acquittal
47 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 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 … |
| 24-6966 | Mick J. Careaga v. United States | Ninth Circuit | 2025-04-10 | Denied | Response WaivedIFP | acquittal criminal-procedure due-process jury-verdict lesser-included-offense trial-by-jury | I. Whether the Due Process clause permits a court to ignore without inquiry a jury's finding of Not Guilty on a lesser, necessarily included charge, w… |
| 24-1048 | Karen Read v. Superior Court of Massachusetts, Norfolk County, et al. | First Circuit | 2025-04-03 | Denied | Response Waived | acquittal constitutional-law criminal-procedure double-jeopardy jury-verdict retrial | 1. Whether a final and unanimous, but unannounced, decision by a jury following trial that the prosecution failed to prove a defendant guilty of a cha… |
| 24-6318 | Marcus Crowder v. Georgia | Georgia | 2025-01-16 | Denied | Relisted (2)IFP | acquittal constitutional-law criminal-prosecution double-jeopardy fifth-amendment malice-murder | Whether the state of Georgia violates the Fifth Amendment to the United States Constitution's Double Jeopardy Clause when it indicts in multiplicity o… |
| 24-227 | John Kevin Woodward v. California, et al. | California | 2024-08-29 | Denied | Response RequestedResponse WaivedRelisted (5) | acquittal criminal-procedure double-jeopardy fifth-amendment judicial-interpretation substantial-evidence | The Fifth Amendment's Double Jeopardy Clause bars retrial whenever a court's order dismissing a criminal case constitutes an "acquittal." Under this C… |
| 24-5287 | John Phillip Bender v. Texas | Texas | 2024-08-09 | Denied | Relisted (2)IFP | acquittal double-jeopardy federal-law jury-determination legal-proceedings record-review | 1. Whether this Court must immediately confront record truth of the federal double jeopardy law acquittal event: jury's actual historic 2009 nonculpab… |
| 23-7575 | Oscar Dillon, III v. United States | Eighth Circuit | 2024-05-28 | Denied | Response WaivedRelisted (2)IFP | acquittal acquitted-conduct criminal-culpability double-jeopardy federal-rules-of-evidence fifth-amendment rule-404(b) trial-procedure unrelated-charges | The Eighth Circuit United States Court of Appeals determined that criminal culpability derived from verdicts of aquittals are admissible in separate t… |
| 23-6592 | Bernardito Carvajal, aka Christian Mendez-Acevedo v. United States | First Circuit | 2024-01-26 | Denied | Response WaivedIFP | acquittal constitutional-rights criminal-procedure due-process judicial-review jury-verdict sentencing sentencing-discretion unreasonable-sentence | May a sentencing judge disregard the jury's verdict acquitting the defendant of causing the decedent's death and use facts the jury rejected to justif… |
| 23-6553 | Danjuan Antonio McBride v. Virginia | Virginia | 2024-01-24 | Denied | Response WaivedIFP | acquittal criminal-procedure directed-verdict double-jeopardy fifth-amendment retrial | Whether the Virginia Supreme Court erred when it held that Petitioner's Fifth Amendment right not to be put twice in Jeopardy was not violated when th… |
| 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 … |
| 23-5090 | Travis J. Brown v. California | California | 2023-07-13 | Denied | Response RequestedRelisted (3)IFP | acquittal appellate-jurisdiction constitutional-protections criminal-procedure double-jeopardy due-process fifth-amendment judicial-review mistrial procedural-error | WHETHER A STATE COURT SUBMITS A SUCCESSION OF VERDICTS BOTH GUILTY AND NOT GUILTY OF THE SAME COUNT, AGAINST THE SAME DEFENDANT, AND TO THE SAME TRIAL… |
| 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 … |
| 22-6706 | Darin M. Ogden v. Idaho | Idaho | 2023-02-07 | Denied | Response WaivedIFP | acquittal criminal-procedure criminal-sentencing double-jeopardy due-process fourteenth-amendment jury-acquittal lewd-conduct sentencing united-states-v-watts | Whether the due process clause of the Fourteenth Amendment prohibits a state court from basing a criminal defendant's sentence on conduct for which a … |
