| 25-6807 |
Edward Legaspi Ramirez v. California |
California |
2026-02-13 |
Pending |
IFP |
accommodation-syndrome child-sexual-abuse constitutional-rights expert-testimony jury-prejudice witness-credibility |
1. Whether the admission of expert testimony on Child Sexual Abuse Accommodation Syndrome (CSAAS), which by the expert's own admission cannot determin… |
| 25-6725 |
Shawn D. Powell v. Fidencio Guzman, Warden |
Ninth Circuit |
2026-02-05 |
Pending |
Response WaivedIFP |
closing-argument habeas-corpus ineffective-assistance strickland-standard trial-counsel witness-credibility |
During closing argument at Petitioner Shawn Powell's trial, his trial counsel unreasonably conceded Powell's guilt of vandalism and violation of a pro… |
| 25A758 |
Sean Paul Baker v. United States |
Tenth Circuit |
2025-12-31 |
Application |
|
confrontation-clause constitutional-rights criminal-procedure evidence-rule-412 sexual-abuse witness-credibility |
Question not identified. |
| 25-561 |
Dominic L. Ruiz v. United States |
Armed Forces |
2025-11-07 |
Denied |
Response Waived |
common-law evidence-rule federal-appeals-courts intoxication temporal-requirement witness-credibility |
In 2014, this Court expanded Federal Rule of Evidence (FRE) 801(d)(1)(B) to allow the admission of prior consistent statements when a witness's credib… |
| 25-5540 |
Brayan Alexander Contreras-Avalos v. United States |
Fourth Circuit |
2025-09-03 |
Denied |
Response WaivedIFP |
cooperator-testimony criminal-conviction evidentiary-standard prosecutorial-burden sufficiency-of-evidence witness-credibility |
1. Where the Government did not introduce any physical or forensic against Mr. Contreras-Avalos, and the only evidence introduced was cooperator testi… |
| 25-247 |
Charles L. Payne, II v. Ohio |
Ohio |
2025-09-03 |
Denied |
|
criminal-procedure due-process fourteenth-amendment prosecutorial-vouching sixth-amendment witness-credibility |
Under the Sixth and Fourteenth Amendments to the United States Constitution, a defendant has a right against a prosecutor or law enforcement vouching … |
| 25-5265 |
Jessica M. Graulau Maldonado v. Orange County Public Library System |
Florida |
2025-08-04 |
Denied |
Response WaivedRelisted (2)IFP |
due-process fourteenth-amendment material-facts negligence-tort summary-judgment witness-credibility |
Whether in holding that under federal summary judgment standard there is discretion to dismiss a jury negligence claim after determine credibility of … |
| 24-1054 |
Derek Blockhus v. United Airlines, Inc. |
Seventh Circuit |
2025-04-07 |
Denied |
Response Waived |
civil-procedure employment-discrimination evidence-authentication fmla-interference summary-judgment witness-credibility |
1. Did the Appellate Court properly construe all facts in the light most favorable to the nonmoving party, as required by Federal Rule of Civil Proced… |
| 24-6849 |
Terrance Deandre Ellison v. United States |
Ninth Circuit |
2025-03-25 |
Denied |
Response WaivedIFP |
cross-examination evidentiary-procedure federal-rules-of-evidence hearsay-evidence recent-fabrication witness-credibility |
Whether Federal Rule of Evidence 801(d)(1)(B)(i) permits introduction of hearsay purportedly to rebut a charge of recent fabrication made during cross… |
| 24-6702 |
Vincent Adams Vassor v. United States |
Sixth Circuit |
2025-03-05 |
Denied |
Response WaivedIFP |
counsel-objection false-statements jury-instructions jury-testimony legal-procedure witness-credibility |
jLiD-f- ol krvJs m$;J^uc±ed4©-£aiaYJct^p^
w]s4^Q4lHq-i©4j a<r''/ -f
43 -Are .'false, sitcternerris and "false, qoolttb ona
te soicl in -fbe presenc… |
| 24-6626 |
Stanford Wall v. United States |
Ninth Circuit |
2025-02-24 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-law criminal-procedure cross-examination evidence-law witness-credibility |
Whether, consistent with the Confrontation Clause, courts must apply a presumption favoring cross-examination of a government witness's general charac… |
| 24-6241 |
Justin Michael Buehler v. United States |
Eighth Circuit |
2025-01-08 |
Denied |
Response WaivedIFP |
criminal-procedure cross-examination evidence-limitation informant-testimony judicial-discretion witness-credibility |
Did the District Court abuse it's discretion by limiting the defendant's cross examination of the key witness and informant's criminal history? |
| 24-496 |
William Michael Crothers v. Wyoming |
Wyoming |
2024-10-31 |
Denied |
Response Waived |
brady-violation criminal-procedure due-process exculpatory-evidence prosecutorial-misconduct witness-credibility |
The Constitutional rule set out in Brady v. Maryland and its progeny requires prosecutors to disclose material, exculpatory evidence to the defense. I… |
| 24-5852 |
Alexander W. Kawleski v. United States |
Seventh Circuit |
2024-10-29 |
Denied |
Response WaivedIFP |
child-pornography constitutional-authority criminal-procedure due-process interstate-commerce witness-credibility |
(1) Did the Seventh Circuit Court of Appeals and the District Court err when the Government's case rested on Tracy Brown's testimony that she unexpect… |
| 23-7115 |
Timothy D. Hinkle v. Kentucky |
Kentucky |
2024-04-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process hearsay hearsay-rule jury-instructions prosecutorial-misconduct sexual-assault witness-credibility |
Petitioner was found guilty of rape first-degree, tampering with a witness and assault fourth-degree during trial. The facts of the case, however, log… |
| 23-6887 |
Brenda B. v. Tennessee Department of Children's Services |
Tennessee |
2024-03-04 |
Denied |
Response WaivedIFP |
6th-amendment confrontation-clause confrontation-rights criminal-procedure due-process evidence evidence-credibility hearsay-rules witness-credibility witness-testimony |
*Tb \ not have (X nc\v\V to Confront a\\ alltcjfd voi+ness?
• v^o \ not have a rio^t Vo ut o\\ alleged axdwee?
