | Denied | IFP | capital-defense capital-punishment death-penalty death-row effective-assistance-of-counsel ineffective-assistance ineffective-assistance-of-counsel mitigation mitigation-evidence plea-bargaining sixth-amendment | 1. Is a capital defendant's Sixth Amendment right to the effective assistance of counsel violated where, but for counsel's intervention and unfounded … |
| 18-8066 | Roger E. Magana v. Ron Credio, et al. | Ninth Circuit | 2019-02-21 | Denied | Response WaivedIFP | criminal-procedure due-process effective-counsel habeas-corpus impartial-jury ninth-circuit sixth-amendment supreme-court-review | Does the Ninth Circuit's memorandum decision contravene this Court's rulings affirming the guarantees of effective counsel and an impartial jury for a… |
| 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… |
| 18-8072 | John J. Wilson v. Mark S. Inch, Secretary, Florida Department of Corrections | Florida | 2019-02-21 | Denied | IFP | 14th-amendment 1st-amendment 5th-amendment 6th-amendment access-to-courts appellate-counsel constitutional-violation criminal-procedure discretionary-review due-process pro-se-representation sixth-amendment transcripts | (1) Can appellate counsel be denied, forcing a criminal defendant to represent himself in a direct appeal to the state district courts of appeal? Wou… |
| 18-8019 | Bryan Austin v. United States | Eighth Circuit | 2019-02-20 | Denied | Response WaivedIFP | appeal certificate-of-appealability circuit-court circuit-split coa congress constitutional-claims due-process habeas-corpus sixth-amendment | Whether the determination by the Eighth Circuit Court of Appeals with respect to Petitioner's COA application improperly deviated from the mandates of… |
| 18-8021 | Charles R. Baker v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-02-20 | Denied | IFP | anti-terrorism-and-effective-death-penalty-act anti-terrorism-effective-death-penalty-act constitutional-rights criminal-procedure due-process effective-assistance-of-counsel first-amendment habeas-corpus ineffective-assistance-of-counsel newly-discovered-evidence sixth-amendment statute-of-limitations | Whether thenewly discovered evidence presented to the lower Court's was sufficient to toll the one year statute of limitation set-forth in title 28 u.… |
| 18-8022 | Leonicio Arias Coreas v. Harold W. Clarke, Director, Virginia Department of Corrections | Fourth Circuit | 2019-02-20 | Denied | Response WaivedRelisted (2)IFP | actual-innocence criminal-procedure dna-evidence due-process fourteenth-amendment fraud ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment | Did counsel fail to conduct a proper pre-trial investigation of the case, including discovery of the case, to discover that Commonwealth Attorney and … |
| 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… |
| 18-8037 | Jerry Anthony Brandon, aka Jerry L. Brandon v. Louisiana | Louisiana | 2019-02-20 | Denied | IFP | constitutional-rights due-process effective-assistance-of-counsel equal-protection ineffective-assistance involuntary-absence medical-emergency new-trial sixth-amendment trial-absence voluntary-absence | Was the Petitioner's 5th 6th & 14th amendment rights, to the Constitution of the United States violated when? ONE. Petitioner's defense counsel faile… |
| 18-8011 | Kevin Kerr v. William P. Barr, Attorney General | Eighth Circuit | 2019-02-19 | Denied | Response WaivedIFP | 42-usc-1988 6th-amendment civil-rights competency criminal-procedure due-process federal-jurisdiction free-speech pardon pro-se-appearance psychological-evidence self-representation sixth-amendment standing | 1. AS CONSISTENT WITH THE ACTUAL INNOCENCE OF ONE INDIVISIBLE NATION, TO WIT: THE HIGHER-SELF PARDONING OF THIS PETITIONER'S DEIFIC LIFE-RIGHT TO "THE… |
| 18-8012 | Tasha Michelle Blackburn v. United States | Eleventh Circuit | 2019-02-19 | Denied | Response WaivedIFP | counsel-communication criminal-procedure due-process duty-to-advise ineffective-assistance ineffective-assistance-of-counsel plea-acceptance plea-bargaining plea-negotiations professional-responsibility sixth-amendment | What donstitutes communicating a plea, and does counsel have an obligation to recommend accepting a plea, or rejecting a plea and proceeding to trial? |
| 18-8016 | James Goff v. Ohio | Ohio | 2019-02-19 | Denied | IFP | capital-punishment death-penalty hurst-v-florida judicial-fact-finding jury-trial mitigation-evidence resentencing sentencing sixth-amendment | Is a trial judge's independent weighing of new mitigation evidence and imposition of the death penalty at a resentencing hearing unconstitutional unde… |
| 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… |
| 18-7895 | Jerry Anderson, II v. Michigan | Michigan | 2019-02-14 | Denied | Response WaivedRelisted (2)IFP | coercion criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel plea-bargaining right-to-trial sixth-amendment | WAS DEFENDANT DENIED HIS STATE AND FEDERAL CONSOITUTIONAL RFGHTS TO EFRECTIVE ASSISTANCE OF COUNSEL WHEN HIS ATTORIVEY PAILED TO PREPARED FOR TRIAL AN… |
| 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… |
| 18-7968 | Joseph Ragland v. North Carolina | North Carolina | 2019-02-14 | Denied | Response WaivedIFP | civil-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection postconviction-relief sentencing sixth-amendment state-statute | WHETHER A STATE STATUTE THAT GIVES SENTENCING JUDGES UNLIMITED, UNCHALLENGEABLE AND UNREVIEWABLE DISCRETION TO IMPOSE CONSECUTIVE SENTENCES, VIOLATE T… |
| 18-7972 | Victor D. Vickers, Jr. v. Missouri | Missouri | 2019-02-14 | Denied | Amici (1)Response WaivedIFP | alibi alibi-evidence criminal-procedure criminal-procedure-discovery-sanctions discovery discovery-violation due-process fourteenth-amendment sixth-amendment taylor-v-illinois willful-violation | Whether the exclusion of alibi evidence that could prove a defendant's innocence, as a sanction for an uncalculated discovery violation, is permitted … |
| 18-7975 | William Krisstofer Wolf v. United States | Ninth Circuit | 2019-02-14 | Denied | Response WaivedIFP | certificate-of-appealability constitutional-rights due-process evidentiary-hearing fifth-amendment ineffective-assistance ineffective-assistance-of-counsel perjury perjury-subornation prosecutorial-misconduct sixth-amendment | Whether the Ninth Circuit's decision now conflicts with this courts long standing rulings on the known and willing. use of PERJURY of material fact, t… |
| 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… |
| 18-7981 | Santos Peter Murillo, aka Peter Santos Murillo v. United States | Ninth Circuit | 2019-02-14 | Denied | Response WaivedIFP | batson batson-hearing civil-rights discrimination first-amendment fourth-amendment jury-selection public-trial sixth-amendment standing triviality-exception warrantless-search | 1. Is there a "triviality " exception to the First Amendment's and Sixth Amendment's public trial requir ement, and, if so, was a hearing regarding Go… |
| 18-7937 | Jaques J. Sullivan v. Scott Lewis, Warden | Fourth Circuit | 2019-02-13 | Denied | Response WaivedIFP | civil-procedure conflict-of-interest constitutional-rights criminal-procedure dementia due-process fourteenth-amendment ineffective-assistance-of-counsel legal-malpractice sixth-amendment standing | Thfl the Lower courts erred in judgment by dismissing Petitioner 'Actual Conflict in dual-representation" when trial counsel's dementia was cause for … |
| 18-7947 | Tyrone Garden v. Massachusetts | Massachusetts | 2019-02-13 | Denied | Response WaivedIFP | constitutional-right criminal-procedure dispositive-motion effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel plea-bargaining pretrial-motion pretrial-motions sixth-amendment strickland-standard strickland-v-washington | 1. Where trial counsel failed to update his research on a dispositive pretrial motion to dismiss before the defendant pleaded guilty did Garden have t… |
| 18-7904 | Spassky Alcequiecz v. Kelly A. Ryan, Warden | First Circuit | 2019-02-12 | Denied | Response WaivedIFP | criminal-procedure due-process fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel manslaughter manslaughter-instruction sixth-amendment | WHETHER THE PETITIONER WAS DENIED HIS CONSTITUTIONAL RIGHT TO A FAIR TRIAL, DUE TO INEFFECTIVE ASSISTANCE COUNSEL'S ABANDONEMENT ON A MANSLAUGHTER OF … |
| 18-7927 | Tyrone Anderson v. United States | Eighth Circuit | 2019-02-12 | Denied | Response WaivedIFP | career-offender career-offender-enhancement criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel sentencing-guidelines sixth-amendment strickland-standard strickland-v-washington townsend-v-burke | Petitioner presents the question whether his 'trial counsel provided ineffective .assistance of: counsel as required by 'the Sixth Amendment to' the 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? |
| 18-7881 | 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… |
| 18-7884 | Paula Villalva-Patricio v. United States | Fifth Circuit | 2019-02-11 | Denied | Response WaivedIFP | criminal-procedure due-process fair-trial ineffective-assistance-of-counsel pertinent-information right-to-testify sixth-amendment testify translation-of-proceedings | 1. Whether the Defendant received ineffective assistance of counsel when Appellant wished to testify or otherwise introduce pertinent information and … |
| 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… |
| 18-1052 | Zenaido Renteria, Jr. v. United States | Third Circuit | 2019-02-11 | Denied | article-iii circuit-split constitutional-interpretation constitutional-rights continuing-offenses criminal-procedure criminal-venue due-process reasonable-foreseeability sixth-amendment | 1. Whether the Constitution limits venue in criminal trials to those places where the defendant could reasonably foresee that an overt act would occur… | |
| 18-7860 | Timothy L. Barnes v. Michigan | Michigan | 2019-02-08 | Denied | IFP | collateral-review constitutional-law criminal-procedure due-process fourteenth-amendment jury-finding mandatory-minimum retroactivity sixth-amendment substantive-rule watershed-rule | Does the new rule of constitutional law announced in Alleyne v. United States, 570 U.S. 99 (2013), that any fact that increases the mandatory minimum … |
| 18-7870 | Jeremiah W. Balik v. United States | Ninth Circuit | 2019-02-08 | Denied | Response WaivedIFP | 14th-amendment 4th-amendment 6th-amendment armed-forces-status civil-rights criminal-procedure due-process interlocutory-appeal judicial-bias judicial-review removal removal-jurisdiction sixth-amendment | 1.)The Court of Appeal is a Court of Law. The Court reviews the trial courts and lower appellate tribunal's legal rulings for error. Did Harmful legal… |
| 18-7876 | Jordie L. Callahan v. United States | Sixth Circuit | 2019-02-08 | Denied | Response WaivedRelisted (2)IFP | 6th-amendment competency-hearing criminal-procedure criminal-proceedings direct-appeal due-process effective-assistance-counsel effective-assistance-of-counsel mental-capacity mental-competency mental-evaluation sixth-amendment | Whether a Mentally Deficient Defendant is Entitled to a Competency Hearing or Mental Evaluation to Determine if the Defendant is in Fact Capable of As… |
| 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. |
| 18-7843 | Patrick K. Gibson v. Jeri Boe, Superintendent, Clallam Bay Corrections Center | Ninth Circuit | 2019-02-07 | Denied | Response WaivedIFP | certificate-of-appealability constitutional-rights due-process fair-trial fourteenth-amendment judicial-proceedings judicial-review ninth-circuit sixth-amendment | Did the Ninth Circuit Court of Appeals error in denying a Certificate of Appealability, where petitioner presented clear factual evidence, supported b… |
| 18-7849 | Jesus Pacheco Estudillo v. United States | Eighth Circuit | 2019-02-07 | Denied | Response WaivedIFP | constitutional-law constitutional-rights direct-appeal effective-assistance effective-assistance-of-counsel evidentiary-hearing facts procedural-due-process relevant-facts sixth-amendment sixth-amendment-violation | Whether Petitioner's Sixth Amendment Right To The Effective Assistance was Violated When Counsel Failed to File A Direct Areal. Whether The COurt Err… |
| 18-7769 | Demetrius Hill v. United States | Second Circuit | 2019-02-06 | Denied | Response WaivedIFP | brady-violation constitutional-rights due-process exculpatory-evidence government-misconduct ineffective-assistance-of-counsel ineffective-counsel new-trial sentencing sentencing-enhancement sixth-amendment witness-credibility witness-vouching | Do exculpatory recordings that were purposefully withheld by the government warrant a new trial? Did the district court err in failing to determine t… |
| 18-7780 | Joseph Lemoine v. Darrel Vannoy, Warden | Fifth Circuit | 2019-02-06 | Denied | Response WaivedIFP | burden-of-proof burden-of-proof-beyond-reasonable-doubt constitutional-rights daubert-standard due-process effective-assistance-of-counsel essential-elements-of-offense expert-witness fourteenth-amendment reasonable-doubt sixth-amendment sufficiency-of-evidence | Whether reasonable jurists could argue that the State failed to meet its burden of proof beyond a reasonable doubt, every essential element of the off… |
| 18-7786 | Roy Shotwell v. Kevin Genovese, Warden | Sixth Circuit | 2019-02-06 | Denied | Response WaivedIFP | 4th-amendment 5th-amendment civil-rights criminal-procedure critical-stage dna-analysis dna-evidence dna-testing due-process effective-assistance ineffective-assistance-of-counsel procedural-due-process prosecutorial-misconduct sixth-amendment standing warrantless-seizure | Did The lower Courts abuse their discretion in denying Petitioner relief on the grounds that evidence was suppressed from his home and person be frivo… |
| 18-7795 | Markus D. Lanieux v. Louisiana | Louisiana | 2019-02-06 | Denied | Response WaivedIFP | Blakely Blakely-v-Washington Booker Booker-v-United-States criminal-procedure due-process habitual-offender habitual-offender-law jury-trial mandatory-minimum-sentence reasonable-doubt sentencing sentencing-enhancement sixth-amendment | Reasonable jurists would determine that the sentencing scheme by the State of Louisiana's Habitual Offender Law, LSA-R.S. 15:529.1 A(3)(b) [formally e… |
| 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… |
| 18-7771 | Tommy Wayne Brotherton v. Jay Cassady, Warden | Eighth Circuit | 2019-02-05 | Denied | IFP | 14th-amendment 6th-amendment brady-violation due-process fair-trial fourteenth-amendment ineffective-assistance-of-counsel miranda-rights motion-to-suppress sixth-amendment suppression-hearing videotaped-statements | 1. Whether (for any one and or all reasons stated herein) petitioner was denied his rights to due process and a fair trial under the Sixth and Fourtee… |
| 18-7774 | Cecil Boyett v. Dwayne Santistevan, Warden, et al. | Tenth Circuit | 2019-02-05 | Denied | Relisted (2)IFP | ake-v-oklahoma circuit-court civil-rights constitutional-error due-process federal-review gerstien-v-pugh habeas-corpus harmless-error ineffective-assistance-of-counsel petition-denial procedural-due-process sixth-amendment strickland-v-washington | I WHETHER PETITIONER BOYETT WAS DENIED EFFECTINEASSISTANCE OF COUNSEL UNDER THE SIXTA AMENDMENT BECAUSE THE CNRLUIT OPINION CONFLICTS WITH CLEARLY EST… |
| 18-7740 | Esequiel Joel Rodriguez v. United States | Fifth Circuit | 2019-02-04 | Denied | Response WaivedIFP | acceptance-of-responsibility certificate-of-appealability due-process government-breach ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-enhancement sixth-amendment | 1. Whether It Was Error to deny Rcdriguez A Certificate of Appealability, to Pursue His Sixth Amendment Claim on Appeal, Where He Demonstrated Ineffec… |
| 18-7745 | Alrick A. Evans v. Connecticut | Connecticut | 2019-02-04 | Denied | Response WaivedIFP | affirmative-defense alleyne-precedent criminal-statute element jury-determination mandatory-minimum sixth-amendment united-states-v-alleyne | Whether a state court may interpret a criminal statute so that a fact that triggers a mandatory minimum is termed an "affirmative defenses" rather tha… |
| 18-7703 | Nathan Smith III v. Sherry Pennywell, et al. | Ninth Circuit | 2019-02-01 | Denied | IFP | 2254(d)(2) cumulative-error de-novo-review deference due-process fact-finding fourteenth-amendment habeas-corpus habeas-corpus-review ineffective-assistance sixth-amendment standard-of-review unreasonable-determination | 1) DID THE CCA SO STRETCH THE FACTS IN THIS CASE SO UNREASONABLY THAT NO DEFERENCE COULD BE POSSIBLE TO ITS INTERPETATION OF WHAT OCCURRED IN THE TACO… |
| 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… |
| 18-7727 | Gregory Hatt v. United States | Fourth Circuit | 2019-02-01 | Denied | Response WaivedIFP | criminal-procedure due-process guilty-plea heroin-distribution ineffective-assistance ineffective-assistance-of-counsel medical-causation plea-bargaining sentencing sixth-amendment | Whether failure to convey unbiased, complete, or correct information to a defendant during plea bargaining by defense counsel invalidates a guilty ple… |
| 18-7657 | Devi Smith v. Patrick Warren, Warden | Sixth Circuit | 2019-01-31 | Denied | Response WaivedIFP | appellate-counsel appellate-procedure criminal-trial defense-counsel defense-witnesses direct-review effective-assistance-of-counsel ineffective-assistance-of-counsel sixth-amendment trial | WAS THE PETITIONER DEPRIVED OF HIS SIXTH AMENDMENT RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL AT TRIAL WHERE DEFENSE COUNSEL FAILED TO CALL CRITICAL… |
| 18-7693 | Dustin Dressner v. Louisiana | Louisiana | 2019-01-31 | Denied | IFP | brain-damage ineffective-assistance-of-counsel organic-brain-damage penalty-phase prejudice-standard sears-v-upton sixth-amendment strickland-standard strickland-v-washington | Whether it violates the Sixth Amendment and this Court's precedent in Strickland v. Washington 466 U.S. 668, 104 S. Ct 2052 (1984) and Sears v. Upton,… |
| 18-7696 | Tony J. Walton v. David Ballard, Warden | Fourth Circuit | 2019-01-31 | Denied | Response RequestedRelisted (2)IFP | due-process fourteenth-amendment impartial-jury judicial-discretion jury-deliberations jury-impartiality sixth-amendment voir-dire | Were the Petitioner's due process right to an impartial jury under the Sixth and Fourteenth Amendment to the Constitution violated when the trial judg… |
| 18-7697 | Duane Yates v. Iowa | Iowa | 2019-01-31 | Dismissed | Response WaivedIFP | civil-rights criminal-procedure due-process equal-protection fourteenth-amendment postconviction prison-discipline self-defense sixth-amendment whether-inmates-who-file-a-postconviction-under-io | Whether inmates who file a postconviction under Iowa Code 822 in the Iowa District Court's are denied the equal protection of law under the Sixth and … |
