adversarial-process
11 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 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… |
| 24-5504 | 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… |
| 22-6065 | Samirkumar J. Shah v. United States | Third Circuit | 2022-11-16 | Denied | Response WaivedIFP | adversarial-process conflict-of-interest criminal-procedure disqualification disqualification-motion due-process evidentiary-hearing prosecutorial-ethics prosecutorial-misconduct | The situation in this case raises the question of whether the Petitioner, Samirkumar Shah, a practicing cardiologist whose former attorney, Tina Mille… |
| 20-5467 | Carlos Michael Lopez v. Texas | Texas | 2020-08-24 | Denied | IFP | adversarial-process appeal appeal-waiver appellate-procedure constitutional-rights due-process garza-v-idaho inherent-powers sua-sponte-dismissal waiver | Garza v. Idaho, 139 S. Ct. 738, 749-50 (2019), holds that a defense attorney offends the Constitution by failing to file a notice of appeal upon the c… |
| 20-5388 | Michael J. Buck v. Texas | Texas | 2020-08-18 | Denied | Response WaivedIFP | adversarial-process appeal appeal-waiver appellate-procedure constitutional-rights due-process inherent-powers sua-sponte sua-sponte-dismissal waiver | 1. Does due process require courts to "treat at least some claims as unwaiveable" on appeal? See Garza, 139 S. Ct. at 145. 2. Does due process guaran… |
| 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 … |
| 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… |
| 19-8324 | 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 … |
| 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… |
| 18-7635 | 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… |
| 18-5751 | William Burke v. Georgia | Georgia | 2018-08-24 | Denied | Response WaivedIFP | adversarial-process constitutional-fairness criminal-procedure double-jeopardy due-process evidence evidence-review fair-trial judicial-review jury-instructions post-conviction-review prosecutorial-discretion prosecutorial-misconduct trial-strategy | At what point does it become fundamentally unfair to 'adjust the charges to the evidence'? In this instance, the State adjusted the charges, and by ex… |