•D«\V I hcux, a dtjVfr to Q full and Pa… |
| 23-6829 |
Edward Joseph Parson v. United States |
Tenth Circuit |
2024-02-27 |
Denied |
Response WaivedIFP |
child-abuse child-sexual-abuse credibility evidence-rule-702 expert-testimony jury-determination jury-role prosecutorial-discretion prosecutorial-evidence witness-credibility |
In a prosecution for aggravated child sexual abuse in which the alleged victim has inconsistently reported abuses, may the prosecution present expert … |
| 23-908 |
Woojin Cho v. New York |
New York |
2024-02-22 |
Denied |
Response Waived |
constitutional-error due-process harmless-error prosecutorial-misconduct reasonable-possibility standard-of-review trial-procedure witness-credibility |
I. Is it constitutional error for a prosecutor in summation to express her personal belief that the defendant lied on the stand?
II. In reviewing sum… |
| 23-6730 |
Bryant Calloway v. United States |
Third Circuit |
2024-02-13 |
Denied |
Response WaivedIFP |
appellate-jurisdiction criminal-procedure due-process fair-trial grand-jury ineffective-assistance-of-counsel judicial-review material-evidence prosecutorial-misconduct witness-credibility witness-testimony |
Whether despite evidence that the fundamental witness of the prosecution, in the shape of violation passed on the divergeceptions of Thomas Valdez Gui… |
| 23-6386 |
Michael Andrew King, Jr. v. United States |
Fourth Circuit |
2023-12-28 |
Denied |
Response WaivedIFP |
appellate-review credibility-determination criminal-procedure due-process due-process-rights evidence jury-instructions jury-trial mask-obstruction witness-credibility witness-testimony |
Whether an appellate court's traditional deference to credibility determinations made by jurors in returning a guilty verdict should give way where th… |
| 23-6260 |
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… |
| 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… |
| 23-6058 |
Liberty Anne Walden v. Jeremy Howard, Warden |
Sixth Circuit |
2023-11-20 |
Denied |
Response WaivedIFP |
civil-procedure due-process evidence expert-testimony judicial-error misconduct plain-error prosecutorial-misconduct trial-court-discretion trial-procedure witness-credibility |
I. Did the trial court plainly error by allowing Dr. Mohr to testify outside the realm of her expertise thereby providing testimony to the ultimate is… |
| 23-529 |
Matthew Hayko v. Indiana |
Indiana |
2023-11-17 |
Denied |
Response Waived |
appellate-review credibility criminal-procedure evidence-weighing harmless-error sixth-amendment trial-by-jury witness-credibility |
Whether an appellate court can violate a defendant's right to trial by jury under the Sixth Amendment by weighing evidence and judging the credibility… |
| 23-464 |
Matthew Boermeester v. Ainsley Carry, et al. |
California |
2023-11-02 |
Denied |
Response WaivedRelisted (2) |
confrontation cross-examination due-process educational-discipline fair-process student-rights title-ix witness-credibility |
Whether when an educational institution that is a recipient of Federal funds seeks to impose a lengthy suspension or expulsion on a student for allege… |
| 23-5789 |
Jean Max Darbouze v. Patrick Covello, Warden |
Ninth Circuit |
2023-10-16 |
Denied |
IFP |
civil-rights criminal-procedure csaas-testimony due-process evidence expert-testimony free-speech habeas-corpus translation-accuracy witness-credibility |
1. During trial, it was elicited on cross-examination, that the victim told the
investigator she never had sexual contact with Petitioner, and that h… |
| 23-5664 |
Robert Edward Sindaco v. Florida |
Florida |
2023-09-28 |
Denied |
Relisted (2)IFP |
appellate-review constitutional-rights criminal-procedure due-process ineffective-counsel newly-discovered-evidence perjury post-conviction-relief prosecutorial-misconduct witness-credibility |
Question not identified. |
| 23-5454 |
Moses Crowe v. United States |
Eighth Circuit |
2023-08-25 |
Denied |
IFP |
confrontation-clause confrontation-right criminal-procedure cross-examination drug-abuse due-process intoxication jury-unanimity methamphetamine witness-credibility |
1. Whether Petitioner's constitutional right to confrontation was violated when, during his criminal jury trial, the district court restricted cross e… |
| 23-5147 |
Johnny Johnson v. David Vandergriff, Warden |
Missouri |
2023-07-20 |
Denied |
IFP |
attorney-general brady-v-maryland brady-violation continuing-duty-to-disclose criminal-procedure critical-state's-witnesses due-process impeachment-evidence local-prosecutor's-office material-impeachment-evidence prosecutorial-misconduct witness-credibility |
Johnny Johnson was charged with the first-degree murder of six-year-old Casey Williamson. Mr. Johnson was diagnosed with schizophrenia as young as six… |
| 23-5151 |
Tony A. Berger v. Wood County Sheriff's Department, et al. |
Seventh Circuit |
2023-07-20 |
Denied |
IFP |
brady-rule consent-to-search due-process exculpatory-evidence law-enforcement-authority minor-interrogation parental-rights prosecutorial-misconduct search-and-seizure witness-credibility |
Would assistant district attorney have authority to deny exculpatory evidence brought to his office?
Do deputies have authority to say someone who ha… |
| 23-5109 |
Carl Lindsey v. Charlotte Jenkins, Warden |
Sixth Circuit |
2023-07-14 |
Denied |
Relisted (2)IFP |
brady-v-maryland brady-violation certificate-of-appealability circuit-split due-process habeas-corpus key-witness overwhelming-evidence post-judgment-amendment prosecutorial-misconduct testimonial-immunity witness-credibility |
I.
Carl Lindsey was convicted of aggravated murder and sentenced to death based on
the critical testimony of Kathy Kerr, the lone witness to testify t… |
| 23-5049 |
Marcus O. Singleton v. Scott Eckstein, Warden |
Seventh Circuit |
2023-07-06 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process harmless-error judicial-review prosecutorial-misconduct prosecutorial-vouching trial-misconduct wisconsin-courts witness-credibility |
1. Whether the Wisconsin courts failed to address the issue presented to them that the prosecutor vouch for their witnesses.