| 18-7699 | Facundo Ruiz-Ruiz v. United States | Fifth Circuit | 2019-01-31 | Denied | Response WaivedIFP | almendarez-torres constitutional-law criminal-procedure due-process recidivism sentencing sixth-amendment supreme-court | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 18-7707 | Antonio Anguiano v. United States | Ninth Circuit | 2019-01-31 | Denied | Response WaivedIFP | criminal-justice-act defense-counsel defense-function due-process independent-counsel judicial-control sixth-amendment structural-error | As a matter of first impression: whether, in upholding structural error flowing from judicial control over the defense function under the Criminal Jus… |
| 18-996 | Charles Lavel Stringer v. Storesonline, Inc., et al. | Mississippi | 2019-01-31 | Denied | Response Waived | chancery-court civil-procedure civil-procedure-28-usc-1654 civil-rights constitutional-rights due-process first-amendment fourteenth-amendment pro-se pro-se-representation sixth-amendment standing statutory-interpretation | DID THE MISSISSIPPI SUPREME COURT REFUSE TO APPLY THE MANDATORY LANGUAGE IN THE USE OF THE, WORD OF SHALL IN MISSISSIPPI CODE OF ANN § 11-1-17 IN VIOL… |
| 18-7658 | Julius Darius Jones v. Oklahoma | Oklahoma | 2019-01-30 | Denied | IFP | capital-punishment constitutional-rights due-process eighth-amendment equal-protection fourteenth-amendment juror-bias post-conviction post-conviction-review racial-prejudice sixth-amendment | 1. Whether newly-discovered evidence establishes that racial prejudice influenced the decision of at least one juror to convict Mr. Jones and sentence… |
| 18-7675 | Eric Hayes v. United States | Third Circuit | 2019-01-30 | Denied | Response WaivedIFP | abstract-approach circuit-court collateral-appeal constitutional-law crawford-v-washington criminal-appeal daubert-v-merrell-dow double-jeopardy federal-rules-of-evidence illinois-v-vitale sixth-amendment supreme-court-precedent whalen-v-united-states | Whether the Third Circuit's denial/rejection that reasonable jurists would not debate the District Court's determination that Mr. Hayes convictions we… |
| 18-7678 | Alfonso Hernandez v. United States | Ninth Circuit | 2019-01-30 | Denied | Response WaivedIFP | client-attorney-relationship client-autonomy constitutional-rights criminal-procedure due-process ineffective-assistance motion-to-dismiss sixth-amendment sixth-amendment-right-to-counsel sixth-circuit speedy-trial-act trial-counsel | Can a defense lawyer, consistent with the Sixth Amendment, contravene his client's wishes to object to a violation of the Speedy Trial Act? Whether t… |
| 18-7682 | Stacie Demers v. United States | Second Circuit | 2019-01-30 | Denied | Response WaivedIFP | appeal appellate-review circuit-court counsel criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-claim sixth-amendment | Whether the Circuit Court of Appeals should have decided Ms. Demers's claim of ineffective assistance of counsel. |
| 18-7635 | Harold Hall v. Alabama | Alabama | 2019-01-29 | Denied | Response WaivedRelisted (2)IFP | adversarial-process due-process effective-assistance-of-counsel fair-trial sentencing-enhancements sixth-amendment united-states-v-cronic | 1) Whether Mr. Hall was denied effective assistance of counsel required by the federal constitution' sixth Amendment when his trialcounsel refused o p… |
| 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… |
| 18-978 | Josephenie Robertson v. Republic of Nicaragua, et al. | Ninth Circuit | 2019-01-29 | Denied | civil-rights constitutional-rights due-process due-process,equal-protection,first-amendment,sixth equal-protection first-amendment political-question-doctrine sixth-amendment standing | Whether the Petitioner was deprived of an independent, neutral, and impartial tribunal in violation of the First and Sixth Amendments under the Equal … | |
| 18-7597 | Carlos E. Ponce v. D. Baughman, Warden | Ninth Circuit | 2019-01-28 | Denied | IFP | appellate-procedure certificate-of-appealability civil-rights constitutional-rights due-process eighth-circuit-court-of-appeals fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel prima-facie-showing sixth-amendment | THE NINTH CIRCUIT CCURT OF APPEALS DENIED THE 1SSUANCE OF A CERTIFICATE OF APPEALABILITY BASED UPON THEIR DECISION THAT PETITIONER DIDNT HAVE SUBSTANT… |
| 18-7599 | Jesus E. Moreno Ornelas v. United States | Ninth Circuit | 2019-01-28 | Denied | IFP | compulsory-process constitutional-right criminal-procedure defense-witness discovery discovery-order due-process exclusion non-disclosure sixth-amendment tactical-advantage willful-nondisclosure | Whether the Compulsory Process Clause of the Sixth Amendment precludes exclusion of an undisclosed defense witness to enforce a discovery order if the… |
| 18-7603 | Raymond Zayas v. Jamey Luther, Superintendent, State Correctional Institution at Laurel Highlands, et al. | Third Circuit | 2019-01-28 | Denied | IFP | certificate-of-appealability civil-rights crawford-claim due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-exception martinez-v-ryan procedural-default sixth-amendment | When Petitioner's Crawford v. Washington claim was procedurally defaulted by trial counsel and initial post conviction counsel failed to raise an inef… |
| 18-7614 | Michael Jacoby v. United States | Tenth Circuit | 2019-01-28 | Denied | Response WaivedIFP | 6th-amendment circuit-court-review circuit-split due-process effective-assistance-of-counsel eighth-circuit habeas-corpus ineffective-assistance ninth-circuit reasonable-jurist reasonable-jurist-standard sixth-amendment strickland-standard undermining-of-confidence-in-verdict | The 10th Circuit's application of a reasonable Jurist Standard as a full denial of Jadby's §2255 under the Strickland standard is in conflict with the… |
| 18-7582 | Ralph Nicholas Canete v. Chuck Keeton, Warden | Ninth Circuit | 2019-01-25 | Denied | IFP | compulsory-process constitutional-rights criminal-procedure due-process evidence fair-trial fifth-amendment fourteenth-amendment material-evidence sixth-amendment | MAY THE DESTRUCTION OF MATERIAL EVIDENCE BY THE GOVERNMENT VIOLATE PETITIONERS RIGHT TO DUE PROCESS GUARANTEED BY THE FIFTH AND FOURTEENTH AMENDMENTS,… |
| 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… |
| 18-952 | Christopher Anthony Mountjoy, Jr. v. Colorado | Colorado | 2019-01-24 | Denied | Amici (1) | apprendi-precedent apprendi-v-new-jersey colorado-sentencing colorado-sentencing-system constitutional-interpretation jury-determination legal-elements sentencing-factors sixth-amendment sixth-amendment-precedent united-states-v-gaudin | Whether the rule of United States v. Gaudin, 515 U.S. 506 (1995)—namely, that the Sixth Amendment requires juries to find not just historical facts bu… |
| 18-7512 | Ronald Jackson v. Illinois | Illinois | 2019-01-22 | Denied | Response WaivedIFP | civil-rights compulsory-process confrontation-clause constitutional-rights criminal-procedure due-process evidentiary-ruling ineffective-assistance-of-counsel prosecutorial-misconduct right-to-a-fair-trial right-to-fair-trial sixth-amendment state-court subjective-intent | as Iweffective and to resolve dis agreements about the Spe cific Legal question D0 Attempt murder oN A Polide officer Carry A mandatory Ferearmerhanc… |
| 18-7496 | Nemiah Allan v. Connecticut | Connecticut | 2019-01-18 | Denied | Response WaivedIFP | affirmative-defense alleyne-precedent criminal-statute element jury-determination mandatory-minimum sixth-amendment united-states-v-alleyne | Whether a state court may interpret a criminal statute so that a fact that triggers a mandatory minimum is termed an "affirmative defenses' rather tha… |
| 18-7497 | Carl Burnie Wellborn v. Shane Jackson, Warden | Sixth Circuit | 2019-01-18 | Denied | Response WaivedIFP | fair-cross-section fundamental-fairness fundamental-unfairness habeas-corpus prejudice procedural-default sixth-amendment structural-error | (1) Can reasonable jurists debate whether habeas petitioners asserting procedurally defaulted fair cross-section claims must show actual prejudice or … |
| 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… |
| 18-937 | Abelino Manriquez v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation | California | 2019-01-18 | Denied | actual-bias capital-case capital-punishment fourteenth-amendment habeas-corpus implied-bias juror-bias jury-impartiality life-experiences sixth-amendment | What test determines whether a juror's life experiences are so similar to facts in the case that the juror must be disqualified for bias under the Six… | |
| 18-7488 | Billy R. Lewis v. Louisiana | Louisiana | 2019-01-18 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | criminal-conviction criminal-procedure due-process fourteenth-amendment jury-trial nonunanimous-jury nonunanimous-verdict ramos-v-louisiana sixth-amendment | Does the right to a jury trial guaranteed by the Sixth Amendment, as applied to the States through the Fourteenth Amendment, allow a criminal convicti… |
| 18-7468 | Robert Charles Jones v. Jack Palmer, Warden, et al. | Ninth Circuit | 2019-01-17 | Denied | Response WaivedIFP | attorney-advice criminal-procedure due-process habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel life-without-parole parole plea-bargaining post-conviction-relief sentencing sixth-amendment | Whether Jones received ineffective assistance of counsel when his trial counsel advised him to stipulate to a sentence of life without the possibility… |
| 18-7473 | William Dale Albright v. Kansas | Kansas | 2019-01-17 | Denied | Response WaivedIFP | alleyne alleyne-decision alleyne-v-united-states apprendi apprendi-rule criminal-law criminal-procedure due-process judicial-interpretation sentencing sentencing-enhancement sixth-amendment supreme-court-precedent | QUESTION 1: DOES THIS COURT'S DECISION IN ALLEYNE V. UNITED STATES, 570 US 99 (2013) ANNOUNCE A NEW RULE OR WAS IT DICTATED BY APPRENDI V. NEW JERSEY,… |
| 18-7478 | Lloyd Michael Blair v. Michigan | Michigan | 2019-01-17 | Denied | IFP | constitutional-error criminal-procedure due-process habeas-corpus jurisdiction jurisdictional-defect jury-trial post-conviction-relief relief resentencing sentencing sentencing-procedure sixth-amendment | 1. Are the sentencino proceedinos that was found to be urconstitutionel made to be invalid? 2. Did the 'trial court ebuse its discretion by refusinn … |
| 18-7427 | Abdirahman Yasin Daud v. United States | Eighth Circuit | 2019-01-16 | Denied | Response WaivedIFP | appellate-review criminal-procedure due-process harmless-error harmless-error-analysis jury-instruction jury-instructions jury-trial sixth-amendment specific-intent | Whether the Court of Appeals' application of "harmless error" analysis to an erroneous jury instruction regarding the critical, specific intent elemen… |
| 18-7439 | Gregory M. Ward v. United States | Fifth Circuit | 2019-01-16 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | appeal-preservation appeal-rights due-process evidence-hearing evidentiary-hearing guilty-plea ineffective-assistance motion-to-suppress plea-bargaining sixth-amendment trial-counsel | Petitioner contends that his trial counsel, Eddie Jordan, was ineftective because he: erroneously advised Petitioner that, by pleading guilty without … |
| 18-7457 | Charles Edward Case v. California | California | 2019-01-16 | Denied | IFP | capital-punishment constitutional-amendment criminal-sentencing death-penalty fifth-amendment fourteenth-amendment jury jury-finding reasonable-doubt sixth-amendment | Does California's death penalty scheme violate the requirement under the Fifth, Sixth and Fourteenth Amendments that every fact other than a prior con… |
| 18-7466 | Glenn Bennett, Jr. v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-01-16 | Denied | Response WaivedIFP | burden-of-proof constitutional-rights criminal-defense criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions sixth-amendment | This petition presents the questions of whether reasonable jurists can debate the following issues: 1. Whether the erroneous jury instruction given i… |
| 18-922 | Abraham M. Fisch v. Texas | Texas | 2019-01-16 | Denied | attorney-fees client-rights criminal-defense-attorney criminal-procedure due-process excessive-fines forfeiture sixth-amendment standard-of-review | (1) What is the appropriate standard of review to be employed when a court orders the forfeiture of attorney's fees to the State? (2) Does a criminal… | |
| 18-7416 | Javier Solis v. Julie L. Jones, Secretary, Florida Department of Corrections | Eleventh Circuit | 2019-01-15 | Denied | IFP | confrontation-clause crawford-precedent crawford-v-washington hearsay hearsay-exception jury-instructions jury-interpretation police-testimony sixth-amendment testimonial-evidence truth-of-the-matter-asserted | A POLICE OFFICER TESTIFIED TO MATTERS OF WHICH HE DID NOT HAVE DIRECT KNOWLEDGE INCLUDING A BOLO BULLETIN. SHOULD "TESTIMONIAL" OR "NON-TESTIMONIAL" … |
| 18-7396 | Alonzo Fishback v. Mike Parris, Warden | Sixth Circuit | 2019-01-14 | Denied | Response WaivedIFP | aedpa credibility credibility-of-counsel deference-to-state-court due-process federal-review federal-review-of-state-court-findings habeas-corpus ineffective-assistance-of-counsel mandatory-minimum-sentencing sixth-amendment state-post-conviction state-post-conviction-review | The Anti-Te rrorism and Effe ctive De ath Penalty Act (A EDPA) re quires a f ederal habe as corpus c ourt to g ive substantial defe rence to the findi… |
| 18-7374 | David Mejia v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-01-11 | Denied | Response WaivedIFP | aedpa counsel-performance fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-hoc-rationalization sixth-amendment strickland-test strickland-v-washington wiggins-v-smith | Has the Fifth Circuit erred in holding, that in an ineffective assistance of counsel claim under AEDPA, a court may indulge "post hoc rationalization"… |
| 18-7382 | Jervon L. Herbin v. Virginia | Virginia | 2019-01-11 | Denied | IFP | constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equal-protection ex-post-facto habeas-corpus ineffective-assistance ineffective-assistance-of-counsel retroactive-application retroactivity sentencing sixth-amendment structural-defect | Did the Lower Court(s) Err in refusing to grant retroactive application to Fishback v. Commonwealth? Did the Virginia Supreme Court Err in holding th… |
| 18-7297 | Donnie Howard v. California | California | 2019-01-10 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure jury-instructions jury-trial reasonable-doubt burden-of-proof due-process fourteenth-amendment jury-instructions jury-trial reasonable-doubt sixth-amendment | 1. Did the trial court's statements during jury selection equating being convinced beyond a reasonable doubt with being "sure" or "positive" of guilt … |
| 18-7351 | Rahmad Lashad Geddes v. United States | Eighth Circuit | 2019-01-10 | Denied | Response WaivedIFP | alleyne appellate-review apprendi civil-rights criminal-procedure due-process ex-post-facto habeas-corpus mandatory-minimum sentencing sentencing-guidelines sixth-amendment statutory-interpretation supreme-court-precedent | 1). Can a court of appeals sanction a lower courts depature from this court's well established percedents that effectively conflates the standard of r… |
| 18-7353 | Nathaniel Jackson v. Ohio | Ohio | 2019-01-10 | Denied | IFP | capital-punishment death-penalty eighth-amendment judge-sentencing judicial-sentencing jury-recommendation jury-sentencing jury-trial sixth-amendment spaziano-v-florida | Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida? |
| 18-7367 | Darwin Markeith Huggans v. United States | Eighth Circuit | 2019-01-10 | Denied | Response WaivedIFP | case-review counsel-advice criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel judicial-review lee-v-united-states legal-standard misinformation sixth-amendment | In light of this court's decision in Lee v. United States, 198 L. Ed. 2d 476 (2017) was the lower court required to address an evidentiary hearing whe… |
| 18-7322 | Robert R. Yerton, Jr. v. Jason Bryant, Warden | Tenth Circuit | 2019-01-09 | Denied | Relisted (2)IFP | appeal confrontation-clause criminal-appeal criminal-procedure due-process expert-witness federal-appeal indigent-defense sixth-amendment tenth-circuit | Whether the Tenth Circuit Court erred in holding - in conflict with the Second, Fifth, Sixth, Ninth, the D.C., and other Circuit Courts - that The Dis… |
| 18-7330 | Michael Anthony Garrett v. United States | Eighth Circuit | 2019-01-09 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment constitutional-rights criminal-procedure defense-theory due-process evidence fifth-amendment jury-instructions right-to-present-defense sixth-amendment trial-evidence | Whether a defendant's constitutional right to present a defense as guaranteed by the Fifth and Sixth Amendments to the United States Constitution enco… |
| 18-7344 | Tony Dickinson v. United States | Seventh Circuit | 2019-01-09 | Denied | Response WaivedIFP | 6th-amendment criminal-defense entrapment fourteenth-amendment government-misconduct ineffective-assistance-of-counsel pre-indictment-delay sixth-amendment structural-error | I. Whether this Court Should Resolve the longstanding Conflict among Federal Courts over whether the Fifth Amendment Delay caused by the government as… |
| 18-7278 | Briand Williams v. California | California | 2019-01-08 | Denied | Response WaivedIFP | appellate-counsel due-process equal-protection plea-bargain record-on-appeal statute-of-limitations appellate-counsel appellate-record due-process equal-protection ineffective-assistance Ineffective-assistance-of-counsel plea-bargain sixth-amendment statute-of-limitations strickland-standard | When the Appointed Counsel on Direct appeal is a thorn to the perfection of that appeal and falls below the standard of Strickland vs. Washington (198… |
| 18-7279 | Christian Thomas v. District Attorney of Lancaster County, Pennsylvania | Third Circuit | 2019-01-08 | Denied | IFP | 8th-amendment civil-rights collateral-review constitutional-review due-process eighth-amendment federal-question graham grant juvenile-sentencing mental-capacity miller sixth-amendment teague | Is a federal question raised by a claim that a state collateral review erroneously failed to find a Teague, Graham, and Grant case and Miller exceptio… |
| 18-7292 | Marco Whitley, Sr. v. United States | Eighth Circuit | 2019-01-08 | Denied | Response WaivedIFP | attorney-client-privilege attorney-client-relationship crime-of-violence criminal-law due-process eighth-circuit prejudice second-degree-robbery sentencing sixth-amendment violent-crime | Did the Eighth Circuit err by holding Missouri's Second Degree Robbery is always considered to necessarily be a crime of violence? Did the Eighth Cir… |
| 18-7242 | Dauntorian Lyndel Sanders v. Arizona | Arizona | 2019-01-07 | Denied | IFP | constitutional-interpretation criminal-procedure death-penalty due-process eighth-amendment fourteenth-amendment precedent sixth-amendment supreme-court-precedent | Whether Arizona follows the precedent of Simmons v. South Carolina, 512 U.S. 154 (1994), as set forth in Lynch v. Arizona, 136 S. Ct. 1818 (2016). |
