| 25A872 |
Djavon Holland v. United States |
Third Circuit |
2026-02-03 |
Application |
|
appellate-counsel due-process ineffective-assistance pro-se-representation self-representation sixth-amendment |
Question not identified. |
| 25-6347 |
Jim Lundi v. United States |
Eleventh Circuit |
2025-12-12 |
Denied |
Response WaivedIFP |
appellate-counsel conflict-of-interest direct-appeal ineffective-assistance plea-colloquy waiver-of-counsel |
1.) Whether Nu appointment of Coun Se | who labors
\wh eres \S o bust ok. Aescrehiow 2
——Aypetlate Counsels fale '
2.)\whedher \ mdi' Dlea colloquy e… |
| 25-6204 |
Brian N. Terry v. Oklahoma |
Oklahoma |
2025-11-24 |
Denied |
IFP |
appellate-counsel constitutional-rights due-process fifth-amendment fourth-amendment search-and-seizure |
This case involves a serious of important question about fair warning to United States citizens of a collateral and direct Fourth, Fifth, Sixth, and F… |
| 25-6175 |
Luis Fernando Puente v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-11-20 |
Denied |
IFP |
appellate-counsel fifth-circuit ineffective-assistance reasonable-expectation-privacy state-law supreme-court-precedent |
1. THE FIFTH CIRCUIT AND THE U.S.D.C'S DECISION THAT A MANDATORY REQUIRED PIECE OF THE REPORTER'S RECORD THAT IS MISSING IS AN ISSUE OF STATE LAW AND … |
| 25-6084 |
Paul Gregory Perry v. Robert Van Gorder, Warden |
North Carolina |
2025-11-12 |
Denied |
IFP |
appellate-counsel constitutional-law criminal-procedure due-process habeas-corpus sixth-amendment |
1) Whether "Carpenter 222. ters" hralding i ratzaac hive ta Renton S Whee Convictiansand. Sentence 5 xele
2) jae Phar-capppellate counsel. tua je Fle… |
| 25-5705 |
Jua Smith v. Delta Barometre, Superintendent, Otisville Correctional Facility |
Second Circuit |
2025-09-23 |
Denied |
IFP |
appellate-counsel counsel-disclosure habeas-corpus ineffective-assistance procedural-default writ-authorization |
a. Whether petitioner is entitled to have his habeas corpus petition disregarded if habeas counsel was not acting on behalf of the petitioner; and fai… |
| 24-7389 |
Nathan Ray Foreman v. Texas |
Texas |
2025-06-10 |
Denied |
IFP |
appellate-counsel constitutional-rights due-process habeas-corpus ineffective-assistance jury-misconduct |
The investigation and presentation of a motion for new trial after a jury convicts a Defendant is a critical stage of the appellate process. The quest… |
| 24-7378 |
Margarita Leanos v. Allen Dills, Warden |
Georgia |
2025-06-06 |
Denied |
IFP |
appellate-counsel constitutional-challenge discriminatory-evidence gang-membership ineffective-assistance witness-testimony |
I WAS IT INEFFECTIVE ASSISTANCE OF COUNSEL OF APPELLATE COUNSELS FAILURE TO ARGUE THAT TRIAL COUNSEL WAS INEFFECTIVE FOR FAILURE TO ARGUE THE ADMISSIO… |
| 24-821 |
Richard L. Lewis v. Brian Emig, Warden, et al. |
Third Circuit |
2025-02-03 |
Denied |
|
appellate-counsel constitutional-challenge direct-appeal evidence-suppression fourth-amendment ineffective-assistance |
At trial, Mr. Lewis argued that certain key evidence should be suppressed because it was obtained in violation of the Fourth Amendment. The trial cour… |
| 24-760 |
Ryan T. Thornton v. Circuit Court of Wisconsin, Racine County |
Wisconsin |
2025-01-16 |
Denied |
Response Waived |
appellate-counsel habeas-corpus ineffective-assistance procedural-error supreme-court-review writ-of-certiorari |
1. Did the United States Supreme Court err by-
denying RYAN 's 2023AP769CR 1/16/2024 Writ Of
Certiorari (USSC Filing Number 23-898) on
3/25/2024?