2. Whether the prosecuto… |
| 22-7639 |
Hulon Verser v. Illinois |
Illinois |
2023-05-25 |
Denied |
IFP |
actual-innocence appellate-review gang-related-crime ineffective-assistance-of-counsel miranda-warnings murder-conviction newly-discovered-evidence post-conviction post-conviction-relief state-rules-and-laws unlawful-arrest witness-credibility |
I. The Post-Lowviction Court Mawifestly Erred By Denying
Hulow Versers Posh-Lonviction Pedition ASter Aw Evidentiary
Hearing, Where fl, Lamphell's Tes… |
| 22-7536 |
Mark D. Sievers v. Florida |
Florida |
2023-05-12 |
Denied |
IFP |
closing-argument due-process fair-trial jury-instruction plea-agreement polygraph prosecutorial-misconduct witness-credibility |
At Petitioner's trial for the murder of his wife, the state prosecutor proceeded under a murder-for-hire theory that relied entirely on the testimony … |
| 22-6909 |
Curtis Lynn Fauber v. Ronald Davis, Warden |
Ninth Circuit |
2023-03-02 |
Denied |
IFP |
curative-instructions donnelly-v-dechristoforo due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement prosecutorial-misconduct prosecutorial-vouching vouching witness-credibility |
At Curtis Fauber's trial, the prosecution relied on the testimony of two accomplices to secure his conviction and death sentence. Sensing that his key… |
| 22-798 |
William Michael Crothers v. Wyoming |
Wyoming |
2023-02-23 |
Denied |
Response Waived |
brady-v-maryland brady-violation criminal-procedure due-process exculpatory-evidence impeachment-material prosecutorial-misconduct witness-credibility witness-testimony |
In a criminal case based on disputed eyewitness testimony, is the Constitutional rule set out in Brady v. Maryland and its progeny prejudicially viola… |
| 22-6772 |
Marion Bowman, Jr. v. Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, et al. |
Fourth Circuit |
2023-02-14 |
Denied |
IFP |
alternative-perpetrator brady-materiality brady-v-maryland capital-sentencing exculpatory-evidence giglio-v-united-states habeas-corpus kyles-v-whitley materiality prosecutorial-misconduct witness-credibility |
Marion Bowman's convictions and death sentence rest on the compromised testimony of three witnesses who identified Bowman as the murderer. Two—James T… |
| 22-6500 |
Richard Eugene Glossip v. Oklahoma |
Oklahoma |
2023-01-09 |
Dismissed |
Amici (2)Relisted (21)IFP |
brady-v-maryland brady-violation criminal-procedure due-process evidence-suppression impeachment-evidence materiality post-conviction-relief prosecutorial-misconduct standard-of-review suppressed-evidence witness-credibility |
1. Whether a court may require a defendant to demonstrate by clear and convincing evidence that no reasonable fact finder would have returned a guilty… |
| 22-6085 |
Curtis Neville v. United States |
Fifth Circuit |
2022-11-18 |
Denied |
Response WaivedIFP |
brady-materiality brady-v-maryland cooperating-witness credibility criminal-evidence due-process due-process-violation kyles-v-whitley material-evidence prosecutorial-disclosure witness-credibility |
In a prosecution built almost entirely on the credibility of cooperating Government witnesses, is an incentivized cooperating witness's letter address… |
| 22-6046 |
Terrioues Owney v. United States |
Fifth Circuit |
2022-11-14 |
Denied |
Response WaivedIFP |
appellate-review brady-disclosure brady-v-maryland constitutional-rights cooperating-witness due-process late-disclosure materiality materiality-standard new-trial witness-credibility |
Did the United States Court of Appeals for the Fifth Circuit deny Owney's right to constitutional due process by applying an erroneous standard in ass… |
| 22-5992 |
Andre Jenkins v. United States |
Second Circuit |
2022-11-04 |
Denied |
Response WaivedIFP |
circumstantial-evidence criminal-conviction criminal-procedure due-process joint-defense motion-for-acquittal severance trial-procedure witness-credibility |
1. In a case where the proof against petitioner was wholly circumstantial and the eyewitnesses that were necessary to assign his conduct to those circ… |
| 22-5612 |
Luis F. Gomez v. United States |
Seventh Circuit |
2022-09-20 |
Denied |
Response WaivedIFP |
6th-amendment administrative-law constitutional-law due-process federal-jurisdiction judicial-review prejudice prosecutorial-misconduct reversal statutory-interpretation witness-credibility |
Does improper vouching by a prosecutor to the jury rise to a level of reversal in accordance with the 5th Amendment and unduly prejudice the defendant… |
| 22-5471 |
Tremain Lamar Braxton, Timothy Roy Mason, and Darrell Lee-Lamont Summers, II v. United States |
Sixth Circuit |
2022-08-30 |
Denied |
Response WaivedIFP |
confrontation-clause confrontation-rights criminal-sexual-conduct criminal-trial cross-examination evidence-exclusion incentive-to-testify sixth-amendment witness-credibility |
Whether a defendant's Sixth Amendment confrontation rights are violated when a trial court bars all cross-examination about events that concededly too… |
| 22-5429 |
Omar Shariff Cash v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2022-08-24 |
Denied |
Response WaivedIFP |
brady-v-maryland circuit-split due-process harmless-error impeachment-evidence materiality standards-of-review suppressed-evidence witness-credibility |
Should this Court resolve the division among the Courts of Appeals and determine the appropriate standard for a court to apply in determining whether … |
| 22-5319 |
Gary Lee Rollins v. Donnie Ames, Superintendent, Mount Olive Correctional Complex |
West Virginia |
2022-08-09 |
Denied |
Response RequestedRelisted (2)IFP |
brady-v-maryland brady-violation due-process immunity-agreement napue-v-illinois napue-violation prosecutorial-misconduct witness-credibility |
Under the Due Process Clause of the U.S. Constitution's 14th Amendment, does a court reviewing a criminal defendant's claims under Brady v. Maryland a… |
| 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… |
| 21-1319 |
Mark Nordlicht and David Levy v. United States |
Second Circuit |
2022-04-04 |
Denied |
Amici (1) |
credibility criminal-procedure discretion district-court-discretion evidence-weighing federal-rules-of-criminal-procedure jury-verdict new-trial new-trial-motion rule-33 standard-of-review witness-credibility |