| 18-7254 | Alvin E. Thomas v. United States | Third Circuit | 2019-01-07 | Denied | Response WaivedIFP | 6th-amendment actual-prejudice automatic-reversal collateral-review counsel-of-choice fundamental-unfairness ineffective-assistance ineffective-assistance-of-counsel sixth-amendment structural-error | In Weaver v. Massachusetts, 137 S. Ct. 1899, 1911-12 (2017), this Court left open the question of whether a claim of ineffective assistance of counsel… |
| 18-7259 | Jack E. Allen v. Barry Smith, Superintendent, State Correctional Institution at Houtzdale | Pennsylvania | 2019-01-07 | Denied | IFP | batson-v-kentucky civil-rights due-process false-imprisonment fourteenth-amendment habeas-corpus ineffective-assistance innocence reasonable-doubt sixth-amendment | DID THE PETITIONER GIVE THE FIRST OPPORTUNITY OF THE STATE SUPREME COURT TO RESOLVE SUCH CLAIMS 1ISSUES,CONTENTIONS IN A STATE HABEAS CORPUS?. DID TH… |
| 18-7230 | Antwain D. Ashley v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-01-04 | Denied | Response WaivedIFP | criminal-procedure due-process effective-assistance-of-counsel open-plea plea-bargaining sentencing sixth-amendment | Whether Ashley Was Denied His Sixth Amendment Right to Effective Assistance of Counsel Where Counsel Advised Ashley that if He Made an Open Plea to th… |
| 18-848 | Courtney Valle Bisbee v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. | Ninth Circuit | 2019-01-04 | Denied | actual-innocence certificate-of-appealability constitutional-claims evidentiary-hearing habeas-corpus habeas-review ineffective-assistance ineffective-assistance-of-counsel jury-trial sixth-amendment | 1. Where a state trial judge summarily rejected, without a hearing, Petitioner's claim that counsel was ineffective because he induced Petitioner to w… | |
| 18-7210 | Gordon Prailow v. Maryland | Maryland | 2019-01-03 | Denied | Response WaivedIFP | automatic-reversal collateral-review constitutional-deficiency criminal-procedure due-process habeas-corpus jury-instructions jury-verdict reasonable-doubt retroactivity sixth-amendment watershed-rule | Whether state collateral review courts must retroactively apply the watershed/bedrock procedural rule of automatic reversal to jury findings that were… |
| 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… |
| 18-7194 | Brandon Lee Colbert v. California | California | 2018-12-28 | Denied | Response WaivedIFP | batson batson-challenge impartial-jury jury-selection peremptory-challenge police-misconduct race-neutral race-neutral-reason sixth-amendment | A United States Department of Justice investigation concluded that law enforcement in defendant's community systemically engages in racist police prac… |
| 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… |
| 18-7174 | Shawndell Everson v. New York | New York | 2018-12-27 | Denied | Response WaivedIFP | appeal-denial civil-rights constitutional-rights counsel-of-choice due-process effective-assistance ineffective-counsel public-trial sixth-amendment trial-rights | Shawndell Everson was 32 years old when he was sentenced to 143 years (the equivalent of a life sentence ), for allegations of running a "looseknit" o… |
| 18-7181 | Antonio Amar White v. United States | Fifth Circuit | 2018-12-27 | Denied | Response WaivedIFP | dismissed-conduct district-court due-process judge-found-facts sentencing sixth-amendment sixth-amendment-violation unreasonable-sentence | Whether Petitioner's sentence violated the Sixth Amendment because the district court's factual findings, based on dismissed conduct, provided the leg… |
| 18-7170 | Jonathan Yancey v. Alabama | Alabama | 2018-12-26 | Denied | IFP | civil-procedure criminal-procedure due-process effective-assistance-of-counsel equal-protection exculpatory-evidence first-amendment ineffective-assistance-of-counsel sixth-amendment standing takings | THIS APPEAL IS SUCH IMPORTANCE TO THE PUBLIL CITIZEN'S THAT ARE X SEX OFFENIDERS UNDER (ASORCNA) AS TO JUSTIFY DEVIATION FROM NORMAL APPELLATE PRACTIC… |
| 18-7165 | Drakile Leroy Jones v. Michigan | Michigan | 2018-12-21 | Denied | IFP | confrontation-clause crawford-precedent crawford-v-washington criminal-procedure due-process evidence michigan-supreme-court sixth-amendment standing state-court-appeal supervisory-power williamson-v-united-states | 1) Whether the decision of the Michigan Court of Appeals conflicts with Crawford v. Washington? 2) Whether the Michigan Supreme Court's interpretatio… |
| 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… |
| 18-7155 | Alfredo Provencio v. Joe Lizarraga, Warden | Ninth Circuit | 2018-12-20 | Denied | IFP | 14th-amendment 5th-amendment 6th-amendment aedpa custodial-interrogation due-process fifth-amendment habeas-corpus miranda-rights sixth-amendment | Under the Fifth Aniedrnent/Miranda Right's; The Sixth Amendment And Due Process Clause of the Fourtheenth Amendment as Applied to AEDPA Habeas Corpus.… |
| 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 … |
| 18-7096 | Reinaldo Santos v. United States | Eleventh Circuit | 2018-12-19 | GVR | Response RequestedResponse WaivedRelisted (4)IFP | acca acca-violent-felony armed-career-criminal-act battery categorical-approach circuit-split descamps divisibility florida florida-battery mathis mens-rea modified-categorical-approach sixth-amendment violent-felony | 1. Is the "touches or strikes' language in the Florida battery statutes divisible under Descamps v. United States, 133 S.Ct. 2276 (2013) and Mathis v.… |
| 18-7101 | John Samuel Ghobrial v. California | California | 2018-12-19 | Denied | IFP | capital-punishment constitutional-rights criminal-procedure criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-finding jury-trial reasonable-doubt sentencing sixth-amendment statutory-maximum | Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact that serves to increa… |
| 18-7107 | Naeem-Lateef Odums v. United States | Fourth Circuit | 2018-12-19 | Denied | Response WaivedIFP | 5th-amendment-due-process,6th-amendment-right-to-c 5th-amendment-due-process,sentencing-discretion,me 6th-amendment attorney-client-privilege criminal-procedure due-process effective-assistance-of-counsel fifth-amendment ineffective-assistance-of-counsel intentional-deception mental-health-evaluation sentencing sixth-amendment | Does it violate the 6th Amendment Constitutional right to effective assistance of counsel when a defendant's lawyer intentionally, willfully and knowi… |
| 18-7118 | Richard E. Lynch v. Florida | Florida | 2018-12-19 | Denied | IFP | death-penalty eighth-amendment fourteenth-amendment hurst-v-florida ineffective-assistance-of-counsel jury-fact-finding sixth-amendment | Whether the State of Florida violated Petitioner's rights under the Sixth, Eighth, and Fourteenth Amendments to the United States Constitution by deny… |
| 18-7075 | Patrick Martinez v. Texas | Texas | 2018-12-18 | Denied | IFP | criminal-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel Lafler-v-Cooper parole parole-eligibility plea-bargaining reasonable-probability sixth-amendment | Texas courts found no ineffective assistance of counsel in this criminal case where the Petitioner, Sergeant Patrick Martinez, rejected a pretrial ple… |
| 18-7068 | Nelson Figueroa v. United States | Sixth Circuit | 2018-12-17 | Denied | Response WaivedIFP | alleyne almendarez-torres apprendi apprendi-rule constitutional-protections due-process due-process-clause federal-sentencing-guidelines jury-trial prior-conviction prior-conviction-exception sentencing-guidelines sixth-amendment | The first question for the Court is, in light of the Guidelines' development into the de facto range of punishment in all but a very small percentage … |
| 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… |
| 18-7016 | Tuad Damonn Washington v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2018-12-13 | Denied | Relisted (2)IFP | batson-challenge batson-v-kentucky civil-rights constitutional-claims discrimination due-process equal-protection fourteenth-amendment jury-selection peremptory-strikes racial-discrimination sixth-amendment standing | 1. Would jurists of reason find the district courts assesment of Washington's constitutional claims debatable or wrong; or that the petition should ha… |
| 18-7028 | Jameel Simpson v. James Erkerd, et al. | Third Circuit | 2018-12-13 | Denied | Response WaivedIFP | actual-innocence conflict-of-interest constitutional-rights criminal-defense criminal-procedure effective-assistance effective-assistance-of-counsel prejudice sixth-amendment wrongful-conviction | PETITIONER JAMEEL SIMPSON WAS DENIED HIS RIGHTS UNDER THE SIXTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES OF AMERICA TO EFFECTIVE ASSISTANCE … |
| 18-7010 | Jermaine Mitchell v. United States | First Circuit | 2018-12-12 | Denied | Response WaivedIFP | confrontation-clause expert-testimony expert-witness forensic-evidence lab-reports law-enforcement-testimony lay-testimony narcotics narcotics-testimony scientific-evidence sixth-amendment testimonial-evidence | Whether law enforcement (lay) testimonies about the narcotics character of certain substances may be shined with the expert testimonial gloss of unpro… |
| 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… |
| 18-744 | Mark Unger v. David Bergh, Warden | Sixth Circuit | 2018-12-11 | Denied | criminal-procedure due-process effective-assistance-of-counsel expert-testimony habeas-corpus ineffective-assistance-of-counsel junk-science sixth-amendment | Whether the Sixth Amendment guarantee of effective assistance of counsel is violated when counsel fails to expose junk science that sends his client t… | |
| 18-749 | JoEllen Mary Crossett v. Michigan | Michigan | 2018-12-11 | Denied | conflicts-of-interest constitutional-rights due-process effective-assistance-of-counsel impartial-jury ineffective-assistance-of-counsel juror-bias jury-selection peremptory-challenges prejudice sixth-amendment state-and-federal-rights trial-procedure | Was Petitioner denied her state and federal rights to the effective assistance of counsel, and did Michigan Court of Appeals err when it confirmed wit… | |
| 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… |
| 18-6961 | 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. |
| 18-6940 | Dalray Kwane Andrews v. Warren L. Montgomery, Warden | Ninth Circuit | 2018-12-06 | Denied | IFP | appellate-review criminal-procedure dilatory faretta-right faretta-v-california habeas-corpus self-representation sixth-amendment timeliness trial-court | (1) Did the Ninth Circuit err in holding that Faretta "clearly established," for purposes of 28 U.S.C. § 2254(d)(1), that a request for self-represent… |
| 18-6909 | Albert Andrew Lucero v. Kim Holland, Warden | Ninth Circuit | 2018-12-04 | Denied | Response WaivedIFP | bruton-rule bruton-v-united-states co-defendant confrontation-clause confrontation-clause-rights crawford-analysis crawford-v-washington harmless-error joint-trial sixth-amendment testimonial-statement | Was the California Court of Appeal's decision contrary to, or an unreasonable application of, this Court's jurisprudence holding that the Sixth Amendm… |
| 18-6916 | Troy Lincoln Powell v. California | California | 2018-12-04 | Denied | IFP | constitutional-rights criminal-sentencing death-penalty due-process eighth-amendment fifth-amendment fourteenth-amendment mental-illness sixth-amendment | 1) DOES THE IMPOSITION OF THE DEATH PENALTY ON A SEVERELY MENTALLY ILL DEFENDANT VIOLATE THE FIFTH, SIXTH, EIGHTH AND FOURTEENTH AMENDMENTS? |
| 18-6884 | Isaiah Glenndell Tryon v. Oklahoma | Oklahoma | 2018-11-30 | Denied | IFP | aggravating-factors appellate-review criminal-procedure death-penalty hurst-v-florida jury-trial mitigating-circumstances ring-v-arizona sixth-amendment | After invalidating one of four (4) aggravating factors found by the jury, the Oklahoma Court of Criminal Appeals reweighed the remaining aggravating c… |
| 18-6885 | Stephen Anthony Marquez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2018-11-30 | Denied | IFP | business-records confrontation-clause constitutional-amendments crawford-v-washington criminal-procedure due-process fourteenth-amendment medical-records sixth-amendment | With the decision to classify testimonial or non-testimonial statements per Crawford v. Washington 124 S.t 1354 as to whether Confrontation clause app… |
| 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 … |
| 18-6873 | Angela Armenta v. United States | Seventh Circuit | 2018-11-29 | Denied | Response WaivedIFP | 5th-amendment-6th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence fifth-amendment jury reasonable-doubt sentencing sixth-amendment | 1. Is a defendant deprived of due process where the absence of evidence constitutes probative evidence of proof beyond a reasonable doubt? 2. Are the… |
| 18-6879 | Darren Hogue v. Brad Cain, Superintendent, Snake River Correctional Institution | Ninth Circuit | 2018-11-29 | Denied | Response WaivedIFP | appellate-review circuit-court-decision due-process federal-courts federal-habeas-corpus habeas-corpus ineffective-assistance-of-counsel plea-bargaining plea-colloquy sixth-amendment standard-of-review waiver-hearing | Did the Ninth Circuit's memorandum decision contravene this Court's command that a proper review of a viable Sixth Amendment claim of ineffective assi… |
| 18-6847 | Sergio Antonio Haro v. United States | Ninth Circuit | 2018-11-28 | Denied | Response WaivedIFP | effective-assistance-of-counsel evidentiary-hearing government-agent-reports impeachment impeachment-of-credibility magistrate-judge magistrate-judge-plea-negotiations plea-negotiations prejudice pro-se pro-se-habeas sixth-amendment | I Was the petitioner denied his Sixth Amendment right to the effective assistance of counsel based on trial counsel's failure to effectively use gover… |
| 18-6827 | Eric Williams v. New York | New York | 2018-11-27 | Denied | Response WaivedIFP | barber-v-page confrontation-clause criminal-procedure deportation good-faith-effort significant-public-benefit-parole sixth-amendment unavailability witness-testimony | At a retrial in a criminal case, New York prosecutors were permitted to introduce prior testimony of a witness from the first trial. The witness had b… |
| 18-6828 | Gregg Thomas v. Maryland | Maryland | 2018-11-27 | Denied | Response WaivedIFP | appellate-review constitutional-law constitutional-rights criminal-procedure effective-assistance-of-counsel sixth-amendment sufficiency-of-evidence trial-counsel | Was the evidence sufficient to sustain Petitioner's convictions, and was Petitioner denied his Sixth Amendment Right under the United States Constitut… |
| 18-6837 | Robert L. Swinton, Jr. v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2018-11-27 | Denied | IFP | anders-brief appellate-review collateral-attack due-process extraordinary-writ federal-habeas-corpus habeas-corpus in-forma-pauperis ineffective-assistance-of-counsel pro-se-defendant sixth-amendment state-court-review | If the merits of an appeal exist and are not evaluated by a State or Federal Court of review, should a Federal court address Inaffective Assistance of… |
| 18-6838 | Alvin Leon Roundtree v. United States | Fifth Circuit | 2018-11-27 | Denied | Response WaivedIFP | appeal appellate-procedure civil-procedure civil-rights due-process equitable-tolling habeas-corpus ineffective-assistance ineffective-assistance-of-counsel pro-se section-2255 sixth-amendment standing | Whether the district court's failure to construe Mr. Roundtree's pro se motion for specific performance as a motion to vacate under 28 U.S.C. §2255 - … |
| 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… | |
| 18-6800 | Robert Ryan Powell v. United States | Ninth Circuit | 2018-11-26 | Denied | Response WaivedIFP | constructive-amendment double-jeopardy fifth-amendment grand-jury indictment jury-instructions jury-unanimity plain-error sixth-amendment statute-of-limitations | Where jury instructions lack the dates and timeframes specified in the indictment, do the jury instructions constructively amend the indictment, and t… |
| 18-6804 | Shane Roach v. United States | Tenth Circuit | 2018-11-26 | Denied | Response WaivedIFP | appellate-review circuit-conflict confrontation-clause criminal-procedure cross-examination due-process legal-objection preservation-of-error sixth-amendment standard-of-review | Does a defendant preserve a confrontation issue for review by clearly articulating Confrontation Clause concerns as the basis for his objection withou… |
| 18-6816 | Vicente Garcia v. United States | Seventh Circuit | 2018-11-26 | Denied | Response WaivedIFP | aggravated-battery constitutional-rights criminal-conviction criminal-procedure criminal-procedure-ineffective-assistance-of-couns ineffective-assistance ineffective-assistance-of-counsel johnson-precedent johnson-v-united-states sentencing-guidelines sixth-amendment | [1] WHETHER THE SEVENTH CIRCUIT COURT OF APPEALS ERRED IN ITS HOLDING THAT GARCIA HAD FAILED TO SHOW A DENIAL OF HIS CONSTITUTIONAL SIXTH AMENDMENT RI… |
| 18-6817 | Michael Albert Focia v. United States | Eleventh Circuit | 2018-11-26 | Denied | Response WaivedIFP | criminal-procedure due-process judge-vs-jury judicial-fact-finding jury-instructions jury-trial obstruction-of-justice pro-se sentence-enhancement sentencing separation-of-powers sixth-amendment | Where is the second and fifth amendments to apply the statutory scheme of 18 USC § 922 (a)(1)(A) and 18 USC § 922(b) to a Non-Federal Firearm Licensee… |
| 18-6820 | Robert Paul Langley, Jr. v. Jeff Premo, Superintendent, Oregon State Penitentiary | Oregon | 2018-11-26 | Denied | Response WaivedIFP | fourth-amendment fourth-amendment-violation ineffective-assistance ineffective-assistance-of-counsel judicial-authorization particularity particularity-requirement search-warrant seizure sixth-amendment | 1. Does the Fourth Amendment require that a search warrant particularly describe the things to be seized? 2. Does the Fourth Amendment require that a… |
| 18-687 | Auriel Devon Frett v. Territory of the Virgin Islands | Virgin Islands | 2018-11-26 | Denied | chambers-v-mississippi co-defendant-testimony confrontation confrontation-clause criminal-procedure cross-examination cumulative-error-doctrine due-process jury-instructions sentencing sixth-amendment | 1. Whether the instruction to not consider the specific length of sentence a testifying co-defendant faced absent cooperation violates a defendant's s… | |
| 18-6781 | Joan E. Farr v. Commissioner of Internal Revenue | Tenth Circuit | 2018-11-23 | Denied | Response WaivedRelisted (2)IFP | 14th-amendment 6th-amendment 7th-amendment 8th-amendment civil-rights constitutional-rights due-process judicial-conspiracy legal-representation sixth-amendment | Whether Joan Farr was denied due process of law under the Fifth Amendment, the right to an attorney under the Sixth Amendment, the right to a jury tri… |
