accomplice-liability

21 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-6047 Rodney Tyrone Henry v. United States Eighth Circuit 2024-11-27 Denied Response WaivedIFP 18-usc-3553a accomplice-liability circuit-court-review criminal-procedure premeditation sentencing The United States Court of Appeals for the Eighth Circuit's decision misapplied the established precedent regarding circumstances that could support a…
24-5388 John Joseph Douglas v. United States Eighth Circuit 2024-08-26 Denied Response WaivedIFP accomplice-liability armed-career-criminal-act criminal-liability criminal-procedure separate-offenses statutory-interpretation I.IF A PERSON IS HELD CRIMINALLY LIABLE FOR AN OFFENSE, COMMITTED BT ANOTHER, UNDER A "REASONABLE AND FORESEEABLE ACTS" ACCOMPLICE LIABILITY STATUTE,…
24-5368 Joseph Roach v. Amy Robey, Warden Sixth Circuit 2024-08-22 Denied Response WaivedIFP accomplice-liability criminal-conviction due-process jackson-v-virginia jury-unanimity sixth-circuit WAS MR. ROACH DENIED THE UNANIMOUS JURY VERDICT REQUIRED BY KENTUCKY LAW WHEN HE WAS TRIED UNDER A THEORY THAT HE ACTED ALONE, AND INDEPENDENTLY, BUT …
23-7459 Alan Troy Houser v. Stephen Buzas, Superintendent, State Correctional Institution at Greene, et al. Third Circuit 2024-05-13 Denied Response WaivedIFP 42-usc-1983 accomplice-liability civil-rights conspiracy constitutional-law criminal-liability criminal-procedure due-process failure-to-intervene standing Question not identified.
23-7128 Harvey Windsor v. Steven T. Marshall, Attorney General of Alabama, et al. Eleventh Circuit 2024-04-02 Denied IFP accomplice-liability capital-murder certificate-of-appealability death-penalty discovery-limitation habeas-corpus head-injury ineffective-assistance ineffective-assistance-of-counsel postconviction-relief Whether, when both the state trial court and the federal district court agree that a habeas petitioner has pleaded a claim that, if true, would warran…
22-5226 Oyeyemi Olatunji Owagboriaye, aka Prince v. United States Eleventh Circuit 2022-07-29 Denied Response WaivedIFP 18-usc-1343 accomplice-liability circuit-split criminal-law federal-criminal-law procedural-history scheme-to-defraud statutory-interpretation wire-fraud The wire fraud statute—18 U.S.C. § 1343—criminalizes the use of a wire "for the purpose of executing" a scheme to defraud. This Court has interpreted …
21-7207 Robert Brewer v. New York New York 2022-02-25 Denied Response WaivedIFP accomplice-liability constitutional-law criminal-law criminal-procedure due-process jury-unanimity precedent state-courts supreme-court-precedent This Court should grant certiorari to decide whether or how Schad v Arizona, 501 U.S. 624 (1991), continues to apply following the decisions in Ramos …
21-6073 John Ray Falk, Jr. v. Texas Texas 2021-10-27 Denied IFP accomplice-liability capital-murder capital-punishment criminal-liability due-process guilty-plea law-of-parties notice plea-bargaining pro-se pro-se-defendant (1) Given that Due Process requires that a guilty plea be "knowing and intelligent," when a pro se defendant seeks to plead guilty to a death-eligible…
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…
21-5891 Archie Ned Williams v. United States Ninth Circuit 2021-10-05 Denied Response WaivedIFP accomplice-liability crime-of-violence criminal-law double-jeopardy due-process hobbs-act-robbery physical-force pinkerton-liability section-924c statutory-interpretation 1. Must the "use of physical force" required to establish a predicate crime of violence under 18 U.S.C. § 924(c)(3)(A) be personal to the defendant co…
21-5013 Arnold Council v. United States Seventh Circuit 2021-07-06 Denied IFP 18-usc-924(c)(3)(a) accomplice-liability crime-of-violence criminal-law direct-liability elements-clause hobbs-act sentencing-enhancement statutory-interpretation Whether Hobbs Act robbery qualifies as a "crime of violence" under the elements clause in 18 U.S.C. § 924(c)(3)(A) as to either direct or accomplice l…