Whether district courts have discretion to weigh the evidence, including the credibility of witnesses, when deciding to grant a new trial under Rule 3… |
| 21-7413 |
Brian Folks v. United States |
Second Circuit |
2022-03-18 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure evidence issue-preservation prosecutorial-misconduct witness-credibility |
Whether this Court should grant certiorari to recognize error and provide clarity about the prejudice that stems from a prosecutor's repeated requests… |
| 21-7122 |
Thomas Warner v. Illinois |
Illinois |
2022-02-15 |
Denied |
IFP |
aggravated-battery criminal-conviction criminal-procedure due-process evidence evidentiary-sufficiency firearm-discharge jury-instructions sentencing state-testimony witness-credibility |
Whether Thomas Warner's convictions for Aggravated Battery with Discharge of a Firearm should be reversed where they were not supported by credible te… |
| 21-6897 |
Ramon Torres Ruelas v. Troy Bowser, Superintendent, Two Rivers Correctional Institution |
Ninth Circuit |
2022-01-18 |
Denied |
Response WaivedIFP |
child-sex-case child-sex-crimes credibility-of-witnesses criminal-defense evidentiary-sufficiency ineffective-assistance-of-counsel lack-of-admissions lack-of-eyewitness-testimony lack-of-physical-evidence trial-strategy witness-credibility |
Whether it is an unreasonable determination of the facts and the law to conclude that trial counsel need not investigate witnesses with critical infor… |
| 21-993 |
Willard Anthony v. Louisiana |
Louisiana |
2022-01-12 |
Denied |
Response RequestedResponse WaivedRelisted (10) |
confrontation-clause confrontation-right due-process fair-trial harmless-error presumption-of-innocence prosecutorial-misconduct prosecutorial-testimony structural-error witness-credibility |
Whether the presumption of innocence, the right to confrontation, and the right to a fair trial permit a court to allow the grand jury prosecutor to t… |
| 21-6688 |
Freddie McNeill, Jr. v. Tim Shoop, Warden |
Sixth Circuit |
2021-12-21 |
Denied |
IFP |
brady-claim brady-doctrine brady-v-maryland due-process evidence-suppression judicial-review materiality-standard prejudice prosecutorial-disclosure witness-credibility witness-reliability |
Whether a reviewing court considering a claim under Brady v. Maryland, 373 U.S. 83 (1963), must assess the reliability and credibility of the witnesse… |
| 21-6493 |
Jarrett Alvin Kinley v. Pennsylvania |
Pennsylvania |
2021-12-02 |
Denied |
IFP |
criminal-procedure due-process false-evidence false-testimony napue-v-illinois napue-violation polygraph polygraph-testimony prosecutorial-misconduct witness-credibility |
Petitioner was subject to a pretrial polygraph by his bondsman for "risk assessment" purposes as a condition of his bond. The polygraph examiner testi… |
| 21-6173 |
Rotimi Salu v. New York State Justice Center for the Protection of People With Special Needs |
New York |
2021-11-04 |
Denied |
Response WaivedRelisted (2)IFP |
administrative-adjudication administrative-law confrontation confrontation-rights credibility due-process employment-law hearsay hearsay-evidence witness-credibility |
Does it violate due process of law for a state agency to routinely adjudicate accusations of wrongdoing on hearsay evidence alone (in over 95 percent … |
| 21-556 |
Alexander P. Bebris v. United States |
Seventh Circuit |
2021-10-15 |
Denied |
Response Waived |
confrontation-clause constitutional-rights criminal-procedure evidentiary-hearing evidentiary-hearings pretrial-hearing pretrial-hearings sixth-amendment witness-credibility |
Does the Sixth Amendment and Confrontation Clause apply to all pretrial evidentiary hearings implicating the credibility of a witness? |
| 21-5856 |
Raymond LeQuan Gibbs v. Neil McDowell, Warden |
Ninth Circuit |
2021-10-04 |
Denied |
Response WaivedIFP |
bias confrontation-clause credibility criminal-trial cross-examination informant-testimony informant-witness sixth-amendment witness-credibility |
The Sixth Amendment's Confrontation Clause guarantees a criminal defendant a reasonable opportunity to cross-examine the witnesses against him. The br… |
| 21-5567 |
Damond Dean v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-03 |
Denied |
IFP |
corroborating-evidence criminal-trial due-process ineffective-assistance reasonable-investigation strickland-standard strickland-v-washington therapist-testimony trial-counsel witness-credibility |
Question Number One:
Counsel rendered ineffective assistance by failing to object to
K.H.'s (Complainant) therapist's testimony when she told the jur… |
| 21-5576 |
Victor Shawn Brown v. Debbie Asuncion, Warden |
Ninth Circuit |
2021-09-03 |
Denied |
Response WaivedIFP |
compulsory-process confrontation-clause due-process fair-trial prosecutorial-misconduct witness-credibility |
cX w^pce^tr ^'o'T ^osiLOjVocs Vo
VcV^ uOrWss.es WvocV -Wey
CcecVWA'vVy ,t tUe^ cxWciC VW. ccecSvWvVtVv
peVVicvv^r's t^VWvesses Vy cxAAI vnc^ -W-e*^ … |
| 21-5492 |
Marcus Phillips v. United States |
Fifth Circuit |
2021-08-26 |
Denied |
Response WaivedIFP |
civil-procedure drug-agent-testimony drug-enforcement expert-testimony first-impression legal-admissibility mental-acuity perceptive-ability witness-credibility |
This court has not decided whether expert testimony about mental acuity is admissible to show a person's ability to observe and to act to exercise dom… |
| 21-5140 |
Gabriel Elijah Kane Arkinson, aka Daniel Elijahkane Arkinson v. United States |
Ninth Circuit |
2021-07-20 |
Denied |
Response WaivedIFP |
accomplice-testimony acquittal-standard criminal-procedure due-process evidence motion-for-acquittal ninth-circuit-review rule-29-motion witness-credibility witness-identification |
In response to Petitioner's third and final motion for acquittal under Rule 29(c) Fed. R. Crim. P. the district court ruled that standing alone the go… |
| 21-5063 |
Sammy Cano v. Illinois |
Illinois |
2021-07-09 |
Denied |
IFP |
constitutional-rights criminal-procedure criminal-seizure due-process evidence ineffective-assistance-of-counsel ineffective-counsel reasonable-doubt sentencing sentencing-discretion witness-credibility witness-testimony |