| 22-721 | Damian McElrath v. Georgia | Georgia | 2023-02-02 | Judgment Issued | Amici (5)Relisted (7) | acquittal criminal-procedure criminal-prosecution double-jeopardy fifth-amendment jury-verdict prosecution repugnant-verdict repugnant-verdicts | The Georgia Supreme Court held that a jury's verdict of acquittal on one criminal charge and its verdict of guilty on a different criminal charge aris… |
| 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… |
| 22-5739 | LaTausha Simmons v. Michigan | Michigan | 2022-10-03 | Denied | IFP | acquittal appeal circuit-court constitutional-protection criminal-prosecution double-jeopardy insufficient-evidence jurisdiction michigan-supreme-court reconsideration | I. WHETHER THE MICHIGAN SUPREME COURT ERRED IN CONCLUDING THAT THE PROHIBITION AGAINST DOUBLE JEOPARDY (see US Const, Am V and Const 1963, art 18 15… |
| 22-5106 | Kalvin Lamar Washington v. Michigan | Michigan | 2022-07-14 | Denied | IFP | acquittal court-forms criminal-procedure double-jeopardy due-process habeas-corpus indigent-petitioner jury-trial state-prosecution statutory-provisions | Question not identified. |
| 21-1576 | Timothy J. Smith v. United States | Eleventh Circuit | 2022-06-21 | Judgment Issued | Amici (5)Relisted (2) | acquittal circuit-split constitutional-right criminal-procedure double-jeopardy due-process reprosecution retrial trial-remedy venue | Whether the proper remedy for the government's failure to prove venue is an acquittal barring reprosecution of the offense, as the Fifth and Eighth Ci… |
| 21-7705 | Nolan Woods v. Florida Department of Corrections | Eleventh Circuit | 2022-04-26 | Denied | Response WaivedIFP | acquittal appellate-review constitutional-law criminal-procedure double-jeopardy due-process judgment-of-acquittal judicial-remedy re-prosecution | WILL THIS COURT CREATE A BRIGHT-LINE RULE DELINEATING THAT THE ONLY CURE FOR A DOUBLE JEOPARDY VIOLATION CAUSED BY DUAL CONVICTIONS OF THE SAME CRIME … |
| 21-1317 | Rafi Wali McCall v. United States | Fifth Circuit | 2022-04-04 | Denied | Response WaivedRelisted (2) | acquittal constitutional-prohibition criminal-procedure double-jeopardy due-process judicial-finding jury-trial supervised-release | Does the United States Constitution prohibit a judge from revoking supervised release pursuant to 18 U.S.C. § 3583 based on a judicial finding that th… |
| 21-6851 | Joel Quiles v. Massachusetts | Massachusetts | 2022-01-14 | Denied | Response WaivedIFP | acquittal constitutional-rights criminal-conviction double-jeopardy due-process felony-murder fifth-amendment first-degree-murder trial-procedure | Where the trial judge (1) stated that the defendant is "not guilty of felony murder;" (2) told the jury that their answers to special questions on the… |
| 21-6834 | In Re Hosea Jackson | 2022-01-13 | Denied | IFP | acquittal aiding-and-abetting criminal-liability double-jeopardy fifth-amendment hobbs-act insufficient-evidence jeopardy judicial-precedent | 1. Whether judicial precedent concerning double jeopardy defines an acquittal to encompass any ruling that the prosecutions proof is insufficient to e… | |
| 21-6845 | In Re Willie S. Smith | 2022-01-13 | Denied | Relisted (2)IFP | acquittal appeal appellate-review constitutional-injury criminal-procedure due-process judgment-of-acquittal judicial-discretion legal-remedy usurpation-of-power | (1) Is it clear and indisputable that, respondent Judges have a duty to enter a judgement of acquittal pursuant to "Ball" and Crim. Rule 29? (2) Is i… | |
| 21-5894 | Jeffrey Richard Martinson v. Arizona | Arizona | 2021-10-05 | Denied | Response WaivedIFP | acquittal constitutional-law criminal-procedure double-jeopardy double-jeopardy-doctrine fifth-amendment new-trial prosecutorial-misconduct trial-court-dismissal | Whether the Double Jeopardy Clause of the Fifth Amendment bars retrial where the trial court dismissed the case with prejudice for bad faith prosecuto… |
