| 25-5953 |
Christopher Matthew Henderson v. Alabama |
Alabama |
2025-10-24 |
Denied |
IFP |
adverse-inference capital-murder criminal-sentencing fifth-amendment prosecutorial-conduct right-to-silence |
In the sentencing phase of a capital trial, where the defendant exercises his right to remain silent and to plead not guilty, does the Fifth Amendment… |
| 24-883 |
Molly Vogt, as Trustee for the Heirs and Next of Kin of Joshua Vogt, Deceased v. CO Robert Anderson, et al. |
Eighth Circuit |
2025-02-18 |
Denied |
Amici (3) |
adverse-inference circuit-split civil-procedure evidence-destruction spoliation summary-judgment |
When a party destroys evidence "with the intent to deprive another party of the information's use in the litigation," Federal Rule of Civil Procedure … |
| 24A624 |
Molly Vogt, as Trustee for the Heirs and Next of Kin of Joshua Vogt, Deceased v. CO Robert Anderson, et al. |
Eighth Circuit |
2024-12-26 |
Presumed Complete |
|
adverse-inference civil-rights jury-trial section-1983 spoliation summary-judgment |
Question not identified. |
| 22-992 |
Clay Melton Denton v. United States |
Fifth Circuit |
2023-04-13 |
Denied |
|
adverse-inference criminal-procedure due-process evidence-spoliation exculpatory-evidence government-failure jury-instruction spoliation |
If critical evidence, which is at a minimum potentially exculpatory, is lost as a result of government's failure to preserve it, when is a defendant e… |
| 20-1104 |
Irina Tesoriero v. Carnival Corporation, dba Carnival Cruise Line |
Eleventh Circuit |
2021-02-11 |
Denied |
Response Waived |
adverse-inference circuit-split civil-procedure discovery evidence evidentiary-standard federal-courts legal-sanction sanctions spoliation spoliation-of-evidence |
Whether federal courts may grant an adverse inference as a sanction for negligent spoliation of evidence, as the Second, Sixth, and D.C. Circuits have… |
| 20-591 |
Daniel Greer, Rabbi, et al. v. Eliyahu Mirlis |
Second Circuit |
2020-11-03 |
Denied |
Response Waived |
adverse-inference civil-procedure civil-rights due-process evidentiary-inference fifth-amendment privilege self-incrimination |
1. What factors determine whether an adverse inference may be drawn against a party to a civil action following the party's invocation of the Fifth Am… |
| 18-7812 |
Raheem Wilcox v. New Jersey |
New Jersey |
2019-02-07 |
Denied |
Response WaivedIFP |
adverse-inference adverse-inference-charge civil-rights criminal-procedure criminal-procedure-discovery-rule-3:13-3 discovery discovery-rule due-process evidence new-trial-factual-predicate new-trial-standard post-conviction-relief pre-indictment-destruction pre-indictment-destruction-of-evidence retroactive-application teague-v-lane |
The question in the case is whether, the New Jersey Supreme Court's decision in State v. W.B that clarified discovery rule 3:13-3, holding that the pr… |