1. Whether or not the State failed to prove Sammy Cano guilty beyond a reasonable doubt where the only witness to the crime directly contradicted her … |
| 20-1798 |
Sylvanus Rene v. Texas |
Texas |
2021-06-25 |
Denied |
|
appellate-review constitutional-claims due-process evidentiary-hearing findings-of-fact habeas-corpus procedural-due-process state-court-proceeding witness-credibility |
Does it violate procedural due process for an appellate court, in denying relief on federal constitutional claims in a state habeas corpus proceeding,… |
| 20-7674 |
Kuantau Reeder v. Darrel Vannoy, Warden |
Fifth Circuit |
2021-04-07 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
brady-v-maryland brady-violation criminal-procedure due-process giglio-v-united-states impeachment-evidence materiality materiality-standard prosecutorial-misconduct witness-credibility |
In a murder prosecution in which the Orleans Parish
District Attorney's Office presented no scientific evidence, no
video evidence, no motive evidence… |
| 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… |
| 20-7199 |
Maurice Duncan Burks v. United States |
Sixth Circuit |
2021-02-22 |
Denied |
Response WaivedIFP |
appellate-review due-process federal-rules-of-criminal-procedure motion-for-new-trial new-trial standard-of-review trial-court-discretion witness-credibility |
Whether Using a Different, More Stringent, Standard of Review When a Trial Court Grants a Motion for New Trial than Utilized When a Trial Court Denies… |
| 20-7087 |
Brian James Holland v. United States |
Eleventh Circuit |
2021-02-08 |
Denied |
Response WaivedIFP |
18-usc-2241 conviction criminal-law criminal-procedure evidence evidence-sufficiency force-definition statutory-interpretation witness-credibility |
i) What is the definition of the term force Under Statute 18. USCS. 2241? What is the proper Criminal law and procedure used to determine sufficient e… |
| 20-6494 |
Jose Andres Vera-Gutierrez v. United States |
Eighth Circuit |
2020-12-01 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof criminal-procedure due-process evidence evidentiary-error harmless-error witness-credibility |
WHETHER ERRONEOUSLY ADMITTED EVIDENCE CRITICAL TO PROVING AN ELEMENT OF THE CHARGED OFFENSE CAN BE DEEMED HARMLESS BASED ON THE APPELLATE COURT'S DETE… |
| 20-282 |
Sheldon Carmon v. CSX Transportation, Inc. |
Sixth Circuit |
2020-09-03 |
Denied |
Response Waived |
appellate-review civil-procedure civil-rights due-process federal-employers-liability-act notice-of-dangerous-condition railroad-liability summary-judgment witness-credibility |
In this Federal Employers' Liability Act case, was summary judgment for the defendant railroad properly granted when (1) the courts below required pro… |
| 20-5463 |
Rowmoto Rogers v. Gregory Skipper, Warden |
Sixth Circuit |
2020-08-28 |
Denied |
Response WaivedIFP |
closing-arguments constitutional-rights criminal-procedure due-process prosecutorial-misconduct trial-procedure witness-credibility |
WHETHER THE PROSECUTOR WAS IMPROPERLY ALLOWED TO VOUCH FOR THE CREDIBILITY OF HIS STAR WITNESS DURING CLOSING ARGUMENTS, DENYING VARIOUS CONSTITUTIONA… |
| 20-5439 |
Jesse Santibanez v. United States |
Fifth Circuit |
2020-08-21 |
Denied |
Response WaivedIFP |
ABUSE-OF-DISCRETION CONFRONTATION-CLAUSE confrontation-right CRIMINAL-PROCEDURE CROSS-EXAMINATION district-court-discretion SIXTH-AMENDMENT WITNESS-CREDIBILITY witness-testimony |
Question not identified. |
| 20-5360 |
Reinaldo Dennes v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-08-14 |
Denied |
IFP |
brady-evidence brady-violation cause-and-prejudice circuit-split cullen-v-pinholster due-diligence due-process evidence-suppression habeas-corpus napue-evidence prosecutorial-misconduct witness-credibility |
Given the extreme facts of this case, should this Court finally turn to footnote 10 and Justice Sotomayor's dissenting opinion in Cullen v. Pinholster… |
| 20-156 |
Kevin Edward Connors v. Texas |
Texas |
2020-08-13 |
Denied |
|
brady-v-maryland brady-violation cold-record credibility-determinations due-process fact-finding habeas-corpus prosecutorial-misconduct witness-credibility |
I. Whether it violates due process for a superior court to substitute its own unfavorable fact findings based on a cold record for an inferior court's… |
| 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… |
| 20-5154 |
Jorge Armando Herrera Salguero v. California |
Ninth Circuit |
2020-07-23 |
Denied |
Response WaivedIFP |
certificate-of-appealability closing-argument credibility due-process habeas habeas-corpus prosecutorial-misconduct witness-credibility |
Is the Ninth Circuit's denial of a COA on Salguero's prosecutorial misconduct claim contrary to this Court's jurisprudence? |
| 20-5038 |
Reza Olangian v. United States |
Second Circuit |
2020-07-20 |
Denied |
Response WaivedIFP |
credibility due-process fair-trial government-informant government-witness trial-procedure truthfulness witness-availability witness-credibility witness-testimony |
1. Is a defendant deprived of a fair trial when government witnesses are invited to comment on his credibility and candor, and when he in turn is aske… |
| 20-5049 |
Kevin L. Martin v. John Galipeau, Warden |
Seventh Circuit |
2020-07-14 |
Denied |
Response WaivedIFP |
administrative-review brady-v-maryland civil-rights disciplinary-hearing disclosure-of-evidence due-process facility-proceedings giglio-v-united-states judicial-procedure prosecutorial-misconduct witness-credibility |
whether thE District cauat oR count oF aepeal Aeey thE
Application of Law because thE videotape withbeld the
shaw thE paisn Guaad loteracted with 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… |
| 19-8529 |
Darryl Cain v. Randee Rewerts, Warden |
Sixth Circuit |
2020-05-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial habeas-corpus harmless-error ineffective-assistance judicial-review procedural-default prosecutorial-misconduct witness-credibility |
ftlMWS ckifij MfyCuloi Opim&if)
$ VwVmj -for M Woj UirWw todibili^ m \m\4 mpws/VVnWbd fip^ 1mtm mm
■«4iwfie OounSe 'ivauiYi^t.