… |
| 24-748 |
John Xavier Portillo v. United States |
Fifth Circuit |
2025-01-14 |
Denied |
Response WaivedRelisted (2) |
appellate-counsel constitutional-claim ineffective-assistance legal-error procedural-review strickland-standard |
When a defendant claims ineffective assistance of appellate counsel for failing to pursue an issue on appeal and appellate counsel acknowledges that t… |
| 24A439 |
John Xavier Portillo v. United States |
Fifth Circuit |
2024-11-01 |
Presumed Complete |
|
appellate-counsel bureau-of-prisons constitutional-standard ineffective-assistance prejudice writ-of-certiorari |
The question presented to this Court will relate to the proper standard to be used to evaluate prejudice when a Defendant alleges his appellate counse… |
| 24-5066 |
Lynual McElroy v. Oklahoma |
Oklahoma |
2024-07-12 |
Denied |
IFP |
14th-amendment 6th-amendment appellate-counsel constitutional-amendment constitutional-claims criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel public-defender speedy-trial |
1- Does l8 U-S.C.A. § 3161, [speedy trial], apply to all state(s) within the Union, through the United States Constitution, Article III, cl. 2, § 3 an… |
| 24-5047 |
Pedro Terrazas v. Illinois |
Illinois |
2024-07-10 |
Denied |
Response WaivedIFP |
appellate-counsel constitutional-error criminal-procedure due-process ineffective-assistance-of-counsel jury-prejudice jury-selection plain-error rule-431b trial-court-error |
Was Defendant 'Prejudiced' And Denied His Constitutional Right To The Effective Assistance Of Appellate Counsel On [Direct-Appeal] For Failing To Rais… |
| 23A1176 |
Sadick Edusei Kissi v. United States |
Second Circuit |
2024-07-02 |
Presumed Complete |
|
appellate-counsel criminal-justice-act petition-for-certiorari solo-practitioner time-extension workload-constraints |
Whether Article III of the U.S. Constitution precludes federal courts of appeals from issuing "non-precedential" decisions to resolve contested appell… |
| 23-7567 |
Michael David Carruth v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2024-05-28 |
Denied |
IFP |
alabama appellate-counsel constitutional-right criminal-procedure death-penalty exhaustion ineffective-assistance procedural-bar right-to-counsel state-procedure writ-of-certiorari |
When a state by statute or rule imposes a duty upon appellate counsel for the defendant-appellant in a criminal case to file a petition for a writ of … |
| 23-7039 |
Everett Dale Webb v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-03-20 |
Denied |
IFP |
appeals appellate-counsel constitutional-right constitutional-rights double-jeopardy due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-exhaustion procedural-default |
1. Whether the court of appeals erred in concluding that Petitioner's
double jeopardy claim was unexhausted or procedurally defaulted?