| 18-6791 | Benjamin Bland v. United States | Fourth Circuit | 2018-11-23 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure cross-examination evidence evidence-admissibility government-evidence harmless-error hearsay sixth-amendment social-security-administration trial-procedure | Whether petitioner's Sixth Amendment right to confront witnesses against him was violated where a spreadsheet (Government's Exhibit MD-313) created by… |
| 18-6793 | Derrick Lamont Booth v. Wendy Kelley, Director, Arkansas Department of Correction | Eighth Circuit | 2018-11-23 | Denied | Response WaivedRelisted (2)IFP | 6th-amendment criminal-procedure due-process expert-testimony fire-investigation ineffective-assistance-of-counsel nfpa-921 sixth-amendment standard-of-review standard-protocols trial-strategy | Whether the state court violated Mr. Booths 6th Amendment Rights, when it clearly showed that due to his counsels unprofessional errors and la:jk of t… |
| 18-680 | Erica Huss, Warden v. Loren Robinson | Sixth Circuit | 2018-11-23 | Denied | criminal-procedure due-process federal-law habeas habeas-corpus jury-right parole-eligibility sentencing sixth-amendment | 1. Whether it is clearly established federal law, as is required to grant relief in a federal habeas case, that the Sixth Amendment jury right applies… | |
| 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… | |
| 18-6777 | Kenya Ali Hyatt v. Michigan | Michigan | 2018-11-21 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | eighth-amendment fourteenth-amendment jury-determination juvenile-life-without-parole juvenile-sentencing miller-v-alabama proof-beyond-reasonable-doubt sentencing sentencing-statute sixth-amendment | I. Whether Michigan's Miller v. Alabama sentencing statute requires a jury determination and proof beyond a reasonable doubt, under the Sixth and Four… |
| 18-6782 | Tia Marie-Mitchell Skinner v. Michigan | Michigan | 2018-11-21 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | eighth-amendment fourteenth-amendment jury-determination juvenile-life-without-parole juvenile-sentencing miller-v-alabama proof-beyond-reasonable-doubt sentencing-statute sixth-amendment | I. Whether Michigan's Miller v. Alabama sentencing statute requires a jury determination and proof beyond a reasonable doubt, under the Sixth and Four… |
| 18-650 | Miguel Cabrera-Rangel v. United States | Fifth Circuit | 2018-11-20 | Denied | Amici (5)Response Waived | acquittal-impact acquitted-conduct criminal-procedure criminal-sentencing double-jeopardy due-process judicial-discretion jury-trial sentencing sixth-amendment | Whether, or under what circumstances, the Sixth Amendment right to jury trial prohibits a federal court from basing a criminal defendant's sentence on… |
| 18-6749 | James Barnes v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2018-11-20 | Denied | IFP | constitutional-violation criminal-procedure faretta-right faretta-v-california mitigation mitigation-investigation presentencing-investigation pro-se-defendant sixth-amendment special-counsel | Whether Florida's use of "special counsel" to investigate and present mitigation and its requirement of a presentencing investigation report to provid… |
| 18-6750 | Rita Pultro v. Pennsylvania | Pennsylvania | 2018-11-20 | Denied | Response RequestedRelisted (2)IFP | codefendant codefendant-confession confession confrontation-clause criminal-procedure due-process evidence evidence-admission hearsay redaction sixth-amendment | Should a court look beyond the four corners of a nontestifying codefendant's confession to determine if introduction of the confession violates the Co… |
| 18-6764 | Kenneth Ray Borders v. United States | Eighth Circuit | 2018-11-20 | Denied | Response WaivedIFP | constitutional-rights criminal-defendant criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interlocutory-appeal presumption-of-prejudice roe-v-flores-ortega sixth-amendment trial-counsel | Does the "presumption of prejudice" recognized in Roe v. FloresOrtega , 528 U.S. 470 (2000), apply where a criminal defendant instructs his trial coun… |
| 18-6724 | Roger Lee Ozier v. Shirlee Harry, Warden | Sixth Circuit | 2018-11-19 | Denied | Response WaivedIFP | appellate-review armed-robbery bank-robbery confrontation-clause criminal-procedure cross-examination eyewitness-testimony fair-trial ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence probable-cause sixth-amendment | THE EVIDENCE PRESENTED AT TRIAL WAS INSUF- FICIENT TO SUSTAIN MR. OZIER'S CONVICTION FOR ARMED ROBBERY AND BANK ROBBERY. PETITIONER WAS DENIED HIS RI… |
| 18-6728 | Francisco R. Quintana v. Colorado | Colorado | 2018-11-19 | Denied | IFP | constitutional-claims criminal-procedure defense-evidence due-process evidence exclusion-of-evidence fourteenth-amendment materiality-requirement right-to-present-defense sixth-amendment | What showing must a defendant make to establish that the erroneous exclusion of defense evidence at trial violated the defendant's Sixth and Fourteent… |
| 18-6695 | Zafar Mehmood v. United States | Sixth Circuit | 2018-11-16 | Denied | Response WaivedIFP | appellate-review court-interpreters-act due-process judicial-procedure plain-error plain-error-standard right-to-interpreter sixth-amendment statutory-interpretation statutory-procedures waiver waiver-of-right-to-interpreter | Whether the plain error standard applies to appellate review of a claim that the district court's acceptance of a waiver by defense counsel of his cli… |
| 18-6725 | Charles Wayne Bussell v. Kentucky | Kentucky | 2018-11-16 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure cross-examination due-process impeachment impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel post-conviction-hearing post-conviction-relief postconviction-hearing sixth-amendment tainted-testimony trial-strategy witness-testimony | After Petitioner was convicted of robbery and murder, the state court decided that Defense counsel's cross-examination of two critical witnesses was i… |
| 18-640 | Nicholas Bernard Acklin v. Alabama | Alabama | 2018-11-16 | Denied | Amici (2) | attorney-client-relationship conflict-of-interest criminal-defense death-penalty fourteenth-amendment ineffective-assistance-counsel ineffective-assistance-of-counsel sixth-amendment third-party-payment | Whether a criminal defendant is deprived of his Sixth and Fourteenth Amendment rights to conflict-free counsel when his lawyer is paid by a third part… |
| 18-6708 | Clifford D. Williams v. Ohio | Ohio | 2018-11-15 | Denied | IFP | capital-punishment death-penalty eighth-amendment judge-sentencing jury-trial jury-verdict sentencing-phase sixth-amendment spaziano-v-florida | Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida? |
| 18-6709 | Lawrence Alfred Landrum v. Ohio | Ohio | 2018-11-15 | Denied | IFP | capital-sentencing death-penalty eighth-amendment judge-sentencing judicial-discretion jury-recommendation jury-sentencing jury-trial sixth-amendment spaziano-v-florida | In Hurst u. Florida, _ U.S. _, 136 S. Ct. 616 (2016), this Court: (a) overruled (1989), (b) invalidated Florida's capital punishment statute, and (c) … |
| 18-6718 | Timothy Edwards v. United States | Seventh Circuit | 2018-11-15 | Denied | Response WaivedIFP | attorney-abandonment due-process excusable-neglect pro-se pro-se-defendant rule-4(b) rule-4b sixth-amendment | The Appellate Court violated Mr. Edwards Sixth Amendment Due Process Rights and Supreme Court precedent by the strict application of Rule 4(b). Where … |
| 18-6666 | Oscar Sosa v. United States | Fifth Circuit | 2018-11-14 | Denied | Response WaivedIFP | confrontation-clause crawford-v-washington criminal-procedure drug-trafficking due-process expert-testimony plain-error-review prosecutorial-misconduct sixth-amendment witness-credibility | 1. Isa federal agent's testimony about an out-of-court agent's report of drug trafficking by an unindicted coconspirator, when linked to and used agai… |
| 18-6683 | Cody Sakoman v. California | California | 2018-11-14 | Denied | Response WaivedIFP | constitutional-rights due-process fair-trial fifth-amendment fourteenth-amendment judicial-procedure jury jury-deliberation readback sixth-amendment witness-testimony | Whether a defendant was denied his rights to a fair trial and to due process of law under the Fifth, Sixth and Fourteenth Amendments when the trial co… |
| 18-6699 | James Tyrell Drane v. Michigan | Michigan | 2018-11-14 | Denied | IFP | constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sixth-amendment | I. DOES PETITIONER DRANE HAVE A DUE PROCESS RIGHT TO PLEA WITHDRAWAL OR AT MINIMUM A GINTHER HEARING WHERE HIS PLEA WAS UNKNOWING AND INVOLUNTARY, RES… |
| 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 … |
| 18-6703 | David Richard Trimble v. Darrel Vannoy, Warden | Fifth Circuit | 2018-11-14 | Denied | Response WaivedIFP | aggravated-rape Confrontation-Clause criminal-procedure cross-examination due-process fourteenth-amendment ineffective-assistance Ineffective-assistance-of-counsel jackson-v-virginia sixth-amendment Statute-of-limitations sufficiency-of-evidence | Reasonable jurists would find it debatable whether the evidence was insufficient to find David Trimble guilty of four counts of Aggravated Rape beyond… |
| 18-6704 | Aaron Jonathon Zemke v. Michigan | Michigan | 2018-11-14 | Denied | IFP | abuse-of-discretion bias criminal-procedure ineffective-assistance judicial-bias judicial-discretion motion-to-withdraw plea-bargain plea-bargaining plea-withdrawal prejudice prosecutorial-bias prosecutorial-misconduct sixth-amendment trial-court-discretion | Mr. Zemke received ineffective assistance under the Sixth Amendment when counsel misrepresented Mr. Zemke's case to induce a plea bargain, prejudiced … |
| 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… |
| 18-6656 | Timothy Kyle Prince v. Shane Jackson, Warden | Sixth Circuit | 2018-11-13 | Denied | IFP | constitutional-rights due-process eyewitness-identification fair-trial fourteenth-amendment sixth-amendment suggestive-identification suggestive-procedures unreliable-identification witness-identification | WHETHER PETITIONER WAS DENIED OF HIS SIXTH AND FOURTEENTH AMENDMENT RIGHTS TO A FAIR TRIAL, DUE PROCESS, WHERE BOTH GREGORY AND BRENDA RUSHLOW'S IN-CO… |
| 18-6659 | James Rodwell v. Massachusetts | Massachusetts | 2018-11-13 | Denied | Response WaivedRelisted (2)IFP | agency-relationship criminal-informant criminal-procedure government-agent implicit-agreement jailhouse-informant massiah massiah-doctrine sentencing-benefits sixth-amendment | Whether an in-custody criminal informant who has repeatedly benefited monetarily and received lesser sentences from previous cooperation with the gove… |
| 18-6623 | Carlos Cosme v. United States | Ninth Circuit | 2018-11-09 | Denied | Response WaivedIFP | 28-usc-2255 criminal-procedure criminal-procedure-plea-bargaining effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-agreement plea-bargaining sixth-amendment standard-of-review | Did the District Court Commit Error in Applying the Standard of review for Motions to Withdraw a Plea Agreement as to an Issue of a Question of the Ef… |
| 18-6621 | Aloeng Kelly Vang v. Tom Roy, Commissioner, Minnesota Department of Corrections | Eighth Circuit | 2018-11-08 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure effective-assistance-of-counsel effective-counsel ineffective-assistance-of-counsel plea-bargaining prejudice-prong sixth-amendment state-law straight-plea straight-pleas trial-rights ultimate-authority | Where offers of straight pleas to the district court is permitted under state law, does state criminal defendants receive their Sixth Amendment right … |
| 18-6593 | 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… |
| 18-6582 | Kareem Glass v. Melissa Hainsworth, Superintendent, State Correctional Institution at Somerset | Third Circuit | 2018-11-06 | Denied | Response WaivedIFP | appellate-procedure appellate-rights capital-punishment constitutional-rights death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel mitigating-circumstances penalty-phase sixth-amendment waiver waiver-of-rights | WHERE CAPITAL COUNSEL INDUCED PETITIONER INTO A WAIVER OF HIS ENTIRE PENALTY PHASE AND A WAIVER OF HIS APPELLATE RIGHTS IN RETURN FOR A GUARANTEED LIF… |
| 18-6544 | Robert Joe McNemar v. Ralph Terry, Acting Warden | Fourth Circuit | 2018-11-05 | Denied | IFP | 14th-amendment 6th-amendment competency competency-evaluation criminal-defendant due-process fourteenth-amendment ineffective-assistance-of-counsel mental-health plea-bargain plea-bargaining sixth-amendment | Does due process under the Constitution's Sixth and Fourteenth Amendments require a State trial court to make an EXPRESS independent competency determ… |
| 18-6550 | Anthony Thomas v. Darrell Vannoy, Warden | Fifth Circuit | 2018-11-02 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | affidavit costs court-fees declaration effective-assistance-of-counsel financial-disclosure habeas-corpus in-forma-pauperis income-declaration ineffective-assistance-of-counsel legal-indigency poverty prejudice procedural-default redress sixth-amendment | Question not identified. |
| 18-6510 | Frank Pruitt v. New York | New York | 2018-11-01 | Denied | IFP | 1st-amendment 6th-amendment courtroom-access criminal-procedure due-process judicial-discretion judicial-inquiry public-trial removal-from-trial right-to-attend-trial right-to-observe sixth-amendment | Was the right to a Public trial, and the right of the Public to attend trial, abrogated when the trial judge failed to conduct careful inquiry "before… |
| 18-6532 | Austin Myers v. Ohio | Ohio | 2018-11-01 | Denied | IFP | capital-punishment death-penalty death-penalty-statute eighth-amendment judge-sentencing judicial-sentencing jury-trial jury-verdict sixth-amendment spaziano-v-florida | Did Hurst v. Florida render Ohio's death penalty scheme unconstitutional? |
| 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… |
| 18-6513 | Byron Christopher Chinchilla v. Greg Lewis, Warden | Ninth Circuit | 2018-10-31 | Denied | IFP | appeal criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel sixth-amendment attempted-murder criminal-gang due-process fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel intellectual-disability mental-health sentencing sixth-amendment | Whether the Ninth Circuit erred in affirming the district court's denial of habeas relief based on ineffective assistance of counsel claims. |
| 18-564 | Rosemary L. Decosimo v. Tennessee | Tennessee | 2018-10-31 | Denied | Response Waived | civil-rights constitutional-rights criminal-procedure due-process fair-trial fifth-amendment forensic-science fourteenth-amendment impartiality law-enforcement sixth-amendment standing | Whether the right to a fair trial guaranteed by the Sixth Amendment and right to due process under the Fifth and Fourteenth Amendments of the United S… |
| 18-6466 | Wilson C. Ortega v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation | Ninth Circuit | 2018-10-29 | Denied | Response WaivedIFP | assault criminal-enhancement criminal-street-gang criminal-threats false-imprisonment gang-evidence gang-related ineffective-assistance-of-counsel predicate-offenses prejudicial-evidence sixth-amendment trial-procedure | In California, evidence of other gang members' commission of qualifying predicate offenses is relevant to prove criminal street gang enhancements, but… |
| 18-6472 | James Gibson v. United States | Eleventh Circuit | 2018-10-29 | Denied | Response WaivedIFP | almendarez-torres criminal-procedure drug-offenses jury-trial mandatory-minimum prior-convictions reasonable-doubt recidivism sentencing sentencing-enhancement sixth-amendment | Whether the Petitioner's sentence violated his Sixth Amendment right to a jury trial when the district court imposed a minimum mandatory sentence of l… |
| 18-6475 | Lewis Wright v. Pennsylvania | Pennsylvania | 2018-10-29 | Denied | Response WaivedIFP | brady-violation confrontation-clause criminal-procedure cross-examination cross-examination-rights due-process evidence-disclosure fourteenth-amendment parole perjury prosecutorial-misconduct sixth-amendment witness-bias | WHETHER THE COURT OF COMMON PLEAS ERRED IN LIMITING MR. STEEN ABILITY TO ESTABLISH WITNESS JOSEPH FARLEY'S BIAS WHERE MR. STEIN WAS PREVENTED FROM INQ… |
| 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 … | |
| 18-6438 | Oscar Kenneth Moreno v. Alana Butler | California | 2018-10-26 | Denied | IFP | confrontation-clause dna-evidence dna-testing due-process expert-testimony fourteenth-amendment remand scientific-evidence sentencing sixth-amendment | Question 1. The Trial Presentation Violated My Sixth and fourteenth Amendment Rights to Confront and Cross-Examine His Accussers. Scientific Evidence … |
| 18-6457 | Abel Puente v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2018-10-26 | Denied | Response WaivedIFP | constitutional-rights counsel-of-choice criminal-procedure effective-assistance-of-counsel indigent-defendant retained-attorney right-to-discharge-counsel sixth-amendment | WHETHER THE SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL AND TO COUNSEL OF CHOICE, WHICH ALSO PROVIDED THE RIGHT TO DISCHARGE COUNSEL, WIL… |
| 18-6462 | Juan Carlos Mendez v. California | California | 2018-10-26 | Denied | Response WaivedIFP | criminal-procedure cross-examination due-process fifth-amendment fourteenth-amendment prosecutorial-misconduct sixth-amendment | In a child molestation case, the defendant took the stand and denied that any abuse had occurred. The prosecutor then cross-examined him at length reg… |
| 18-6463 | Jose Gilberto Portillo v. United States | District of Columbia | 2018-10-26 | Denied | Response WaivedIFP | counsel-obligations counsel-obligations-guilty-plea critical-stage due-process guilty-pleas ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper language-barrier missouri-v-frye non-english-speaker plea-bargaining plea-negotiation sixth-amendment young-defendant | Whether the DC Court of Appeals' decision directly conflicts with and seriously undermines controlling authority of the Supreme Court on counsel's fun… |
| 18-543 | State Correctional Institution at Fayette, et al. v. Jerry Reeves | Third Circuit | 2018-10-25 | Denied | Response RequestedResponse WaivedRelisted (2) | actual-innocence criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel new-evidence new-evidence-requirement post-conviction-relief procedural-default sixth-amendment trial-review untimely-petition untimely-petitions | Whether evidence that was available but not presented at trial satisfies the new evidence requirement of the actual innocence exception which permits … |
| 18-6418 | Denver Ivan Wilson v. Florida | Florida | 2018-10-24 | Denied | Response WaivedIFP | civil-rights due-process fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel procedural-due-process sentence-enhancement sentencing-enhancement sixth-amendment | Whether the trial Courts denial of Petitioners Writ of Habeas Corpus Filed Pursuant to florida Rules of Court 3.850 (m) alleging that Petitioner Could… |