3* WWW 4W personal Dpmi… |
| 19-8479 |
Bernard J. Fleming v. United States |
District of Columbia |
2020-05-15 |
Denied |
Response WaivedIFP |
closing-arguments criminal-procedure due-process fair-trial personal-opinion prosecutorial-misconduct prosecutorial-vouching vouching witness-credibility |
When do comments by a prosecutor in her final and rebuttal arguments to the jury in a criminal case that affirm the veracity of the government's chief… |
| 19-8468 |
Janice M. Shufford v. United States |
Sixth Circuit |
2020-05-14 |
Denied |
Response WaivedIFP |
conspiracy-charges criminal-history due-process evidence evidentiary-exclusion fair-trial indictment-defects judicial-discretion prosecutorial-misconduct witness-credibility |
This case presents two issues. First, did the court of appeals properly affirm the trial court and hold that it did not err in prohibiting the defense… |
| 19-8379 |
Herbert Burgess v. Illinois |
Illinois |
2020-04-30 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-exclusion fair-trial judicial-bias judicial-misconduct prosecutorial-misconduct trial-bias witness-credibility |
I. WHETHER THE TRIAL COURT DENIED HERBERT BURGESS HIS CONSTITUTIONAL RIGHT TO PRESENT A COMPLETE DEFENSE. TRIAL IN VIOLATION OF ILLINOIS SUPREME COURT… |
| 19-8172 |
Adam Carson v. United States |
Sixth Circuit |
2020-04-02 |
Denied |
Response WaivedIFP |
court-of-appeals criminal-procedure due-process federal-jurisdiction perjury statutory-interpretation witness-credibility witness-tampering |
Can a conviction for witness tampering be upheld when a Defendant did not ask a witness to lie for him? and; can a Court of Appeals change the interpr… |
| 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… |
| 19-824 |
Lonnie Lee Owens v. Mike Parris, Warden |
Sixth Circuit |
2019-12-31 |
Denied |
Response Waived |
blakely-error compromise-verdict disputed-facts harmless-error judicial-fact-finding sentencing-enhancement sixth-circuit-review subjective-assessment witness-credibility |
In the decade since this Court ruled in Washington v. Recuenco, 548 U.S. 212 (2006), that errors under Blakely v. Washington, 542 U.S. 296 (2004), can… |
| 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… |
| 19-6851 |
Lena Lasher v. Nebraska State Board of Pharmacy, et al. |
Eighth Circuit |
2019-12-04 |
Dismissed |
Relisted (2)IFP |
administrative-agency administrative-discretion civil-rights due-process equal-protection ethnic-discrimination independent-agency independent-review licensing pharmacist pharmacy-licensing state-board-of-pharmacy witness-credibility |
1. Did the Nebraska Board of Pharmacy (NE BOP) erred by not acting independently in considering the matter at hand concerning the appellant's pharmaci… |
| 19-702 |
Alen Dean O'Bryant v. Oklahoma |
Oklahoma |
2019-12-03 |
Denied |
|
credibility due-process evidentiary-bolstering minor minor-witness physical-evidence prosecutorial-misconduct sexual-assault vouching witness-credibility |
Does Due Process prohibit a State from presenting multiple witnesses and the prosecutor from vouching for the credibility of a minor complaining witne… |
| 19-685 |
Edward George McGregor v. Texas |
Texas |
2019-11-27 |
Denied |
Response RequestedRelisted (2) |
credibility cross-examination due-process false-testimony materiality prosecutorial-misconduct witness-credibility |
Is the materiality of false testimony knowingly used by the prosecution determined by asking whether the jury would have convicted the defendant had t… |
| 19-6614 |
Jerome Marshall v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2019-11-13 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-rights criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health miranda-rights miranda-warnings post-conviction-relief procedural-default witness-credibility |
Whether the Third Circuit Court of Appeals erred by denying Petitioner's request for a certificate of appealability after Petitioner made a substantia… |
| 19-6584 |
Steven Williams v. United States |
Second Circuit |
2019-11-12 |
Denied |
Response WaivedIFP |
cooperating-witnesses cooperation-agreement credibility-bolstering direct-examination due-process government-vouching prosecutorial-misconduct prosecutorial-vouching truth-telling witness-credibility witness-testimony |
Whether it is a violation of due process for the government to bolster the testimony of cooperating witnesses by introducing the 'truth-telling' aspec… |
| 19-6283 |
Daryl Scott v. United States |
District of Columbia |
2019-10-17 |
Denied |
Response WaivedIFP |
criminal-procedure dna-evidence due-process fair-trial government-misconduct judicial-integrity mesarosh-v-united-states military-justice post-conviction-relief post-trial-discovery witness-credibility |
Is the widespread fabrication and destruction of false DNA evidence by a government chemist for use at trial against U.S. servicemembers, and the fail… |
| 19-5948 |
Maria Margarita Valdez-Araiza v. United States |
Ninth Circuit |
2019-09-16 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review conflicting-evidence criminal-procedure-review evidence evidentiary-error harmless-error harmless-error-review judicial-precedent jury-factfinding sixth-amendment standard-of-review witness-credibility |
In conducting harmless-error review, an appellate court may not resolve conflicting evidence, assess the credibility of witnesses, or view the evidenc… |
| 19-5007 |
Jonathan Paul Sikes v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-01 |
Denied |
Relisted (2)IFP |
actual-innocence credibility-of-witnesses criminal-conviction criminal-procedure due-process jackson-standard jackson-v-virginia juvenile-offender reasonable-doubt sexual-offenses standard-of-proof sufficiency-of-evidence testimony witness-credibility |
Question #1:
The Northern District Court reasoned that because K.S. told '
other people (speculating what K.S. told other witnesses ), "there
was ab… |
| 19-5031 |
Efrain Ismael Conde v. Arizona |
Arizona |
2019-07-01 |
Denied |
IFP |
14th-amendment access-to-court appointment-of-counsel credibility-of-witness due-process due-process-materiality-standard fourteenth-amendment materiality-standard newly-discovered-evidence post-conviction-relief witness-credibility |
(1) Does the Due Process Clause of the Federal Constitution's Fourteenth Amendment entitle a convicted prisoner serving a 25-to-life sentence with add… |