2. Whether the… |
| 23-6955 |
Donald Kissner v. Michigan |
Michigan |
2024-03-11 |
Denied |
IFP |
appellate-counsel appellate-procedure civil-rights communication-breakdown constitutional-rights criminal-procedure due-process habeas-corpus judicial-review right-to-counsel right-to-present-defense |
WAS MR. KISSNERS STATE AND FEDERAL
COMSTZTUTIONAL BLGHTS 70 EFF ECTLVE
Con STANCE OF APPOINTED APPELLATE
yy El. WHERE THE WAS A BREAKDOWN
COMMUNEICATL… |
| 23-5124 |
Quincetta Yvonne Cargill, aka Queen, aka Tonya, aka Angela Scott, aka Antela Scott, aka QuincetTucker, aka Quincetta Tucker v. United States |
Eleventh Circuit |
2023-07-18 |
Denied |
Response WaivedIFP |
appeal appellate-counsel appellate-procedure civil-rights direct-appeal due-process eleventh-circuit ineffective-assistance ineffective-assistance-of-counsel judicial-proceedings petition-for-rehearing right-to-counsel |
Where the defendant-appellant acted prose at trial prosecuting several viable issues for appeal, does the exclusion of the appellant's opinions, reque… |
| 22-7481 |
Anthony Allen v. Illinois |
Illinois |
2023-05-08 |
Denied |
Response WaivedIFP |
appellate-counsel appellate-representation cause-and-prejudice constitutional-challenge constitutional-sentencing ineffective-assistance smith-vs-bailey substantive-law successive-petition |
I. Whether appointed Appellate Counsel's missapprehended the .law and facts by failure to
brief and raise the following issues on appeal constitutes … |
| 22-7399 |
John Robert Murphy v. Texas |
Texas |
2023-04-28 |
Denied |
IFP |
appellate-counsel due-process habeas-corpus ineffective-assistance-of-counsel recusal trial-court |
Whether a habeas applicant is denied a fair trial in a fair tribunal in violation of the Due Process Clause of the Fourteenth Amendment when he files … |
| 22-6942 |
Kwame Burrell v. Willis Chapman, Acting Warden |
Sixth Circuit |
2023-03-06 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment appellate-counsel appellate-procedure constitutional-rights due-process guilty-plea judicial-discretion right-to-counsel state-constitution |
THE TRIAL COURT FAILED TO PROTECT PETITIONER'S FUNDAMENTAL DUE PROCESS RIGHT TO SUBSTITUTE APPELLATE COUNSEL SUBSEQUENT TO HIS GUILTY PLEA WHEN ORIGIN… |
| 22-6671 |
Rodney P. Mazzulla v. United States |
Eighth Circuit |
2023-02-01 |
Denied |
Response WaivedIFP |
appellate-counsel appellate-procedure criminal-procedure due-process franks-hearing Franks-v-Delaware ineffective-assistance reasonable-performance search-warrant Strickland-v-Washington |
I. Does trial counsel render ineffective assistance when counsel fails to request a mid-trial Franks v. Delaware, 438 U.S. 154 (1978) hearing when the… |
| 22-5899 |
Dave V. Merritt v. Tennessee |
Tennessee |
2022-10-26 |
Denied |
Response WaivedIFP |
appellate-counsel conflict-of-interest due-process equal-protection griffin-v-illinois ineffective-assistance post-conviction-relief ross-v-moffitt |
I.) WHETHER SHINN V RAMIREZ 'S HOLDING
PETITIONER "AT FAULT " FOR POST
CONVICTION COUNSEL 'S APPELLATE
ERRORS GIVE INDIGENT POST-CONVICTION
APPELL… |
| 22-5790 |
David Delva v. United States |
Second Circuit |
2022-10-07 |
Denied |
Response WaivedIFP |
appellate-counsel due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel precedent section-2255 sua-sponte warrantless-seizure |
Did the Court of Appeals err in denying Petitioner's COA claim; whether a reasonable jurist would debate if appellate counsel was ineffective for fail… |
| 22-5125 |
Mark A. Hill v. Ohio |
Ohio |
2022-07-19 |
Denied |
IFP |
26(B)-application appellate-counsel conflict-of-interest due-process fundamental-fairness ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense plain-error post-conviction-relief procedural-due-process transcript |
1. Whether the 26(B) application for reopening proceeding was adequate and
fundamentally fair in order to determine if appellate counsel was deficien… |
| 21-7811 |