| 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… |
| 18-6423 | Marlan McRae v. United States | Sixth Circuit | 2018-10-24 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | attorney-misconduct conflict-of-interest constitutional-rights due-process fiduciary-conflict fiduciary-conflict-of-interest fiduciary-duty ineffective-assistance ineffective-assistance-of-counsel legal-ethics manifest-necessity sixth-amendment vague-precedent | Can the unconscionable and illegal actions of an attorney, in addition to a fiduciary conflict of interest between an attorney and his client, amount … |
| 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 … |
| 18-6362 | Edwin Darrell Lett v. Mississippi | Mississippi | 2018-10-17 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment civil-rights continuance counsel criminal-procedure death-penalty due-process fair-trial fourteenth-amendment ineffective-assistance-counsel sixth-amendment state-procedure trial | WHETHER THE MISSISSIPPI SUPREME COURT'S DECISIONS AND JUDGMENTS ARE FINAL UNDER 28 U.S.C. SECTION 1257. WHETHER CONSTRUCTIVE AMENDMENT OF THE INDICTM… |
| 18-6344 | Brandon Eugene Lacy v. Arkansas | Arkansas | 2018-10-16 | Denied | IFP | criminal-procedure cumulative-error cumulative-error-analysis fundamental-fairness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health neuropsychological-evaluation neuropsychological-testing Sixth-Amendment strickland-standard Strickland-v-Washington | 1. Whether the Arkansas Supreme Court misapplied this Court's ruling in Strickland v. Washington, 466 U.S. 688 (1984) by finding it reasonable for tri… |
| 18-6330 | Jose Arnaldo Rodrigues v. Ron Davis, Warden | Ninth Circuit | 2018-10-16 | Denied | IFP | civil-rights due-process evidentiary-hearing fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel sixth-amendment standing | Whether federal habeas review of a silent state court denial of competency-related habeas claims must consider the state court's appellate opinion on … |
| 18-6326 | Terry Alfred Coxe v. Daniel White, Superintendent, Washington State Corrections Center | Ninth Circuit | 2018-10-15 | Denied | Response WaivedRelisted (2)IFP | aedpa aedpa-limitations civil-rights counsel-abandonment due-process equitable-tolling fair-trial habeas-corpus ineffective-counsel pro-se-litigant sixth-amendment statute-of-limitations | WHETHER THE LOWER COURTS RULINGS' DIRECTLY CONFLICT WITH THE HOLDINGS IN (1) McQUIGGIN V. PERKINS; (2) CRONIC V. UNITED STATES, AND (3) CUYLER V. SULL… |
| 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… |
| 18-6324 | Akinlabi Coleman v. Colorado | Colorado | 2018-10-15 | Denied | Response WaivedIFP | bench-trial constitutional-rights criminal-procedure due-process habitual-criminal habitual-offender jury-trial sixth-amendment | 1) Were Mr. Coleman's Sixth Amendment rights to a jury determination of every element of an offense violated when he was only allowed a bench trial to… |
| 18-6309 | Warren Justin Hardy v. California | California | 2018-10-12 | Denied | IFP | comparative-analysis equal-protection fair-trial fourteenth-amendment jury-selection peremptory-challenges peremptory-strike peremptory-strikes racial-discrimination racial-overtones sixth-amendment | Whether, in a case with racial overtones, the California Supreme Court's refusal to conduct a meaningful comparative analysis, or infer a likelihood o… |
| 18-6304 | Alex Lenard McCoy v. United States | Fourth Circuit | 2018-10-12 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment article-iii confrontation-clause constitutional-rights criminal-procedure due-process fifth-amendment plea-agreement plea-bargaining rule-11 self-incrimination sixth-amendment speedy-trial | Whether the Defendant's rights under Article III, Section 2 of the United States Constitution for the trial of his crimes by jury in the State where t… |
| 18-6275 | Ricardo Lupian-Barajas v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2018-10-11 | Denied | Response WaivedIFP | certificate-of-appealability due-process eleventh-circuit federal-rules-of-appellate-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-proceedings prosecutorial-misconduct sixth-amendment strickland strickland-standard | I. DID THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT DEPART FROM THE ACCEPTED AND USUAL COURSE OF JUDICIAL PROCEEDINGS WHEN IT FAILED… |
| 18-456 | Michael J. Persico v. United States | Second Circuit | 2018-10-11 | Denied | Response Waived | apprendi due-process fifth-amendment judicial-discretion jury-trial plea-agreement plea-bargaining sentencing sixth-amendment substantive-reasonableness | 1. Does Petitioner's sentence, which would have been deemed substantively unreasonable in the absence of the district court's factual findings, violat… |
| 18-6285 | Mady Chan, aka Maddy, aka Mandy, aka Manny v. United States | Ninth Circuit | 2018-10-10 | Denied | Response WaivedIFP | constitutional-right constitutional-rights counsel-advice criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel padilla-precedent padilla-v-kentucky sixth-amendment speedy-trial-act | Should the holding in Padilla v. Kentucky, 559 U.S. 356 (2010) that an attorney's failure to advise a criminal client of succinct, clear, and explicit… |
| 18-6278 | John Martin, Sr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2018-10-10 | Denied | IFP | confrontation-clause constitutional-rights due-process evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel sixth-amendment speedy-trial unreasonable-determination-of-facts | 1. Where the constitutional issues raised was to the degree that should have been debatable among jurist of reason, and were not lacking any factual b… |
| 18-6273 | Antoine Davis v. United States | Third Circuit | 2018-10-10 | Denied | Response WaivedRelisted (2)IFP | abuse-of-discretion civil-procedure constitutional-rights due-process evidence evidence-exclusion fair-trial fifth-amendment government-witness ineffective-assistance-of-counsel plain-error sixth-amendment | Whether the Lower Court Misapprehended its Abuse of discretion when the lower court excluded evidence of the Government witness, which evidence was pu… |
| 18-6262 | Richard Penunuri v. California | California | 2018-10-09 | Denied | IFP | constitutional-requirement criminal-sentencing death-penalty eighth-amendment fact-finding fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding reasonable-doubt sixth-amendment | Does California's death penalty scheme violate the requirement under the Fifth, Sixth, Eighth and Fourteenth Amendments that every fact that serves to… |
| 18-6247 | Roy Parker v. Burl Cain, Warden | Fifth Circuit | 2018-10-09 | Denied | IFP | 6th-amendment competency conflict-of-interest constitutional-provisions due-process evidentiary-hearing ineffective-assistance-of-counsel right-to-testify sixth-amendment | 1). Did Petitioner receive the effective assistance of counsel as guaranteed by the Amendment to the United States Co,wtithl.ion 4ien trial counsel al… |
| 18-6185 | Jason Beckman v. Florida | Florida | 2018-10-02 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | apprendi apprendi-v-new-jersey criminal-procedure due-process fact-finding factfinding jury-factfinding juvenile-sentencing life-sentence miller-factors miller-v-alabama sentencing-factors sixth-amendment | Petitioner Jason Beckman, a juvenile at the time of the offense, was convicted of first-degree murder. Because he was a juvenile, he received an indiv… |
| 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… |
| 18-6165 | Paul E. Rinehart v. Ohio | Ohio | 2018-10-02 | Denied | Response WaivedIFP | apprendi-v-new-jersey criminal-procedure due-process judicial-fact-finding jury-trial sentencing-enhancement sentencing-guidelines sixth-amendment trial-by-jury | Can a trial court enhance a defendant's sentence(s) to more than the minimum sentence upon judicial fact finding from a judge rather than the findings… |
| 18-6148 | Atul Nanda v. United States | Fifth Circuit | 2018-10-01 | Denied | Response WaivedIFP | Brady-Doctrine brady-rule brady-v-maryland confrontation-clause due-process fifth-amendment Giglio-Doctrine giglio-rule giglio-v-united-states new-trial plea-agreement Plea-Agreements plea-bargaining sixth-amendment witness-testimony | Are the Defendants' Constitutional Rights Under the Sixth and Fifth Amendments to Confront the Witnesses Against Them and to Due Process, Respectively… |
| 18-6159 | Charlise Williams v. United States | Seventh Circuit | 2018-10-01 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure due-process evidence loss-calculation sentencing sixth-amendment victim-count | Was the Petitioners Sixth Amendment right, under the Confrontation Clause violated? Was the Petitioners potentially violated Sixth Amendment Right, u… |
| 18-6139 | Julia Monique Frias v. United States | Tenth Circuit | 2018-09-28 | Denied | Response WaivedIFP | barker-v-wingo constitutional-rights government-delay judicial-review prejudice pretrial-incarceration reduced-sentence sixth-amendment speedy-trial state-sentence tenth-circuit | I. Whether a defendant's lost opportunity to seek a reduced state sentence under state law can constitute prejudice under Barker? II. Whether to show… |
| 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'… |
| 18-6124 | Sherman Washington, aka Sherman Lance Washington v. Carmen Denise Palmer, Warden | Sixth Circuit | 2018-09-28 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process evidence evidence-admission fair-trial fair-trial-denial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel mre-404b other-bad-acts other-bad-acts-testimony res-gestae sixth-amendment | WHETHER PETITIONER WAS DENIED A FAIR TRIAL BY THE ADMISSION OF IRRELEVANT OTHER BAD ACTS TESTIMONY; THE EVIDENCE WAS NOT ADMISSIBLE UNDER EITHER MRE 4… |
| 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. |
| 18-6078 | Carlton B. Springer v. Ohio | Ohio | 2018-09-25 | Denied | Response WaivedIFP | civil-procedure constitutional-right criminal-procedure due-process ineffective-assistance-of-counsel outcome-determinative prejudice-prong sixth-amendment standing | Do Ohio Courts err when they insist that the prejudice prong of an ineffective assistance of counsel claim requires proof that counsel's deficient per… |
| 18-6064 | Robert L. Rose v. Leroy Kirkegard, Warden, et al. | Ninth Circuit | 2018-09-24 | Denied | IFP | constitutional-rights criminal-procedure ineffective-assistance lafler-v-cooper plea-negotiations remedies remedy sixth-amendment united-states-v-morrison | Whether this Court should grant certiorari to clarify the appropriate remedy for ineffective assistance during plea negotiations. Whether the remand … |
| 18-6060 | James Chavez v. Robert LeGrand, Warden, et al. | Ninth Circuit | 2018-09-20 | Denied | Response WaivedIFP | confrontation-clause crawford-precedent crawford-v-washington cross-examination hearsay-exception preliminary-hearing sixth-amendment testimonial-statements witness-unavailability | Whether, pursuant to Crawford v. Washington, 541 U.S. 36 (2004), a Prosecution can Admit Prior Testimonial Statements, Including a Video-taped Intervi… |
| 18-6059 | Cedric Carter v. Ohio | Ohio | 2018-09-20 | Denied | IFP | capital-punishment capital-sentencing death-penalty eighth-amendment judge-sentencing jury-trial jury-verdict sentencing-phase sixth-amendment spaziano-v-florida | Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida ? |
| 18-6056 | Harley Blevins, Sr. v. Florida | Florida | 2018-09-20 | Denied | Response WaivedIFP | almendarez-torres constitutional-law criminal-procedure criminal-punishment-code due-process jury-trial jury-verdict prior-conviction sentence-enhancement sentencing sentencing-enhancement sixth-amendment | Is Florida's Prison Releasee Reoffender Act, which nullifies a Criminal Punishment Code (CPC) sentence, unconstitutional and a violation of the Sixth … |
| 18-6046 | Michael Skillern v. United States | Eleventh Circuit | 2018-09-20 | Denied | Response WaivedRelisted (2)IFP | access-to-counsel constitutional-error due-process extraterritorial-effect geders-v-united-states harmless-error mail-fraud perry-v-leeke sixth-amendment structural-error subject-matter-jurisdiction trial-recess wire-fraud | DID THE DISTRICT COURT'S ORDER PROHIBITING DEFENDANT SKILLERN, FROM CONFERRING WITH TRIAL COUNSEL DURING AN OVERNIGHT RECESS, REGARDING DEFENDANT SKIL… |
| 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 … |
| 18-6045 | Corey Levon Beckham v. Darrell Miller, Warden | Fourth Circuit | 2018-09-19 | Denied | IFP | drug-abuse equal-protection fourth-amendment habeas-corpus ineffective-assistance mental-illness sixth-amendment strickland-v-washington unprofessional-conduct | Did the Fourth Circuit erred in holding District Court decision for failing to accept the showing of the two (2) prong test in' Strickland v. Washingt… |
| 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… |
| 18-6028 | Maurice Baum v. United States | Fourth Circuit | 2018-09-18 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure drug-amount drug-crimes due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sixth-amendment | Was Trial Counsel's failure to object to the District Court's determination and findings of the drug amount attributable to the Petitioner objectively… |
| 18-6015 | Gustavo Torres-Medel v. Jacqueline Lashbrook, Warden | Seventh Circuit | 2018-09-18 | Denied | Response WaivedIFP | cross-examination defense-presentation discovery expert-witness ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment sixth-amendment-rights trial-counsel | Were Acker dents Sixth Ameadment rights tt preloted when DD frial counsel Farled to utilize an expert ness trial counsel farted te present delense He… |
| 18-6014 | Javier Vega-Orozco v. United States | Fifth Circuit | 2018-09-18 | Denied | Response WaivedIFP | alleyne almendarez-torres apprendi Certiorari criminal-procedure due-process sentencing sixth-amendment Supreme-Court | Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 18-5983 | Louis Charlton v. United States | Sixth Circuit | 2018-09-18 | Denied | Response WaivedIFP | criminal-defense criminal-procedure due-process fair-opportunity fair-trial impartial-jury present-defense sixth-amendment trial-by-jury trial-rights | Was Petitioner denied the Sixth Amendment guarantee of a trial by an impartial jury when he was not allowed a fair opportunity to present his defense … |
| 18-5982 | Todd F. Britton-Harr v. United States | Fifth Circuit | 2018-09-18 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel lee-v-united-states prejudice prejudice-standard reasonable-person sixth-amendment | Does the Court's decision in Lee v. United States, 137 S.Ct. 1958 (2017) allow lower courts to require a showing that a "reasonable person" would have… |
| 18-5980 | Shelton Denoria Jones v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2018-09-14 | Denied | IFP | 28-U.S.C-2254(e)(2) 28-usc-2254 diligence evidentiary-hearing factual-basis fair-trial federal-court federal-procedure fourteenth-amendment habeas-corpus sixth-amendment state-court state-court-review | (1) In a federal habeas corpus proceeding where the state court did not hold a hearing or receive evidence to adjudicate facts on a claim, has the hab… |
| 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… |
| 18-5953 | Antowan Thorne v. United States | Fourth Circuit | 2018-09-12 | Denied | Response WaivedIFP | certificate-of-appealability district-court-error due-process evidentiary-hearing franks-hearing ineffective-assistance ineffective-assistance-of-counsel motion-for-new-trial new-trial search-suppression sixth-amendment witness-testimony | SHOULD WRIT OD CERTIORARI BE GRANTED TO REVIEW IF THE DISTRICT COURT ERRED IN DENYING THE MOTION FOR NEW TRIAL OR EVIDENTIARY HEARING WHEN COUNSEL FAI… |
| 18-5948 | Patrick Henry Murphy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2018-09-12 | Denied | IFP | conspiracy criminal-conspiracy death-penalty death-penalty-sentencing eighth-amendment enmund-v-florida-tison-v-arizona felony felony-murder jury-findings sentencing-requirements sixth-amendment | Does the Sixth or Eighth Amendment require that before a party may be sentenced to death as a conspirator (rather than a trigger-person), the jury mus… |
| 18-5932 | Ronald Jones v. Steven Johnson, Administrator, New Jersey State Prison, et al. | Third Circuit | 2018-09-11 | Denied | Response WaivedIFP | actual-innocence certificate-of-appealability constitutional-violation criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus medical-evidence section-2254 sixth-amendment state-conviction | Whether Peti -tioner has shown clear and convincin evidence of a credible actual inno cence claim - from his State conviction? Whether the withheld … |
| 18-5938 | Mark David Bailey v. Noah Nagy, Warden | Sixth Circuit | 2018-09-11 | Denied | Response WaivedIFP | brady-violation constitutional-error criminal-procedure due-process evidence expert-evidence habeas-corpus sixth-amendment sixth-circuit-review suppression-of-evidence | 1.) Can a fairminded jurist exclude expert evidence indicating that someone else committed a murder based solely on the jurist's lay disagreement with… |
| 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… |
| 18-5924 | Evangelisto Ramos v. Louisiana | Louisiana | 2018-09-11 | Judgment Issued | Amici (12)Response RequestedResponse WaivedRelisted (9)IFP | 14th-amendment 6th-amendment constitutional-law constitutional-rights criminal-procedure due-process equal-protection fourteenth-amendment incorporation incorporation-doctrine racial-discrimination sixth-amendment stare-decisis unanimous-jury unanimous-verdict | Whether the Fourteenth Amendment fully incorporates the Sixth Amendment guarantee of a unanimous verdict? |
| 18-313 | Albon C. Diamond, III v. Florida | Florida | 2018-09-11 | Denied | Response Waived | criminal-procedure due-process effective-assistance-of-counsel impeachment ineffective-assistance ineffective-assistance-of-counsel medical-evidence medical-testimony sixth-amendment strategic-decisions strickland strickland-standard | Whether the Sixth Amendment's guarantee of effective attorney representation in a criminal felony prosecution (applicable against the State of Florida… |
| 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 … |
| 18-5905 | Cortez Moore v. Illinois | Illinois | 2018-09-06 | Denied | Response WaivedIFP | criminal-procedure due-process fair-trial judicial-bias officer-testimony opening-argument prosecutorial-misconduct sixth-amendment testifying-officers witness-credibility | Whether the State of Illinois deprived Cortez Moore of a fair trial where during opening argument it repeatedly characterized the testifying officers … |