| 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… |
| 18-9556 |
Charles R. Willard v. California Department of Corrections and Rehabilitation |
Ninth Circuit |
2019-06-05 |
Denied |
IFP |
certificate-of-appealability inconsistent-testimony ineffective-assistance ineffective-assistance-of-counsel mental-health mental-illness prejudice prior-convictions prosecutorial-misconduct sentencing sentencing-mitigation trial-counsel witness-credibility witness-impeachment |
1. Is the low threshold for a certificate of appealability ("COA") met on a claim that trial counsel provided prejudicially deficient performance when… |
| 18-9527 |
Thomas Branagan v. Isidro Baca, Warden, et al. |
Ninth Circuit |
2019-06-03 |
Denied |
Response WaivedIFP |
child-victim civil-rights criminal-procedure due-process evidence evidentiary-issues ineffective-assistance-of-counsel prosecutorial-misconduct sexual-assault standing testimony-inconsistency witness-credibility witness-testimony |
Question not identified. |
| 18-1482 |
Semyya Lanise Cunningham v. United States |
Fourth Circuit |
2019-05-29 |
Denied |
|
circumstantial-guarantees circumstantial-guarantees-of-trustworthiness credibility credibility-of-witnesses district-court district-court-discretion evidence-law evidence-rule-807 federal-rules-of-evidence hearsay-exception hearsay-rule judicial-discretion residual-hearsay-exception rule-807 trustworthiness witness-credibility |
Whether a finding of "circumstantial guarantees of trustworthiness" may be premised on a district court's belief in the truth of the hearsay statement… |
| 18-9261 |
Calmer Cottier v. United States |
Eighth Circuit |
2019-05-15 |
Denied |
Response RequestedResponse WaivedRelisted (7)IFP |
constitutional-rights cooperating-witness due-process fair-trial impartial-jury jury-deliberation prosecutor-stipulation prosecutorial-misconduct stipulation truthfulness witness-credibility witness-testimony |
When the only evidence offered to support a murder conviction is the testimony of the government's cooperating witnesses, does it violate the Constitu… |
| 18-9260 |
Frederick E. Braxton v. Tennessee |
Tennessee |
2019-05-14 |
Denied |
Response WaivedIFP |
coram-nobis due-process equal-protection equal-protection-clause eyewitness perjury trial-judge witness-credibility |
Is Due Process and/or Equal Protection Clauses of the XIVth Amendment of the U.S. Constitution violated when the sole eyewitness to a crime is the vic… |
| 18-9132 |
Earlie Dickerson v. United States |
Fifth Circuit |
2019-05-03 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidentiary-standard federal-rule-criminal-procedure federal-rules-of-criminal-procedure government-witness government-witnesses motion-for-new-trial newly-discovered-evidence perjury trial-motion witness-credibility witness-testimony |
Question One: Whether new evidence that Government witnesses provided
untruthful statements during a trial can ever satisfy the requirements for a mot… |
| 18-8893 |
Mark M. Brown v. United States |
Sixth Circuit |
2019-04-18 |
Denied |
Response WaivedIFP |
circuit-court-review criminal-procedure impairment mental-capacity mental-impairment probable-cause standard-of-review suppression-motion trustworthiness warrant warrant-issuance witness witness-credibility witness-testimony |
DOES PROBABLE CAUSE TO ISSUE A WARRANT EXTEND TO SITUATIONS WHERE A WITNESS TO ALLEGED CRIMINAL BEHAVIOR WAS SEVERLY IMPAIRED?
SHOULD A CIRCUIT COURT… |
| 18-8728 |
Joseph Christen Thoresen v. Minnesota |
Minnesota |
2019-04-08 |
Denied |
IFP |
corroborating-testimony credibility credibility-of-witnesses criminal-procedure criminal-procedure-due-process-jury-instructions-d criminal-procedure-jury-instructions drug-addiction due-process forensic-evidence jury-instruction jury-instructions methamphetamine prejudicial-evidence prejudicial-information witness-credibility |
Whether the court below erroneously held, in conflict with the decisions of two circuits, that a special jury instruction was not warranted when consi… |
| 18-8533 |
Lance Williams v. California |
California |
2019-03-22 |
Denied |
Response WaivedIFP |
civil-rights criminal-appeal criminal-procedure due-process evidence evidence-admissibility habeas-corpus ineffective-appellate-counsel ineffective-assistance-of-counsel insufficiency-of-evidence intent invalid-illegal-strike perjury police-report prejudicial-1101(b)-evidence pro-se prosecutor-coercion prosecutorial-misconduct uncharged-act witness-credibility witness-description |
1. How can the state courts deny appeal on a issue of prejudicial 1101(B) evidence on a uncharged act used to prove intent where the police report of … |
| 18-8353 |
David A. Hicks v. United States |
Fourth Circuit |
2019-03-08 |
Denied |
Response WaivedIFP |
brady-rule criminal-procedure due-process evidence-destruction exculpatory-evidence government-misconduct habeas-corpus spoliation-of-evidence witness-credibility |
WHETHER the Government can destroy evidence a defendant has sufficient reason to believe is necessary to prove innocence in an anticipated § 2241 Moti… |
| 18-8154 |
Deondre D. Romero v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-02-27 |
Denied |
IFP |
and whether ineffective assistance of counsel dep due-process fair-trial false-testimony fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment victim-credibility witness-credibility |
Whether Petitioner's Foujteenth Amendment. right to a. fair and impartial trial was violated 'then the proseatftr elicited false testimony from the vi… |
| 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… |
| 18-7576 |
Jordaan Stanly Creque v. Alabama |
Alabama |
2019-01-25 |
Denied |
IFP |
capital-murder constitutional-rights credibility death-penalty due-process law-enforcement-testimony law-enforcement-witness reliable-process summation summation-and-bolstering trial-by-jury witness-credibility |
Where a law enforcement witness who has been seated at counsel table throughout trial gives testimony bolstering other witnesses' credibility and summ… |
| 18-7464 |
Carlton E. Gary v. Florida |
Florida |
2019-01-16 |
Denied |
IFP |
competency-hearing criminal-procedure due-process evidentiary-standard expert-testimony expert-witness fundamental-error judicial-error prejudice violation witness-credibility witness-influence |
I). Dr. Merin, had not made contact with a witness to the Criminal charges. The Credibility of her report would have been considered proper.