20-7849 Ismael Lopez v. United States, et al. Second Circuit 2021-04-26 Denied Response WaivedIFP 8th-amendment accomplice-liability constitutional-review criminal-procedure due-process factor-based-analysis mandatory-sentencing mens-rea nexus proportionality-test sentencing Whether mandatory sentences, as a whole or in part, are constitutional and should be replaced with factor-based analysis under §3553, in conjunction w…
20-988 Barry Smith, Superintendent, State Correctional Institution at Houtzdale, et al. v. Aaron Edmunds Tyson Third Circuit 2021-01-25 Denied accomplice-liability aedpa aedpa-review benefit-of-the-doubt cullen-v-pinholster due-process habeas-corpus jury-instructions standard-of-review Under Pennsylvania law it is well-settled that to be found guilty of First Degree Murder as an accomplice, a defendant must have the specific intent t…
20-6311 Russell Davis v. United States Sixth Circuit 2020-11-13 Denied Response WaivedIFP accomplice-liability co-conspirator-liability controlled-substance controlled-substances criminal-law drug-distribution due-process enhanced-penalty pinkerton-liability sentencing I. Whether the government must satisfy the evidentiary requirements for accomplice liability under 18 U.S.C. §2 or co-conspirator liability under Pink…
20-5759 Charles C. Williamson v. United States Fourth Circuit 2020-09-18 Denied Response WaivedIFP accomplice-liability criminal-procedure drug-quantity drug-weight judicial-interpretation relevant-conduct sentencing-guidelines standard-of-review statutory-interpretation WHETHER THE DISTRICT COURT AND CIRCUIT COURT MISINTERPRETED AND MISAPPLIED THE "RELEVANT CONDUCT" PROVISIONS OF UNITED STATES SENTENCING COMMISSION, G…
19-7027 Patrick T. Hughes v. Pennsylvania Pennsylvania 2019-12-20 Denied Response WaivedIFP accomplice-liability confrontation-clause criminal-conspiracy criminal-homicide due-process eighth-amendment evidence reasonable-doubt I. Whether the evidence was sufficient to [sustain] a conviction of criminal homicide, criminal conspiracy to commit homicide where the Commonwealth f…
18A1344 Saquawn Harris v. United States District of Columbia 2019-06-20 Presumed Complete accomplice-liability aiding-and-abetting appellate-review criminal-law jury-instructions mens-rea Question not identified.
18-1131 United States v. Eric Quinn Franklin Ninth Circuit 2019-02-28 Dismissed accomplice-liability armed-career-criminal-act categorical-approach controlled-substances-act mens-rea serious-drug-offense state-drug-offense statutory-interpretation Whether a state drug offense must categorically match the elements of a generic analogue offense, including with respect to the mens rea for any poten…
18-7642 Kirk Lassend v. United States First Circuit 2019-01-29 Denied Response WaivedIFP acca accomplice-liability armed-robbery circuit-split non-dangerous-weapons sentencing strict-liability violent-felony 1. Whether This Court Should Grant This Petition To Resolve The Circuit Split As To Whether A Crime Which Does Not Require The Actual Use Of Violent F…
18-6670 Richard Allen Barker v. California California 2018-11-13 Denied IFP accomplice-liability constitutional-law constitutional-proportionate-punishment criminal-procedure eighth-amendment enmund-v-florida in-re-butler in-re-rodriguez individual-culpability proportionate-punishment UNITED STATES CONSTITUTION - EIGHTH AMENDMENT CONSTITUTIONAL PROPORTIONATE PUNISHMENT - INDIVIDUAL CULPABILITY IF, IN 1978, THE CALIFORNIA PAROLE AUT…
18-6342 Jaime Rene Lopez-Vaal v. United States Ninth Circuit 2018-10-16 Denied Response WaivedIFP accomplice-liability aggravated-felony criminal-law criminal-procedure due-process equal-protection federal-sentencing immigration immigration-law ninth-circuit-review sentencing statutory-interpretation void-for-vagueness Whether Section 1326(b), which does not define "misdemeanors involving drugs or violence against the person," "felony," or "aggravated felony," is unc…