| 18-5892 | Andre Jackson v. Ohio | Ohio | 2018-09-06 | Denied | IFP | 6th-amendment 8th-amendment capital-punishment death-penalty eighth-amendment judge-sentencing judicial-sentencing jury-recommendation jury-sentencing jury-trial sixth-amendment | Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida? |
| 18-5902 | Terrence Javon Allen, Sr. v. Harold W. Clarke, Director, Virginia Department of Corrections | Fourth Circuit | 2018-09-05 | Denied | Response WaivedIFP | civil-rights due-process equal-protection pro-se sixth-amendment speedy-trial | , CIr K C, OA le , oc' - Pt-c -- Lower- C.O(P-c o1 iL cc oc £\Ler\ce... |
| 18-5900 | Juan Carlos Martinez-Barrientos v. United States | Fifth Circuit | 2018-09-05 | Denied | Response WaivedIFP | alleyne almendarez-torres apprendi constitutional-law criminal-law criminal-procedure due-process precedent-review sentencing sentencing-enhancement sixth-amendment statutory-interpretation supreme-court-review | Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 18-5896 | Beverly Allen Baker v. United States | Fourth Circuit | 2018-09-05 | Denied | Response WaivedRelisted (2)IFP | appellate-procedure civil-rights confrontation-clause conspiracy criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel multiple-conspiracies sentencing sentencing-guidelines sixth-amendment | 1. Should BAS cov exercise YS Super visecy authority to reverse Nig Bakers cangpiracy comvichon ® By the end th trial, the government concluded that … |
| 18-5884 | Matthew Gary Richardson v. United States | Sixth Circuit | 2018-09-05 | Denied | Response WaivedIFP | circuit-split generic-burglary intent-requirement judicial-factfinding mandatory-sentence mandatory-sentencing mathis mathis-peek mathis-v-united-states reasonable-doubt sentencing-enhancement sixth-amendment statutory-interpretation taylor | 1. Whether the "Mathis peek" used by the court below to guess if a fact is an element or a means of committing an offense violates the Sixth Amendment… |
| 18-5880 | Virginia S. Caudill v. Janet Conover, Warden | Sixth Circuit | 2018-09-05 | Denied | IFP | batson-challenge batson-v-kentucky circumstantial-evidence civil-rights due-process equal-protection habeas-corpus ineffective-assistance jury-selection peremptory-challenges prosecutorial-discrimination racial-discrimination sixth-amendment standing | Virginia Caudill stands convicted of capital murder. The U.S. District Court for the Eastern District of Kentucky dismissed her Petition for Habeas Co… |
| 18-5868 | William David Cannon v. Harold W. Clarke, Director, Virginia Department of Corrections | Virginia | 2018-09-04 | Denied | Response WaivedIFP | civil-rights cumulative-prejudice due-process fair-trial fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard | When a reviewing court on collateral appeal #1 dismisses as "non-cognizable under law" a Cumulative Effect/Aggregate Prejudice claim, asserting multip… |
| 18-269 | Alan Mapuatuli, et al. v. Matthew G. Whitaker, Acting Attorney General | Ninth Circuit | 2018-09-04 | Denied | attorney-client-privilege attorney-work-product civil-rights confidential-communication confidentiality criminal-procedure due-process federal-inmates prison-litigation-reform-act prosecutorial-misconduct sixth-amendment work-product-doctrine | 1. Resolving a conflict within federal courts, arethe Sixth Amendment rights of federal inmates and detainees to the assistance of counsel violated wh… | |
| 18-265 | Micah Patterson v. Harold W. Clarke, Director, Virginia Department of Corrections | Virginia | 2018-08-31 | Denied | Response RequestedRelisted (2) | adversarial confrontation constitutional-rights due-process expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel investigation sixth-amendment virginia-supreme-court | A. Did the Virginia Supreme Court err by effectively affirming a lower court holding that denied relief for Patterson's ineffective assistance of coun… |
| 18-5849 | Jose Soza v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2018-08-31 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions sixth-amendment state-postconviction | Q. (1): Whether state trial counsel rendered constitutionally ineffective assistance of counsel when he failed to present evidence that the alleged cr… |
| 18-5808 | Rafael Angel Rondon v. United States | Eleventh Circuit | 2018-08-29 | Denied | Response WaivedRelisted (2)IFP | 18-usc-924c 6th-amendment constitutional-law crimes-of-violence criminal-procedure due-process federal-law jury-instructions residual-clause sentencing sixth-amendment statutory-interpretation supreme-court-precedent violent-crime | Whether the Eleventh Circuit's 18 U.S.C. § 924(c) pattern jury instruction violates the Sixth Amendment because it concludes that the crutial question… |
| 18-5807 | Peter R. Rubens v. Darrel Vannoy, Warden | Fifth Circuit | 2018-08-29 | Denied | IFP | brady brady-violation cross-examination due-process prosecutorial-misconduct sixth-amendment structural-error witness-intimidation | Does Webb v. Texas apply when it is the Orleans Parish District Attorney's Office who systematically threatens, coerces, intimidates, and actually off… |
| 18-5793 | Ray Lamar Johnston v. Florida | Florida | 2018-08-28 | Denied | Relisted (4)IFP | caldwell-v-mississippi capital-punishment capital-punishment-system death-penalty due-process equal-protection florida harmless-error hurst-relief hurst-v-florida jury-trial sixth-amendment | 1. Does the Florida Supreme Court's holding that a Hurst error is per se harmless where a jury issues a generalized unanimous recommendation for death… |
| 18-5790 | Uiki Teaupa v. United States | Ninth Circuit | 2018-08-28 | Denied | Response WaivedIFP | 28-usc-2255 5th-amendment 6th-amendment discovery due-process evidentiary-hearing fifth-amendment government-misconduct pro-se pro-se-defendant section-2255 sixth-amendment | Does the Fifth and Sixth Amendment to the U.S. Constitution entitle A Pro Se Defendant the right to have (1) discovery conducted on his claims of gove… |
| 18-5786 | Donell A. Thomas v. United States | Seventh Circuit | 2018-08-28 | Denied | Response WaivedRelisted (2)IFP | 2255-motion certificate-of-appealability evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel loss-calculation rule-59(e)-motion rule-59e section-2255-motion sentencing sixth-amendment sixth-amendment-rights strickland-standard strickland-v-washington | Did the Petitioner in his 2255 Motion and Rule 59(e) motion prove his claim that the the Petitioner's trial and appellate counsel's failure to object … |
| 18-5772 | Aurelio Fidencio Saldivar v. G. D. Lewis, Warden | Ninth Circuit | 2018-08-28 | Denied | IFP | habeas-corpus ineffective-assistance sixth-amendment strickland strickland-standard tactical-rationales trial-counsel | 1. Is a habeas corpus petitioner alleging a Sixth Amendment claim of ineffective assistance of trial counsel required to address and rebut hypothetica… |
| 18-5769 | Edward Smith v. LaShann Eppinger, Warden | Sixth Circuit | 2018-08-28 | Denied | Response WaivedIFP | affidavit-of-indigence anti-terrorism-and-effective-death-penalty-act antiterrorism-and-effective-death-penalty-act civil-rights due-process habeas-corpus in-forma-pauperis ineffective-assistance-of-counsel motion-to-proceed rule-60(b) sixth-amendment sixth-circuit standard-of-review standing | When a district court denies a state inmate's petition for writ of habeas corpus under 28 U.S.C. § 2254, the inmate may appeal only if the district or… |
| 18-5778 | Jon Duke DePriest v. Pam Bondi, Attorney General of Florida, et al. | Eleventh Circuit | 2018-08-27 | Denied | Response WaivedIFP | confrontation-clause crawford-v-washington criminal-procedure due-process habeas-corpus hearsay sixth-amendment testimonial-hearsay | WHETHER PETITIONER'S SIXTH AMENDMENT RIGHT TO CONFRONT WITNESSES AGAINST HIM WERE VIOLATED WHEN THE PROSECUTOR PROVIDED TESTIMONIAL HEARSAY STATEMENTS… |
| 18-5753 | James Pello v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility | Seventh Circuit | 2018-08-27 | Denied | Response WaivedIFP | constitutional-error due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment ineffective-assistance jury-unanimity sixth-amendment unanimous-jury-verdicts | Whether the United States Court of Appeals for the Seventh Circuit, along with the Indiana State Court of last resort, have entered a decision in conf… |
| 18-5748 | Rory Allen Meeks v. United States | Eighth Circuit | 2018-08-27 | Denied | Response WaivedIFP | alleyne-v-united-states appellate-review constructive-amendment criminal-procedure drug-offense drug-offenses jury-instructions mccoy-v-louisiana mens-rea sentencing sixth-amendment | QUESTION I: Whether reasonable jurists might debate the following three questions: - In light of Alleyne v. United States., 135 S. Ct. and Apprendi v.… |
| 18-5736 | Joshua Moses v. United States | Third Circuit | 2018-08-24 | Denied | Response WaivedIFP | conflict-of-interest constitutional-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel multiplicitous-indictment prosecutorial-misconduct sixth-amendment trial-counsel | Whether the Prosecutor's conduct in charging petitioner with a multiplicitous indictment to gain a tactical advantage so infected the trial with unfai… |
| 18-5745 | Miguel Anthony Molina v. United States | Eleventh Circuit | 2018-08-24 | Denied | Response WaivedIFP | 841(a)(1) 922(g)(1) 924(e) criminal-procedure due-process ineffective-assistance jury-trial sentencing-enhancement sixth-amendment | SSUE (1) Did the Honorable Judge James S. Moody Jr. violate Mr. Molina's Sixth Amendment right to a jury trial in conjunction vith the due process cla… |
| 18-240 | Kirk Tang Yuk v. United States | Second Circuit | 2018-08-24 | Denied | Response Waived | co-conspirator-testimony criminal-procedure criminal-venue due-process government-overreach jurisdiction prosecutorial-discretion prosecutorial-misconduct sixth-amendment telephone-call-evidence venue venue-manipulation witness-location | Whether a prosecutor can manufacture venue in a particular district solely by bringing a cooperating witness to a favored district and having the witn… |
| 18-237 | Gary Thomas and Felix Parrilla v. United States | Second Circuit | 2018-08-23 | Denied | Response Waived | 6th-amendment civil-procedure conspiracy-venue constitutional constitutional-venue cooperating-witness criminal-procedure due-process federal-rules-of-criminal-procedure government-witness manufactured-venue prosecutorial-discretion sixth-amendment venue venue-determination venue-manipulation venue-provisions witness-cooperation | 1. Whether it is permissible under the venue provisions of the U.S. Constitution Article III, § 2, cl. 3; the Sixth Amendment; and Federal Rules of Cr… |
| 18-238 | South Carolina v. Lamont Antonio Samuel | South Carolina | 2018-08-23 | Denied | court-of-appeals criminal-procedure defendant-rights due-process ethics faretta-v-california judicial-conduct judicial-discretion judicial-integrity self-representation sixth-amendment unethical-conduct | Did the South Carolina Supreme Court err when it held — in conflict with many federal courts of appeals — that a trial court may not deny a criminal d… | |
| 18-5735 | Harry Lonzo-Bolton Ervin v. Michigan | Michigan | 2018-08-23 | Denied | IFP | apprendi-alleyne-rule apprendi-v-new-jersey constitutional-rule criminal-procedure criminal-sentencing habeas-corpus montgomery-v-louisiana retroactivity sentencing sentencing-range sixth-amendment teague-v-lane | Pursuant to the intervening Constitutional rule announced in Montgomery v Louisiana, 577 US ; 136 S Ct 718 (2016), which clarified the retroactivity j… |
| 18-5714 | Jose A. Rivera-Quinones v. Pennsylvania | Third Circuit | 2018-08-23 | Denied | IFP | abuse-of-process confrontation-clause constitutional-rights criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process fourteenth-amendment prejudicial-evidence sentencing sixth-amendment subject-matter-jurisdiction | Under Our United States Constitution, Amendment VI., Can A Trial Court Posess Subject Matter . Jurisdiction On A Criminal Offense Not Charged Within. … |
| 18-5702 | Miguel Angel Mejia v. United States | Eleventh Circuit | 2018-08-22 | Denied | IFP | article-iii article-three drug-enforcement executive-power jury-trial maritime-drug-law-enforcement-act maritime-law sixth-amendment subject-matter-jurisdiction | The parties to a case cannot manufacture federal subject-matter jurisdiction by stipulation. Nonetheless, the Maritime Drug Law Enforcement Act, 46 U.… |
| 18-5700 | Jerry Docaj v. Steven Johnson, Administrator, New Jersey State Prison, et al. | Third Circuit | 2018-08-22 | Denied | IFP | criminal-law criminal-procedure due-process fair-trial fourteenth-amendment ineffective-assistance jury-instructions manslaughter miranda-rights passion-provocation sixth-amendment | Mr. Docaj seeks leave to appeal the following issues: 1) Whether the jury instruction on passion/provocation manslaughter misstated the law, unconsti… |
| 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… |
| 18-5679 | 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… |
| 18-5673 | Eugene Smalls v. United States | Fourth Circuit | 2018-08-21 | Denied | Response WaivedIFP | career-offender civil-rights criminal-procedure due-process federal-sentencing lochner sentencing sentencing-commission-guidelines sixth-amendment state-federal-relations statutory-interpretation | Question not identified. |
| 18-5651 | Samuel W. Swoopes v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. | Ninth Circuit | 2018-08-20 | Denied | Response WaivedIFP | appeal constitutional-law criminal-procedure defendant defendant-exclusion due-process ex-parte jury jury-question mid-deliberation sixth-amendment | 1. Does it violate Due Process and the Sixth Amendment to exclude a defendant from the court's consideration and answering of a jury question? 2. Did… |
| 18-5640 | Fredrick A. Laux v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility | Seventh Circuit | 2018-08-20 | Denied | Response WaivedIFP | constitutional-review criminal-appeal criminal-procedure due-process dysfunctional-childhood ineffective-assistance-of-counsel mitigating-evidence sentencing sixth-amendment strickland-standard Strickland-v-Washington | Did the Indiana Court of Appeals, the United States Southern District Court and Seventh Circuit Court of Appeals unreasonably apply, or reach a decisi… |
| 18-5653 | Pamela Lynn Bravebull v. United States | Eighth Circuit | 2018-08-20 | Denied | Response WaivedIFP | cross-examination due-process evidence-rules expert-witness fair-trial federal-rules-of-evidence fifth-amendment sixth-amendment structural-error venireperson | 1. Evidence upon which the jury may rely in convicting a defendant must come through qualified sworn witnesses, not through a colloquy with a venirepe… |
| 18-5657 | Terence Passmore v. Dan O'Fallon, et al. | Ninth Circuit | 2018-08-20 | Denied | Response WaivedIFP | criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel juror-bias jury-selection sixth-amendment sixth-amendment-right-to-fair-trial | Whether the presence of a juror who has expressed a belief that the petitioner is guilty rendered his trial unfair and in violation of the Sixth Amend… |
| 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… |
| 18-5619 | 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… |
| 18-5598 | John J. Moore, Jr. v. Michael Stephan, Warden | Fourth Circuit | 2018-08-16 | Denied | Response WaivedIFP | constitutional-rights due-process evidentiary-rule evidentiary-rules fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel pcr-hearing post-conviction-relief presumption-of-correctness sixth-amendment | Whether the State Court's determination of factual issues is or should have been presumed correct. And whether Petitioner sustained his burden of over… |
| 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… | |
| 18-5587 | Bobby Joe Rosa v. United States | Fifth Circuit | 2018-08-14 | Denied | Response WaivedIFP | 4th-amendment 5th-amendment 6th-amendment confidential-informant criminal-procedure exclusionary-rule fifth-amendment fourth-amendment good-faith-exception probable-cause search-and-seizure search-warrant sixth-amendment | Petitioner, BOBBY JOE Rosa, was charged with being a felon in possession of a firearm after the Government executed a search warrant at his purported … |
| 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… |
| 18-5576 | DifAnkh Asar, aka James Walter Gist v. United States | Fourth Circuit | 2018-08-13 | Denied | Response WaivedIFP | acca categorical-approach civil-rights constitutional-vagueness criminal-statute due-process fifth-amendment overbreadth overbreadth-doctrine sixth-amendment vagueness vagueness-doctrine | (1) Is South Carolina's Code Ann. 16-23-40 Unconstitutional on its face, as applied to Petitioner, and when read in conjunction with other laws becaus… |
| 18-5570 | Ilich Vargas v. Superior Court of California, San Bernardino County | California | 2018-08-13 | Denied | IFP | civil-rights conflict-of-interest criminal-informants due-process evidence-suppression exculpatory-evidence fair-trial prosecutorial-misconduct sixth-amendment | (4) District attorneys/prosecutors have a free standing obligation to investigate and inquire into backgrounds of criminal jailhouse informants, inclu… |
| 18-5558 | Joseph William Atwell v. Tammy Ferguson, Superintendent, State Correctional Institution at Graterford, et al. | Third Circuit | 2018-08-13 | Denied | IFP | constitutional-rights due-process fair-trial fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudicial-evidence sixth-amendment | WHETHER THE STATE DEPRIVED PETITIONER OF HIS GUARANTEED RIGHT TO A FAIR TRIAL WHEN IT PERMITTED THE PROSECUTION TO INTRODUCE TO THE TRIAL JURY A BUNCH… |
| 18-5553 | Christopher Williams v. Texas | Texas | 2018-08-13 | Denied | Response WaivedIFP | apprendi apprendi-v-new-jersey capital-murder corpus-delicti criminal-procedure due-process extrajudicial-confession fourteenth-amendment jury-trial sixth-amendment | Texas has adopted a corpus delicti rule requiring that an extra-judicial confession have a quantum of corroboration before a conviction can be had bas… |
| 18-5524 | Farrell Rochelle v. Darrel Vannoy, Warden | Fifth Circuit | 2018-08-13 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment due-process fair-trial fourteenth-amendment impartial-jury ineffective-assistance ineffective-assistance-of-counsel sixth-amendment | 1. Whether the 5th Circuit Court of Appeals erred in denying C.O.A. to trial counsel being ineffective for filing to file a motion for continuance to … |
| 18-185 | Connecticut v. Michael Skakel | Connecticut | 2018-08-10 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | circuit-split constitutional-deficiency due-process ineffective-assistance-counsel ineffective-assistance-of-counsel legal-representation overall-performance performance-evaluation single-error sixth-amendment strickland-standard strickland-v-washington | Under the first prong of Strickland v. Washington, 466 U.S. 668 (1984), must a court evaluate counsel's overall performance in determining whether a s… |