2). Can … |
| 18-7430 |
Mohamed Abdihamid Farah v. United States |
Eighth Circuit |
2019-01-15 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process harmless-error jury-instructions specific-intent trial-by-jury witness-credibility |
1. WHETHER THE FAILURE TO INCLUDE IN JURY INSTRUCTIONS THE REQUIRED ELEMENT OF SPECIFIC INTENT IS SUBJECT TO HARMLESS ERROR ANALYSIS WHERE THE ELEMENT… |
| 18-7400 |
Damion Sleugh v. United States |
Ninth Circuit |
2019-01-14 |
Denied |
Response WaivedIFP |
appellate-review co-defendant-testimony criminal-procedure discovery due-process evidence fifth-amendment first-amendment impeachment impeachment-evidence witness-credibility |
Does the need for sealing a co-defendant's subpoena applications end once the co-defendant changes his plea and testifies for the Government at trial?… |
| 18-7303 |
Joel Rivera v. United States |
Seventh Circuit |
2019-01-08 |
Denied |
Response WaivedIFP |
advance-knowledge aiding-and-abetting armed-robbery credibility-of-witness credible-witness criminal-intent due-process evidence firearm-use new-trial prosecutorial-discretion seventh-circuit witness-credibility |
WHETHER ROSEMOND V. UNITED STATES, 134 S.Ct. 1240 (2014), WAS WRONGLY INTERPRETED AND APPLIED BY THE SEVENTH CIRCUIT COURT OF APPEALS WHEN IT UPHELD M… |
| 18-7189 |
George Leslie Manlove v. United States |
Ninth Circuit |
2018-12-27 |
Denied |
Response WaivedIFP |
constitutional-rights credibility due-process fact-finding fair-trial jury-role leading-questions prosecutorial-misconduct right-to-jury witness-credibility |
WAS PETITIONER DENIED HIS CONSTITUTIONAL RIGHTS, INCLUDING HIS RIGHT TO A FAIR TRIAL, BECAUSE THE PROSECUTOR'S CALCULATED, SUSTAINED, AND IMPROPER USE… |
| 18-7146 |
Jonathan Samuel Sage v. Washington |
Washington |
2018-12-21 |
Denied |
IFP |
confrontation confrontation-clause cross-examination double-jeopardy double-jeopardy-clause due-process evidence-restriction judicial-review jury-instructions multiple-convictions same-crime same-person-same-time separate-and-distinct-conduct uncharged-misconduct witness-credibility |
1. It is well established that when a person is charged with multiple counts of the same crime committed against the same person at the same time, the… |
| 18-6696 |
Octavio Torres Ortega v. Pam Bondi, Attorney General of Florida |
Eleventh Circuit |
2018-11-16 |
Denied |
IFP |
appeal criminal-procedure due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal motion-to-suppress public-defender speedy-trial trial-counsel witness-credibility |
QUESTION ONE
DID THE TRIAL COURT ERR IN DENYING A JUDGMENT OF
ACQUITTAL
QUESTION TWO
WAS APPELLATE COUNSEL WAS INEFFECTIVE IN THE
APPEAL PROCESS
QUE… |
| 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… |
| 18-6629 |
William Randolph Harloff v. Craig Koenig, Warden |
Ninth Circuit |
2018-11-08 |
Denied |
Response WaivedIFP |
chapman-harmless-error confrontation-clause constitutional-rights courtroom-presence criminal-procedure due-process harmless-error prejudice right-to-be-present witness-credibility witness-testimony |
Whether the state court applied Chapman v. California, 386 U.S. 18 (1967) in an objectively unreasonable manner or made an unreasonable determination … |
| 18-6556 |
David McAlister, Sr. v. Wisconsin |
Wisconsin |
2018-11-02 |
Denied |
Response WaivedIFP |
circuit-court credibility credibility-of-witness criminal-procedure cumulative-evidence due-process exculpatory-evidence legal-standard newly-discovered-evidence reasonable-probability recantation state-witness witness-credibility |
Did the circuit court erroneously violate petitioner's right to due process when it applied an incorrect legal standard to newly discovered evidence?
… |
| 18-5905 |
Cortez Moore v. Illinois |
Illinois |
2018-09-06 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial judicial-bias officer-testimony opening-argument prosecutorial-misconduct sixth-amendment testifying-officers witness-credibility |
Whether the State of Illinois deprived Cortez Moore of a fair trial where during opening argument it repeatedly characterized the testifying officers … |
| 18-5823 |
Alonzo D. Marshall v. United States |
District of Columbia |
2018-08-29 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process evidentiary-hearing innocence innocence-claim post-conviction-relief section-23-110 trial-court-discretion witness-credibility |
Alonzo Marshall Has vehemently challenged his guilt throughout these proceeding because he was not involved in the death of Michael Henry. Even though… |
| 18-176 |
Conestoga Trust Services, LLC, as Trustee of the Conestoga Settlement Trust, dated May 1, 2010 v. Sun Life Assurance Company of Canada |
Sixth Circuit |
2018-08-09 |
Denied |
|
civil-procedure direct-evidence disinterested-witness evidence judicial-discretion material-fact material-facts nonmovant reasonable-jury reasonable-jury-standard summary-judgment witness-credibility |
Whether a court considering a motion for summary judgment may, under the guise of applying the "reasonable jury" standard, weigh and discredit direct … |
| 18-144 |
Keith Byron Baranski v. United States |
Eighth Circuit |
2018-07-31 |
Denied |
Response Waived |
appellate-standard brady-giglio coram-nobis due-process materiality prosecutorial-misconduct prosecutorial-suppression second-or-successive-motions second-successive-motions sentencing-reduction suppressed-evidence suppression-of-evidence witness-credibility |
After being released from custody following a conspiracy conviction, Keith Baranski challenged his conviction by filing a petition for writ of error c… |
| 18-5255 |
Jerome Gibson v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2018-07-18 |
Denied |
Response WaivedIFP |
brady-claim brady-v-maryland credibility de-novo-review due-process evidence-suppression investigation kyles-standard kyles-v-whitley materiality materiality-test police-investigation reliability suppressed-evidence witness-credibility |
In de novo review of a Brady claim, where the Commonwealth suppressed evidence of inducements provided to its witnesses, may a court find the suppress… |
| 18-5242 |
Kenneth Martin, Jr. v. United States |
Fifth Circuit |
2018-07-16 |
Denied |
Response WaivedIFP |
burden-of-proof co-conspirator co-conspirator-testimony corroboration corroboration-requirement criminal-conviction criminal-procedure due-process evidence evidentiary-standard fifth-circuit-law plea-bargain sentencing testimony witness-credibility |
Whether the Fifth Circuit's law that allows a conviction based solely
on the uncorroborated testimony of a co-conspirator should be abandoned, or at
l… |
| 18-5143 |
Robert Graham v. Melissa Hainsworth, Superintendent, State Correctional Institution at Somerset, et al. |
Third Circuit |
2018-07-05 |
Denied |
IFP |
admissibility batson-vs-kentucky criminal-procedure due-process fingerprinting fingerprinting-expert identification identification-testimony preliminary-hearing reliability trial-evidence witness-credibility |
QUESTION ONE:
IS AN IN COURT IDENTIFICATION OF THE DEFENDANT AS THE
ROBBER -ADMISSIBLE AT TRIAL IN THE ABSENCE OF A DUE
PROCESS HEARING -TO FIRST D… |