| 21-5138 | In Re Willie S. Smith | 2021-07-19 | Denied | Relisted (2)IFP | acquittal aedpa-review exceptional-circumstances finality-of-verdict habeas-corpus innocence-claim judicial-review jury-verdict non-capital-case statutory-interpretation | Whether transfer to the District Court for a hearing pursuant to this Court's original habeas jurisdiction is warranted in this exceptional non-capita… | |
| 20-8280 | Trent Slone v. United States | Seventh Circuit | 2021-06-11 | Denied | Response WaivedIFP | acquittal drug-possession due-process fifth-amendment firearms firearms-violation presumption-of-innocence sentencing | 1.Does the presumption of innocence and the due process clause of the Fifth Amendment protect a defendant at a firearms violation sentencing when th… |
| 20-1281 | Byron Dredd v. United States | Ninth Circuit | 2021-03-15 | Denied | Response Waived | 18-usc-1001 18-usc-1519 18-usc-241 acquittal civil-rights criminal-procedure double-jeopardy false-statements religious-communication trial-evidence | 1. Whether petitioner's acquittals on two counts - conspiracy against civil rights, 18 U.S.C. section 241 and providing false statements, 18 U.S.C. se… |
| 20-5269 | Amadeo Valls v. Florida | Florida | 2020-08-05 | Denied | IFP | acquittal burglary criminal-procedure due-process jury-instructions mens-rea structural-error | (1) WHETHER Due process prohibits Florida from excluding Hews rea .instruction from Burglary CHARGES or WHETHER IT IS STRUCTURAL ERROR For Trial court… |
| 19-8915 | Robert Eugene Glassgow v. United States | Eighth Circuit | 2020-07-08 | Denied | Response WaivedIFP | 28-usc-2255 acquittal aedpa court-of-appeals criminal-procedure double-jeopardy due-process habeas-corpus post-conviction-relief presumption-of-innocence sentencing | Whether prose defendants since file under 18 U.S.C. § 2255 and are paid back costs by the Court Judge if in be the onus ce oy tt permission of the app… |
| 19-1453 | Michigan v. Gerald Raynard Fuller | Michigan | 2020-07-02 | Denied | acquittal acquittal-consideration acquitted-conduct conflict-of-authority criminal-procedure due-process federal-circuits judicial-discretion preponderance-of-evidence sentencing sentencing-guidelines sentencing-standards state-courts | The federal circuit courts have uniformly held that a sentencing judge may consider conduct for which the defendant has been acquitted, and this Court… | |
| 19-7587 | Lannon Lavar Burdunice v. Minnesota | Minnesota | 2020-02-07 | Denied | Response WaivedIFP | acquittal batson bias character-evidence circumstantial-evidence constitutional-rights criminal-law double-jeopardy due-process evidence incomplete-jury-verdict insufficient-evidence intent-to-kill judicial-error judicial-misconduct jury-instructions jury-verdict prior-convictions prosecutorial-misconduct right-to-be-present right-to-present-defense second-degree-murder weight-of-evidence | 1. MUST MV CONVICTION FOR SECOND DEGREE INTENTIONAL MURDER BE VACATED AND A JUDGEMENT OF ACQUITTAL ENTERED INSTEAD WHERE THE JURY'S GUILTY VERDICT GOE… |
| 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? |
| 19-7001 | 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… |
| 19-6699 | Andrew McWhorter v. Indiana | Indiana | 2019-11-20 | Denied | Response WaivedIFP | acquittal amended-charges charging-information criminal-procedure deadly-weapon double-jeopardy due-process fifth-amendment jury | Whether the Double Jeopardy Clause of the Fifth Amendment barred the State of Indiana from "retrying" Petitioner for the 1) knowing 2) killing 3) of A… |
| 19-6528 | Royce C. Gouveia v. Nolan Espinda, Director, Hawaii Department of Public Safety, et al. | Ninth Circuit | 2019-11-06 | Denied | IFP | acquittal constitutional-law criminal-procedure double-jeopardy double-jeopardy,criminal-procedure,jury,verdict,ac jury jury-verdict retrial verdict | Does a jury's execution of a verdict form acquitting the defendant, and announcement that it has reached a verdict, suffice to erect a double jeopardy… |