| 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… |
| 18-5539 | 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… |
| 18-5502 | Susan Joy Jacobson v. Arizona | Arizona | 2018-08-09 | Denied | IFP | compulsory-process confrontation-clause due-process expert-testimony ptsd ptsd-diagnosis self-defense sixth-amendment | Does preclusion of an accused citizen's PTSD diagnosis, proffered to support her self-defense claim, unconstitutionally impinge on her Due Process gua… |
| 18-5528 | Brian Thurman v. United States | Seventh Circuit | 2018-08-09 | Denied | Response WaivedIFP | acquitted-conduct double-jeopardy due-process fifth-amendment sentencing sixth-amendment united-states-constitution | Whether the District Court violated Mr. Thurman's Fifth and Sixth Amendment rights under the United States Constitution when it increased his sentence… |
| 18-5531 | Kelly E. Culver v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility | Seventh Circuit | 2018-08-09 | Denied | IFP | appellate-counsel-ineffectiveness cause-and-prejudice due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment strickland-standard | The questions presented are whether trial counsel's failure to offer a contemporaneous objection during trial compromised Culver's Sixth Amendment rig… |
| 18-5534 | Juan Carrasquilla-Lombada, et al. v. United States | Eleventh Circuit | 2018-08-09 | Denied | IFP | confrontation-clause jurisdiction jury-trial maritime-drug-law maritime-drug-law-enforcement-act pre-trial-hearing sixth-amendment statutory-interpretation testimonial-evidence | Whether the Maritime Drug Law Enforcement Act, 46 U.S.C. 70501 et. seq., is unconstitutional on its face and in violation of the Sixth Amendment right… |
| 18-5490 | Mark Madison Lowe v. Virginia Department of Corrections | Fourth Circuit | 2018-08-08 | Denied | Response WaivedIFP | 14th-amendment 4th-amendment 5th-amendment 6th-amendment 8th-amendment constitutional-rights due-process judicial-discretion sixth-amendment stun-belt trial-procedure | Whether the imposition of a RACC Stun belt with secret instructions to compel testimony, alter testimony, and remain silent during trial infringed upo… |
| 18-5505 | Farris Genner Morris v. Tony Mays, Warden | Sixth Circuit | 2018-08-08 | Denied | IFP | procedurally defaulted ineffective assistance of capital-case equitable-exception evidence federal-habeas federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-exception martinez-v-ryan post-conviction-relief procedural-default sixth-amendment | 1. When Martinez v. Ryan , 566 U.S. 1 (2012) was decided during the pendency of a petitioner's initial federal habeas corpus proceeding, is the petiti… |
| 18-5514 | Robert Allen Wilkins v. Virginia | Fourth Circuit | 2018-08-08 | Denied | IFP | civil-procedure counsel due-process evidence sanctions standing due-process fair-trial fourteenth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment | The Circuit Court arrod tuopuapp uoym Procseing b4 Wilkns was wearing his untform whon apow 9y Jail Counsdlor for the a tinly obrection 6etoro /011 do… |
| 18-5517 | Mike Peter Gallardo v. Arizona | Arizona | 2018-08-08 | Denied | IFP | capital-jury capital-punishment citizen-jurors due-process eighth-amendment fair-cross-section fourteenth-amendment ineffective-assistance jury-composition sixth-amendment | Almost a decade ago, this Court unanimously held that, "If a defendant is tried before a qualified jury composed of individuals not challengeable for … |
| 18-5518 | Norman Mearle Grim v. Florida | Florida | 2018-08-08 | Denied | Relisted (5)IFP | advisory-jury burden-of-proof caldwell-v-mississippi capital-case death-penalty death-penalty-sentencing eighth-amendment harmless-error hurst-v-florida hurst-violation sixth-amendment sullivan-v-louisiana | 1. Can a violation of Hurst v. Florida , 136 S. Ct. 616 (2016), be ruled harmless beyond a reasonable doubt, based solely on a pre-Hurst "advisory " j… |
| 18-5474 | Heriberto Garcia-Hernandez v. United States | Fifth Circuit | 2018-08-07 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction reasonable-doubt sentencing sentencing-enhancement sixth-amendment statutory-maximum | Whether all facts – including the fact of a prior conviction – that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-5496 | Alfredo Perez, Jr. v. California | California | 2018-08-07 | Denied | Response WaivedIFP | apprendi-doctrine apprendi-v-new-jersey constitutional-interpretation criminal-sentencing due-process judicial-fact-finding judicial-findings jury-trial resentencing sentencing sixth-amendment three-strikes-law | Does the federal constitution, as construed in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), permit a court charged wi… |
| 18-5446 | Allan Latoi Story v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2018-08-06 | Denied | IFP | brady-violation civil-rights due-process effective-assistance-of-counsel fair-trial fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance sixth-amendment speedy-trial | Whether the State violated Story's Fourth, and Fourteenth, Amendment Constitutional rights, When the Waco Police lied on a Affidavit for Arrest Warran… |
| 18-5447 | David V. Rock v. Charmaine Bracy, Warden | Sixth Circuit | 2018-08-06 | Denied | IFP | burden-of-proof constitutional-error due-process enhancement evidence habeas-corpus plea-bargaining plea-validity presumption-of-innocence reasonable-doubt sixth-amendment | 1.) O.R.C.2901.45(A)..every person accused of an offense is presumed innocent until proven guilty beyond a reasonable doubt, and the burden of proof i… |
| 18-5453 | Mark Elliott v. Carmen Denise Palmer, Warden | Sixth Circuit | 2018-08-06 | Denied | Response WaivedRelisted (2)IFP | brady-v-maryland brady-violation confrontation-clause due-process due-process-brady-v-maryland favorable-to-accused hearsay-testimony ineffective-assistance ineffective-assistance-of-counsel material-evidence prosecutorial-misconduct remand-for-coa right-to-confrontation sixth-amendment | QUESTION I: In Brady v. Maryland, this Court announced that it violates due process when the prosecution fails to dis close material information fav… |
| 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… |
| 18-5468 | Raul Villarreal and Fidel Villarreal v. United States | Ninth Circuit | 2018-08-06 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | acquitted-conduct appellate-review constitutional-rights dismissed-conduct fifth-amendment sentencing-guidelines sentencing-guidelines-review sixth-amendment statutory-law statutory-maximum | (1) Whether an upward departure from the advisory Sentencing Guidelines is subject to appellate review. (2) Whether reliance on acquitted and dismiss… |
| 18-5469 | Chad Allen Dorton v. United States | Sixth Circuit | 2018-08-06 | Denied | Response WaivedIFP | appeal appellate-review criminal-procedure district-court due-process judicial-discretion obstruction-of-justice offense-enhancement sentencing-guidelines sixth-amendment standard-of-review | Did the district court err in applying the sentencing guidelines offense enhancement for obstruction of justice? |
| 18-5457 | Michael Allyn Kennedy v. Texas | Texas | 2018-08-03 | Denied | IFP | appeal conviction criminal-procedure due-process habeas-corpus indictment jury-trial notice sixth-amendment trial | The trial Couat had no Chorge OR offense no Reading without a dofe to impose a Conviction 247 Could convict Indctment and no JuRd of an wifhout a date… |
| 18-5458 | Kevin Taylor v. Darrel Vannoy, Warden | Fifth Circuit | 2018-08-03 | Denied | Response WaivedIFP | cause-and-prejudice comity compulsory-process confrontation-clause due-process effective-assistance-of-counsel fundamental-fairness ineffective-assistance-of-counsel sixth-amendment | Whether Mr. Taylor's Sixth Amendment right to confront and cross-examine his accusers was violated when he was denied Compulsory Process. Whether Mr.… |
| 18-5439 | Adam Longoria v. United States | Eleventh Circuit | 2018-08-02 | Denied | Response WaivedIFP | armed-career-criminal-act criminal-procedure descamps-v-united-states mathis-v-united-states non-elemental-facts occasions-different sentencing-enhancement serious-drug-offense sixth-amendment sixth-amendment-jury-trial statutory-interpretation taylor-v-united-states violent-felony | Under the ACCA, can a sentencing court rely solely on non-elemental facts to infer that a defendant's temporally overlapping and related offenses were… |
| 18-5440 | Larenzo Lomax v. Darrel Vannoy, Warden | Fifth Circuit | 2018-08-02 | Denied | IFP | arrest arrest-legality constitutional-rights criminal-procedure exclusionary-rule false-affidavit false-statements fourth-amendment ineffective-assistance-of-counsel search-and-seizure search-warrant sixth-amendment | Whether Lomax was denied the effective assistance of counsel when his trial attorney failed to challenge the legality of Lomaxs arrest. Whether Lomax… |
| 18-5442 | Craig Alan Wall, Sr. v. Florida | Florida | 2018-08-02 | Denied | Relisted (2)IFP | capital-punishment constitutional-rights crawford-standard crawford-v-washington due-process fifth-amendment forced-appeal fourteenth-amendment hearsay-exception separation-of-powers sixth-amendment unreasonable-determination-of-facts | -CAPITAL CASE- REQUEST TO CERTIFY CONSTITUTIONAL QUESTION IN ACCORDANCE WITH 28 U.S.C. § 2403(b): How is Florida Statute § 90.804(2)(f) (2012) "Hearsa… |
| 18-5405 | Fortino Pimentel-Soto v. United States | Fifth Circuit | 2018-08-01 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction reasonable-doubt sentencing sentencing-enhancement sixth-amendment statutory-maximum | Whether all facts – including the fact of a prior conviction – that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-5433 | Helen Atkins v. Julie L. Jones, Secretary, Florida Department of Corrections | Eleventh Circuit | 2018-08-01 | Denied | Response WaivedIFP | closing-argument constitutional-rights due-process effective-assistance-of-counsel fair-trial hearsay-evidence ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct right-to-testify sixth-amendment speedy-trial | 1. WAS THE PETITIONER DENIED HER RIGHT TO A FAIR TRIAL WHEN THE TRIAL COURT OVERRULED HER OBJECTION TO PROSECUTOR'S CLOSING ARGUMENT AND WAS THE PETIT… |
| 18-143 | Sandra Lee Bart v. United States | Eighth Circuit | 2018-07-31 | Denied | Response WaivedRelisted (2) | appellate-review conspiracy conspiracy-conviction due-process evidence evidentiary-hearing fair-trial government-witness juror-misconduct jury-misconduct precedent sixth-amendment substantial-evidence | 1. Did the Eighth Circuit fail to follow its own precedent, and rule contrary to other Appellate Circuits and the United States Supreme Court when it … |
| 18-5390 | Khalil Abu Rayyan v. United States | Sixth Circuit | 2018-07-31 | Denied | Response WaivedIFP | due-process fifth-amendment sentencing sentencing-guidelines sixth-amendment uncharged-conduct upward-variance | (1) Several United States Courts of Appeals have suggested that the use of defendants' uncharged, unproven conduct in deciding their sentences may vio… |
| 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 … |
| 18-5419 | Kevin Griffin v. Thomas DiNapoli | Second Circuit | 2018-07-31 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment appeal-dismissal appellate-procedure appointment-of-counsel civil-procedure civil-rights constitutional-rights counsel-appointment due-process fourteenth-amendment in-forma-pauperis sixth-amendment standing | Was petitioner erroneously denied in forma pauperis even though granted by the state courts and the Northern District Court. Was petitioner erroneous… |
| 18-5388 | Albert William Roberts, III v. United States | Eighth Circuit | 2018-07-30 | Denied | Response WaivedRelisted (2)IFP | acquittal acquitted-conduct criminal-procedure double-jeopardy-clause due-process relevant-conduct sentencing sixth-amendment united-states-v-watts watts-precedent | Question Number One: We hold that an acquitted count that incorporates all of the succeeding counts of an indictment retains its acquitted status whe… |
| 18-5394 | Casey Peebles v. United States | Eighth Circuit | 2018-07-30 | Denied | Response WaivedIFP | coconspirator-statements confrontation-clause criminal-procedure due-process evidence evidence-rule fair-trial federal-rules-of-evidence hearsay hearsay-exception sixth-amendment | In Petitioner's jury trial on federal drug offenses, the district court allowed a prosecution witness to testify to out-of-court statements made by a … |
| 18-5399 | Joseph Andrew Perez v. California | California | 2018-07-30 | Denied | IFP | autopsy-report autopsy-reports confrontation-clause crawford-standard crawford-v-washington criminal-procedure homicide-investigation homicide-investigations sixth-amendment testimonial testimonial-evidence | Whether an autopsy report created as part of a homicide investigation, and asserting that the death was caused by homicide, is "testimonial" under the… |
| 18-5374 | Adrian Demond Hyman v. United States | Fourth Circuit | 2018-07-27 | Denied | Response WaivedIFP | adversarial-system appellate-procedure claim-processing-rule claim-processing-rules criminal-appeal equitable-exception equitable-exceptions federal-rules-of-appellate-procedure jurisdictional-deadline jurisdictional-deadlines non-jurisdictional-deadline non-jurisdictional-rule sentencing sixth-amendment | 1. Whether an appellate court acts without authority when it enforces the non-jurisdictional deadline for a direct criminal appeal under Fed. R. App. … |
| 18-5383 | James Rodney Shuman v. United States | Eleventh Circuit | 2018-07-27 | Denied | Response WaivedIFP | apprendi-v-new-jersey armed-career-criminal-act armed-career-criminal-act-acca controlled-substances-act drug-offenses due-process mathis-v-united-states sentencing-enhancement serious-drug-offense sixth-amendment statutory-interpretation taylor-v-united-states vagueness void-for-vagueness | WHETHER THE APPELLATE COURT'S INTERPRETATION AND APPLICATION OF THE ARMED CAREER CRIMINAL ACT (ACCA), SPECIALLY 18 U.S.C. § 924(e)(2)(A)(ii), IS CONTR… |
| 18-5360 | Curtis L. Clinton v. Ohio | Ohio | 2018-07-26 | Denied | IFP | constitutional-rights criminal-justice-system criminal-procedure eighth-amendment equal-protection fair-trial fourteenth-amendment racial-stereotype racial-stereotypes racial-stereotyping sixth-amendment | 1. Whether a defendant's rights to the effective assistance of counsel, a fair and impartial jury, to be free from cruel and unusual punishment, and t… |
| 18-5364 | Harry Austin v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2018-07-26 | Denied | Response WaivedIFP | appellate-review constitutional-rights criminal-procedure due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment state-custody writ-of-certiorari | CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT AFFIRMED THE DENIAL OF AUSTIN'S PETITION UNDER 28 U.S.C. §2254 FOR WRIT OF HABEAS CORPU… |
| 18-113 | Jeremiah Rodgers v. Florida | Florida | 2018-07-25 | Denied | Amici (1) | constitutional-rights death-penalty due-process hurst-v-florida jury-trial jury-waiver retroactivity sentencing-procedure sixth-amendment waiver | Does waiving a state-law right to have a jury make an advisory sentencing recommendation constitute a knowing and intelligent waiver of the federal co… |
| 18-5336 | Ventron Vaneke Lott v. Patrick Warren, Warden | Sixth Circuit | 2018-07-25 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence ineffective-assistance-of-counsel judicial-discretion michigan-law sentencing-guidelines sixth-amendment | DID THE TRIAL COURT ERRED IN SENTENCING PETITIONER UNDER THE RESRICTIONS OF OV-1 AND OV-2 [OF THE MICHIGAN SENTENCING GUIDELINES] IN VIOLATION OF HIS … |
| 18-5339 | Tyron James v. Paul Snyder, Warden, et al. | Tenth Circuit | 2018-07-25 | Denied | Response WaivedIFP | 6th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel plea-bargaining retroactive-application sixth-amendment strickland-v-washington | Whether the Strickland doctrine, as applied by the Tenth Circuit, requires retroactive application to convictions that became final before Strickland … |
| 18-5347 | Marquis D. Costic v. Illinois | Illinois | 2018-07-25 | Denied | IFP | confrontation-clause constitutional-rights credibility cross-examination fifth-amendment jailhouse-informant jury-instructions prosecution-witness prosecutorial-misconduct sixth-amendment witness-disclosure | Was my Sixth Amendment U.s. Constitutional Right, under the Confrontation Clause vilated when the prasecution kept interruping during crass examinatio… |
| 18-5348 | Gary Clack v. Kentucky | Kentucky | 2018-07-25 | Denied | Response WaivedIFP | counsel-performance criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel kentucky-court-of-appeals post-conviction-relief prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington witness-testimony | Whether the Kentucky Court of Appeals properly applied the Strickland prejudice prong when it held that trial counsel provided ineffective assistance … |
| 18-5349 | Tyron Young v. United States | Eighth Circuit | 2018-07-25 | Denied | Response WaivedIFP | confrontation-clause confrontation-right cross-examination due-process government-informant hearsay out-of-court-allegations reliability sentencing sentencing-hearing sixth-amendment unsworn-testimony | I. Whether the Sixth Amendment right to confront and cross-examine adverse witnesses applies at a sentencing hearing where the court bases the sentenc… |
| 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… |
| 18-5333 | Scott Leslie Carmell v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2018-07-24 | Denied | IFP | appellate-procedure civil-procedure civil-rights due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance jurisdiction sixth-amendment standing | Question not identified. |
| 18-5300 | Gary Robinson v. United States | Fourth Circuit | 2018-07-23 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment | The Critical question in this case is Whether a trial Attorney Can Constitutionally Stipulate Elements of a charged Crime over the expressed objection… |
| 18-5289 | Stephen Dale Barbee v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2018-07-20 | Denied | IFP | client-autonomy ineffective-assistance-of-counsel ineffective-counsel mccoy-v-louisiana post-conviction prejudice prejudice-standard sixth-amendment strickland-v-washington structural-error | 1. Did the Fifth Circuit impose an improper ineffective-assistance-of-counsel standard, which required him to show prejudice, to Barbee's claim that h… |
| 18-5291 | Martin Louis Ballard v. United States | Fourth Circuit | 2018-07-20 | Denied | Response WaivedIFP | deprived him of his right under the Sixth Amendme without any hearing 5th-amendment 6th-amendment bank-account bank-account-seizure civil-rights counsel-of-choice due-process fifth-amendment pretrial-seizure procedural-due-process seizure sixth-amendment | Whether the pretrial seizure of petitioner's bank account, without any hearing, deprived him of his right under the Sixth Amendment to the United Stat… |
