adversarial-testing

12 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6239 Elijah D. Brown v. United States Fifth Circuit 2025-11-25 Denied Response WaivedIFP adversarial-testing circuit-split due-process evidence-standard fifth-amendment sentencing Whether the Fifth Amendment's Due Process Clause permits a district court to base a sentencing determination on technical and factual assertions that …
25-6082 Karl Roseboro v. Melissa Hainsworth, Superintendent, State Correctional Institution at Laurel Highlands, et al. Third Circuit 2025-11-12 Denied Response WaivedIFP adversarial-testing curative-instruction due-process ineffective-assistance jury-prejudice strickland-standard (1) When rumors that Petitioner was involved in the murder were twice put into evidence before the jury without counsel objecting or asking for a cura…
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? …
21-1504 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…
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…
20-5889 In Re Jesus Anaya 2020-10-02 Denied Response WaivedIFP adversarial-testing certificate-of-appealability constitutional-rights constructive-denial-of-counsel criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel slack-standard standard-of-review WHETHER TRIAL AND APPELLATE COUNSEL(S)' S INADEQUATE REPRESENTATION OF JESUS ANAYA CONSTITUTED, AT BEST, CONSTRUCTIVE DENIAL OF COUNSEL, WHERE TRIAL C…
19-8795 Jeremia Joseph Loper v. Nate Knutson, Warden Eighth Circuit 2020-06-23 Denied IFP adversarial-testing appellate-counsel appellate-review constitutional-rights due-process effective-assistance-of-counsel exculpatory-evidence fair-trial ineffective-assistance procedural-default 1. Was Mr. Loper denied the right to a fair trial and the effective assistance of counsel when his trial attorney failed to investigate readily availa…
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…
19-5781 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…
19-5504 In Re Joel Diaz-Hinirio 2019-08-08 Denied Response WaivedIFP adversarial-testing conviction-integrity criminal-procedure due-process habeas-corpus incarceration ineffective-assistance-of-counsel judicial-review right-to-counsel WHETHER DENIAL OF APPOINTMENT OF COUNSEL TO PETITIONER BY THE SUPREME COURT IN THIS INSTANT CASE, WOULD BE TANTAMOUNT TO PETITIONER JOEL DIAZ HINIRIO,…
18-7460 Clint Horvatt v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-01-16 Denied IFP adversarial-testing appeal change-of-venue civil-procedure competency-hearing criminal-acts criminal-procedure disciplinary-history due-process independent-act-doctrine ineffective-assistance involuntary-intoxication record standing trial-counsel trial-court In claim one and two, did the trial court fail to attach portions of the record. In claim 3(A), did trial counsel fail to investigate criminal acts a…
18-6075 Daniel Clate Acker v. Texas Texas 2018-09-21 Denied IFP adversarial-testing capital-punishment criminal-justice-system-legitimacy criminal-liability death-penalty due-process fairness false-theory-of-liability miscarriage-of-justice post-conviction-review This case weaves these threads together and asks whether due process requires a state post-conviction review process in those rare instances where a S…