| 19-6413 | Ricky Langley v. Howard Prince, Warden | Fifth Circuit | 2019-10-28 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | acquittal ashe-v-swenson collateral-estoppel constitutional-law criminal-procedure double-jeopardy due-process habeas-corpus jury-verdict | Whether it is clearly established that a jury's failure to return a verdict, which is tantamount to an acquittal for double jeopardy purposes, will ha… |
| 19-489 | Lawrence G. Hutchins, III v. United States | Armed Forces | 2019-10-15 | Denied | Response Waived | acquittal collateral-estoppel conspiracy criminal-charge criminal-charges criminal-procedure double-jeopardy issue-preclusion military-justice retrial | Whether the right under the Double Jeopardy Clause to the issue preclusive effect of an acquittal applies where precluded and un-precluded facts are a… |
| 19-5260 | Michael Levon Jackson v. United States | Eleventh Circuit | 2019-07-19 | GVR | IFP | 18-usc-922g acquittal constitutional-law constitutional-rights criminal-procedure due-process element-of-crime jury-instruction jury-instructions jury-unanimity reasonable-doubt sentencing | Question One The Constitution requires that a jury find every element of the crime beyond a reasonable doubt. The district court, however, did not pro… |
| 19-37 | Matthew Freeman v. Texas | Texas | 2019-07-03 | Denied | acquittal constitutional-rights criminal-procedure double-jeopardy due-process fourteenth-amendment judgment-of-acquittal successive-prosecution successive-prosecutions | Whether placing the Petitioner in a position to be twice tried for the same offense after a judgment of acquittal violates Petitioner's constitutional… | |
| 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… |
| 18-8456 | Roberto Miramontes Roman v. United States | Tenth Circuit | 2019-03-19 | Denied | IFP | 18-USC-924(c)(1)(A) acquittal conviction criminal-procedure double-jeopardy Double-Jeopardy-Clause drug-trafficking due-process federal-prosecution Firearm-Possession firearm-statute Prosecution state-court-acquittal state-federal-prosecution statutory-interpretation | 1. Did it violate the Double Jeopardy Clause for the United States to prosecute Mr. Roman for the same offense and conduct for which he was acquitted … |
| 18-8378 | Garron T. Briggs v. United States | Eighth Circuit | 2019-03-11 | Denied | Response WaivedIFP | acquittal constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-proceeding plea-bargaining prejudice prejudice-prong reasonable-probability right-to-trial strickland-v-washington | Whether the district court's ruling, which implies that when a petitioner successfully proves that his counsel was ineffective, that petitioner must t… |
| 18-8138 | Joseph Hughes v. Dan Schnurr, Warden | Kansas | 2019-02-27 | Denied | IFP | acquittal acquittal-implications civil-rights constitutional-rights criminal-procedure double-jeopardy due-process second-prosecution sex-offender-management sexual-offender sexual-offender-registration state-authority | How can the State of Kansas manage me as a sexual offender when I was found acquitted of rape by a jury? Furthermore, the State of Kansas wasn't able … |
| 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 … | |
| 18-809 | Curtis T. Lovelace v. Illinois | Illinois | 2018-12-26 | Denied | Amici (4)Response RequestedResponse WaivedRelisted (2) | acquittal bail-bond bail-bond-forfeiture clerk-of-courts due-process due-process,excessive-fines,equal-protection,bail- equal-protection excessive-fines fifth-amendment fourteenth-amendment | Whether charging a person who was tried and acquitted a $35,000 bail bond forfeiture, not related to individualized costs or compliance with bail bond… |
| 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… |
| 18-82 | 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… |