| 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. |
| 18-5303 | Maurice Mason v. Ohio | Ohio | 2018-07-20 | Denied | IFP | capital-sentencing death-penalty hurst-v-florida jury-decision jury-recommendation ohio-death-penalty ring-v-arizona sixth-amendment | A capital sentencing jury in Ohio has the responsibility of finding that one or more statutory aggravating circumstances were proven to exist beyond a… |
| 18-5247 | James McCray v. S. L. Burt, Warden | Sixth Circuit | 2018-07-18 | Denied | Response WaivedIFP | 6th-amendment constitutional-violation criminal-procedure due-process judicial-discretion jury-trial minimum-sentence plea-bargaining reasonable-doubt sentencing-guidelines sixth-amendment | WHETHER THE SIXTH CIRCUIT DECISION IS OBJECTIVELY UNREASONABLE AS A MATTER OF DUE PROCESS, BECAUSE MCCRAY SENTENCING GUIDELINES OFFENSE VARIABLE[S] WA… |
| 18-5258 | Howell Miller v. United States | Second Circuit | 2018-07-18 | Denied | Response WaivedIFP | appellate-procedure criminal-procedure due-process en-banc-review judge-found-facts judicial-fact-finding sentencing sentencing-guidelines sixth-amendment uniformity-of-decisions united-states-v-booker | WHETHER A DRASTICALLY INCREASED SENTENCE (FROM ROUGHLY 10 YEARS TO 12 YEARS) THAT WOULD NOT HAVE BEEN REASONABLE BUT FOR JUDGE-FOUND FACTS VIOLATES TH… |
| 18-5266 | Michael Ferguson v. United States | Sixth Circuit | 2018-07-18 | Denied | Response WaivedIFP | advisory-guidelines arrest-records bare-arrest-records dismissed-charges due-process evidence-reliability hearsay hearsay-evidence reliability-standard sentencing sentencing-guidelines sixth-amendment | (1) What standard of scrutiny does Due Process require courts to use when evaluating the reliability of evidence courts rely on to impose a sentence? … |
| 18-5231 | Richard Lloyd Odom v. Tennessee | Tennessee | 2018-07-17 | Denied | IFP | but no text of a SCOTUS petition was provided in I cannot generate a question presented or identif please include the full text of the petition. brain-damage capital-case eighth-amendment ineffective-assistance-of-counsel mitigating-evidence sixth-amendment smith-v-texas strickland-prejudice strickland-v-washington tennard-v-dretke | Question not identified. |
| 18-82 | Tamara Cotman and Angela Williamson v. Georgia | Georgia | 2018-07-17 | Denied | Response Waived | acquittal criminal-procedure double-jeopardy double-jeopardy,fifth-amendment,criminal-procedure fifth-amendment jury jury-trial nonunanimous-verdict sixth-amendment sixth-amendment,criminal-procedure,jury,due-proces unanimous-verdict Whether the Double Jeopardy Clause of the Fifth Am | 1. Whether it is a Violation of the Sixth Amendment for a jury in a criminal case to return a nonunanimous verdict. 2. Whether the Double Jeopardy Cl… |
| 18-5243 | Curumulathu Jacob v. Virginia | Virginia | 2018-07-16 | Denied | Response WaivedIFP | criminal-procedure due-process fourteenth-amendment jurisdiction notice-clause sixth-amendment stare-decisis void-ab-initio | Can a state maintain a judgment which was entered absent jurisdiction under its own stare decisis ruling and which is a violation of the Sixth Amendme… |
| 18-5220 | Roger A. Libby v. Renee Baker, Warden, et al. | Nevada | 2018-07-13 | Denied | Response WaivedIFP | actual-innocence adversarial-format due-process habeas-corpus indigent-petitioner post-conviction scientific-evidence sixth-amendment strickland | 1. Does the Due Process Clause of the Fourteenth Amendment guarantee an indigent Petitioner to the Sixth Amendment right to the assistance of Counsel … |
| 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. |
| 18-5233 | Edgar Alejandro Radillo, et al. v. Rosemary Ndoh, Warden, et al. | Ninth Circuit | 2018-07-13 | Denied | IFP | batson-challenge civil-rights due-process equal-protection Fourteenth-Amendment jury-selection minority-jurors non-minority-jurors peremptory-challenges prosecutorial-discretion prosecutorial-motivation racial-discrimination Sixth-Amendment | 1. In a case where the prosecutor has exercised peremptory challenges against minority panelists citing traits shared by non-minority panelists who we… |
| 18-5218 | Allen Robertson, Jr. v. Louisiana | Louisiana | 2018-07-12 | Denied | IFP | atkins-v-virginia criminal-behavior death-penalty eighth-amendment eighth-amendment-cruel-and-unusual-punishment hall-v-florida intellectual-disability jury-misconduct moore-v-texas racial-bias sixth-amendment | I. Whether it violates the Eighth Amendment and this Court's decisions in Moore v. Texas, 137 S. Ct 1039 (2017), Hall v. Florida, 134 S. Ct. 1986 (201… |
| 18-5201 | Henry Bryan Lowe v. Darrel Vannoy, Warden | Fifth Circuit | 2018-07-11 | Denied | IFP | 14th-amendment 5th-amendment 6th-amendment brady-v-maryland civil-rights constitutional-rights criminal-procedure due-process evidence evidence-suppression expert-witness fifth-amendment ineffective-assistance sixth-amendment | Reasonable jurists would determine that defense counsel rendered ineffective assistance of counsel when he failed to: A) object to the introduction of… |
| 18-5177 | Herman Majors v. United States | Sixth Circuit | 2018-07-10 | Denied | Response WaivedIFP | concurrent-sentence criminal-law criminal-procedure drug-conspiracy drug-quantity due-process foreseeable-drug-quantity ineffective-assistance sentencing sentencing-prejudice sixth-amendment | I. Whether a defendant in a drug conspiracy case suffers prejudice when his attorney fails to argue at sentencing that foreseeable drug quantity is li… |
| 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… |
| 18-5189 | Glenvert Green v. United States | Third Circuit | 2018-07-10 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure cross-examination due-process fifth-amendment hearsay hearsay-evidence sentencing sentencing-procedure sixth-amendment victim-impact-statement victim-impact-statements | A. Do the Sixth and Fifth Amendments provide a criminal defendant with a right to cross-examine a government witness who testifies during a sentencing… |
| 18-53 | Lance Dillard, aka Double v. United States | Seventh Circuit | 2018-07-10 | Denied | Response Waived | constitutional-safeguards criminal-procedure due-process fair-trial internet-access internet-publicity judicial-controls juror-misconduct jury-instructions prejudicial-publicity sixth-amendment | Whether the judicial controls utilized in a criminal trial were so constitutionally inadequate to deter or prevent jurors from accessing prejudicial p… |
| 18-5158 | Mario Lee Brown v. United States | Eleventh Circuit | 2018-07-09 | Denied | Response WaivedRelisted (2)IFP | acca-enhancement certificate-of-appealability descamps-v-united-states evidentiary-hearing fifth-amendment florida-robbery-statute sixth-amendment stokeling-v-united-states | Whether The United States Court Of Appeals For The Eleventh Circuit Erred denying petitioner .a Certificate Of Appealability (COA) request? Whether p… |
| 18-5173 | Wilberth Medina Garcia v. United States | Fifth Circuit | 2018-07-09 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure deportation due-process evidence-law hearsay immigration immigration-law sixth-amendment testimonial-evidence testimonial-hearsay | 1. Whether an immigration officer's formalized statements relating the fact of an alien's removal constitute testimonial hearsay for the purposes of a… |
| 18-5162 | Ellord Wells v. Mary Potter, Warden | Sixth Circuit | 2018-07-06 | Denied | Response WaivedIFP | due-process guilty-plea mandatory-sentence sixth-amendment trial-court appeal constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel mandatory-sentence sentencing sixth-amendment | Whether appellate counsel rendered ineffective assistance by not arguing that the trial court failed to inform the appellant of the mandatory nature o… |
| 18-5118 | Shane K. Floyd v. United States | Sixth Circuit | 2018-07-05 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | civil-rights constitutional-rights due-process equal-protection fair-trial ineffective-assistance-of-counsel judicial-fairness jury-deliberations jury-selection presumption-of-innocence racial-bias sixth-amendment strickland-standard | Implicit bias threatens the very foundation of the criminal justice system. Wasn't the judicial system built on fairness; the right to a fair trial; t… |
| 18-5121 | Leslie Dominic Musgrove v. United States | Fourth Circuit | 2018-07-05 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | acquitted-conduct drug-quantity due-process jury-verdict nelson-v-colorado preponderance-of-evidence preponderance-of-the-evidence relevant-conduct sentencing sixth-amendment | Question # 1 Whether it is a Sixth Amendment and Due Process violation for a judge at sentencing to attribute acquitted and relevant conduct by a pr… |
| 18-5123 | Eric Glenn Parker v. United States | Fifth Circuit | 2018-07-05 | Denied | Response WaivedIFP | aiding-abetting aiding-and-abetting conspiracy criminal-conviction criminal-procedure district-court jurisdiction murder murder-charge rico rico-conspiracy sixth-amendment venue venue-proof | 1. Was Venue Proven To Convict Eric Glenn Parker Of Conspiracy To Commit RICO- In The Northern District Of Mississippi? 2. Was Venue Proven To Convic… |
| 18-5127 | Martinez Orlando Black v. North Carolina | North Carolina | 2018-07-05 | Denied | IFP | criminal-procedure due-process felony-classification habitual-offender ineffective-assistance-of-counsel juvenile-delinquency prior-conviction recidivism sentencing sentencing-enhancement sixth-amendment | Did the failure of defense counsel to object to the increase in Petitioner's sentence into the "aggravated range" at Felony Class C, by use of a prior… |
| 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… |
| 18-20 | Arkadiy Bangiyev v. United States | Fourth Circuit | 2018-07-03 | Denied | Response Waived | 28-usc-2255 certificate-of-appealability counsel-stipulation criminal-procedure evidentiary-hearing ineffective-assistance-of-counsel plea-bargain plea-bargaining sentencing-enhancement sentencing-guidelines sixth-amendment writ-of-certiorari | In McCoy v. Louisiana, 138 S.Ct. 1500 (2018), this Court held that trial counsel may not concede the defendant's guilt over the defendant's objection.… |
| 18-5075 | Felix A. Okafor v. United States | Fourth Circuit | 2018-07-03 | Denied | Response WaivedRelisted (2)IFP | beyond-reasonable-doubt-standard Blockburger-test blockburger-v-united-states Brady-v-Maryland concurrent-sentence criminal-procedure double-jeopardy due-process exculpatory-evidence glover-v-united-states in-re-winship kyles-v-whitley ray-v-united-states sentencing sentencing-determination sixth-amendment | MAY A CONVICTION THAT IS ADMITTEDLY A VIOLATION OF THE CONCURTRENT SENTENCE DOCTRINE BE ALLOWED TO STAND IN LIGHT OF RAY V. UNITED STATES, ,481 U.S. 7… |
| 18-5079 | Michelle Lyn Michaud v. California | California | 2018-07-03 | Denied | IFP | aiding-and-abetting burden-of-proof constitutional-error criminal-liability criminal-procedure due-process factfinding-function fifth-amendment jury-instructions jury-trial jury-trial-guarantees reasonable-doubt sixth-amendment | 1. Did the trial court's incorrect instruction on aiding and abetting liability violate the constitutional jury trial guarantees of the Fifth, Sixth, … |
| 18-5088 | Emanuel Johnson v. Florida | Florida | 2018-07-03 | Denied | IFP | death-penalty eighth-amendment fourteenth-amendment hurst-v-florida judicial-review retroactivity sixth-amendment supremacy-clause | Did the Florida Supreme Court violate the Supremacy Clause and the Sixth, Eighth, and Fourteenth Amendments in affirming Emanuel Johnson's judicially-… |
| 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… |
| 18-5044 | Laurenano Angulo Riascos v. United States | Eleventh Circuit | 2018-07-02 | Denied | Response WaivedIFP | appeal appellate-procedure certificate-of-appealability constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance section-2255 sixth-amendment | 1. Whether the Court of Appeals for the Eleventh Circuit erred when it denied Petitioner's petition for issuance of a certificate of appealability to … |
| 18-5071 | Juan Carlos Vazquez v. South Carolina | South Carolina | 2018-07-02 | Denied | Response RequestedRelisted (2)IFP | deportation due-process effective-assistance-of-counsel guilty-plea knowing-and-voluntary language-barrier prosecutorial-misconduct sixth-amendment | WAS PETITIONER DENIED HIS SIXTH AMENDMENT RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL WHERE THE EVIDENCE IN THE RECORD PLAINLY SHOWS IN ENGLISH THAT … |
| 18-5073 | Victor Armando Cruz-Colocho v. United States | Fifth Circuit | 2018-07-02 | Denied | Response WaivedIFP | almendarez-torres apprendi apprendi-rule criminal-procedure due-process prior-conviction recidivism sentencing sentencing-enhancement sixth-amendment | 1. Should the Court consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Apprendi… |
| 18-5084 | Daniel Burns v. Florida | Florida | 2018-07-02 | Denied | IFP | collateral-review constitutional-amendments constitutional-rights death-penalty death-penalty-sentencing due-process eighth-amendment equal-protection fourteenth-amendment hurst-decision hurst-v-florida retroactivity sixth-amendment supremacy-clause | Did the Florida Supreme Court violate the Supremacy Clause and the Sixth, Eighth, and Fourteenth Amendments in affirming Daniel Burns' judicially-dete… |
| 18-5085 | Teon Jamell Williams v. North Carolina | North Carolina | 2018-07-02 | Denied | Response WaivedIFP | 4th-amendment cell-phone-privacy collateral-estoppel constitutional-rights criminal-procedure direct-appeal double-jeopardy effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel search-and-seizure sixth-amendment state-law warrantless-search | WAS THE PETITIONER'S RIGHT TO AFFECTIVE ASSISTANCE OF COUNSEL IN HIS FIRST DIRECT APPEAL OF RIGHT VIOLATED WHEN COUNSEL REFUSED TO BRIEF HIS FOURTH AM… |
| 18-5006 | Steven William Deuman, Jr. v. United States | Sixth Circuit | 2018-06-29 | Denied | Response WaivedIFP | dna-evidence due-process indian-major-crimes-act ineffective-assistance ineffective-assistance-of-counsel sixth-amendment sixth-circuit-review strickland strickland-v-washington tribal-enrollment | Was counsel's decision to forego utilizing a DNA expert defense witness and agreeing to the government's stipulation of Tribal Enrollment a reasonable… |
| 18-5048 | John W. Taylor v. Richard Brown, Superintendent, Wabash Valley Correctional Facility | Seventh Circuit | 2018-06-29 | Denied | Response WaivedIFP | aggravated-battery attempted-murder criminal-procedure due-process ineffective-assistance jury-instructions lesser-included-offense lesser-included-offenses sixth-amendment strickland-v-washington | WHETHER TAYLOR WAS DENIEO HIS RIGUT TO EFFECTIVE ASSITANCE EP TRIAL COUNSEL GURANTEED BY THE SIXTH AMENOMENT OF THE UNITED STATES CONSTITNTZON? WHETHE… |
| 18-8 | Samuel Cohen v. United States | Ninth Circuit | 2018-06-29 | Denied | Response Waived | civil-procedure criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel sentencing sixth-amendment standing | Question not identified. |
| 18-5015 | Edwin Aponte v. Eric Tice, Superintendent, State Correctional Institution at Smithfield, et al. | Third Circuit | 2018-06-28 | Denied | Response WaivedIFP | civil-rights confrontation-clause due-process habeas-corpus ineffective-assistance-of-counsel merits-review procedural-default prosecutorial-misconduct self-defense sixth-amendment state-appellate-procedure | A. Was petitioner's prosecutorial misconduct claim procedurally defaulted for failing to present it in state appellate procedure rule when the highest… |
| 18-5027 | Mark O. Wright v. Virginia | Virginia | 2018-06-28 | Denied | Response WaivedIFP | appeal criminal-defendant criminal-procedure double-jeopardy due-process judgment-enforcement legal-procedure lesser-included-offense sentencing sixth-amendment state-supreme-court void-ab-initio void-judgment | 1. Can a state Supreme Court enforce a judgment against a criminal defendant for an offense that was never charged and which was not a lesser included… |
| 18-5031 | Jabbar Wallace v. Kevin Kauffman, Superintendent, State Correctional Institution at Huntingdon, et al. | Third Circuit | 2018-06-28 | Denied | Response WaivedIFP | 6th-amendment confrontation-clause constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel ineffective-counsel murder-conviction self-defense self-defense-right sixth-amendment | THE PETITIONER IN THIS CASE ACTED IN SELF, DEFENSE WHEN ATTACKED BY THE DECEDENT AND HIS FRIENDS WHILE IN THE RESTROOM. THE PETITIONER WAS IN DANGER O… |
| 24A948 | Michael Tanzi v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Florida | Denied | constitutional-law death-penalty federal-review jury-trial procedural-bar sixth-amendment | Question not identified. | ||
| 24A956 | Mikal Mahdi v. Bryan Stirling, Director, South Carolina Department of Corrections | South Carolina | Denied | capital-punishment childhood-trauma ineffective-assistance-of-counsel mitigating-evidence sixth-amendment strickland-standard | Question not identified. | ||
| 24A1143 | Richard Gerald Jordan v. Mississippi | Mississippi | Presumed Complete | ake-v-oklahoma capital-punishment due-process mcwilliams-v-dunn mental-health-expert sixth-amendment | Whether the Mississippi Supreme Court's refusal to apply this Court's precedent in McWilliams v. Dunn, 582 U.S. 183 (2017), which clarified that Ake v… | ||
| 24A723 | Marion Bowman, Jr. v. Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. | South Carolina | Denied | death-penalty ineffective-assistance racial-bias sixth-amendment strickland-standard trial-counsel | Question not identified. | ||
| 25A847 | Charles Victor Thompson v. Texas | Texas | Denied | autopsy-report capital-murder confrontation-clause medical-examiner sixth-amendment surrogate-testimony | Question not identified. | ||
| 25A246 | Consuelo Saldana, et al. v. William Campana | California | Presumed Complete | constitutional-rights criminal-proceeding due-process execution-stay jury-trial sixth-amendment | Question not identified. | ||
| 25A240 | Deshawn Demarcus House v. Jeff Long, Warden, et al. | Tenth Circuit | Presumed Complete | due-process faretta-hearing ineffective-assistance pro-se self-representation 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. | ||
| 25A378 | Charles Ray Crawford v. Mississippi | Mississippi | Denied | capital-punishment defense-strategy ineffective-assistance retroactivity right-to-counsel sixth-amendment | Question not identified. | ||
| 25A568 | Leroy Thomas Joyner, Jr. v. United States | Eleventh Circuit | Application | ineffective-assistance right-to-counsel sentencing sixth-amendment transcript-access trial-counsel | Question not identified. |