Kushawn Miles-El, aka Kushawn S. Miles v. Michigan |
Michigan |
2022-05-09 |
Denied |
IFP |
appellate-counsel constitutional-error constitutional-errors court-transcripts due-process ineffective-assistance ineffective-assistance-of-counsel right-to-appeal structural-errors transcripts |
WHETHER PETITIONER S DIRECT APPEAL AS OF RIGHT SHOULD RE REINSTATED
BECAUSE HIS DIRECT APPEAL WAS NOT ADJUDICATED IN ACCORDANCE WITH THE
DUE PROCESS… |
| 21-7607 |
Devunaire Damorea Sims v. Michigan |
Michigan |
2022-04-13 |
Denied |
IFP |
appellate-counsel due-process effective-assistance-of-counsel evidentiary-hearing fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-hearing sixth-amendment |
I. Did the Michigan Supreme Court err in denying this issue when Petitioner was denied his Sixth Amendment right to the effective assistance of counse… |
| 21-7561 |
Ana Duarte-Pineda v. United States |
Fourth Circuit |
2022-04-06 |
Denied |
Response WaivedIFP |
appellate-counsel appellate-review conflict-of-interest criminal-procedure due-process indigent-defendant ineffective-assistance pro-se-response sixth-amendment sua-sponte-replacement |
If an indigent criminal defendant's pro se response to a brief filed under Anders v. California, 386 U.S. 738 (1967), alleges ineffective assistance o… |
| 21-6932 |
Joshua Dixon v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-01-20 |
Denied |
Response WaivedIFP |
appellate-counsel criminal-procedure federal-review ineffective-assistance-of-counsel state-court-findings sufficiency-of-evidence |
I In Florida, e criminal defendant hes a first
eppecl as a matter of c:qht and t
theappointment
of counsel for said oppeal. under Floridd case law a
s… |
| 21-6901 |
Wilbert Mathes v. United States |
Fifth Circuit |
2022-01-18 |
Denied |
Response WaivedIFP |
appellate-counsel certificate-of-appealability criminal-procedure drug-quantity drug-quantity-enhancement evidentiary-hearing fifth-circuit ineffective-assistance ineffective-assistance-of-counsel leadership-enhancement sentencing sentencing-errors |
Whether the Fifth Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion by conclud… |
| 21-6673 |
John Beatty v. Ohio |
Ohio |
2021-12-20 |
Denied |
IFP |
appellate-counsel appellate-procedure constitutional-rights criminal-jurisdiction due-process evitts-v-lucey ineffective-assistance ineffective-assistance-of-counsel smith-v-murray strickland-standard strickland-v-washington |
Is the standards set forth in Smith v. Murray, 536 (1986) and Evitts v. Lucey, 469 U.S. 387, 396 (1985) the appropriate test for appellate counsel's p… |
| 21-5943 |
Brandon Ward v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-10-12 |
Denied |
IFP |
28-usc-2253 appellate-counsel certificate-of-appealability character-evidence ineffective-assistance ineffective-assistance-of-counsel trial-counsel use-of-force witness-testimony |
1. Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his trial … |
| 21-5378 |
Anthony Kirkland v. Ohio |
Ohio |
2021-08-16 |
Denied |
IFP |
appellate-counsel appellate-procedure capital-punishment constitutional-rights due-process eighth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct |
I. Is a capital sentence invalid, and imposed in violation of the capital defendant's constitutional rights, when during the final closing argument ad… |
| 21-5295 |
Anthony D. Jones v. Michelle Floyd, Warden |
Sixth Circuit |
2021-08-04 |
Denied |
Response WaivedIFP |
administrative-law appellate-counsel civil-rights constitutional-rights due-process equal-protection ineffective-assistance jurisdiction legal-representation sixth-amendment standing |
Question not identified. |
| 21-5276 |
William H. Bransford v. Dan Winkelski, Warden |
Seventh Circuit |
2021-08-03 |
Denied |
Response WaivedIFP |
aedpa-standard appellate-counsel civil-commitment dna-evidence due-process habeas-corpus indigent-defendant ineffective-assistance ineffective-assistance-of-counsel plea-bargaining |
1. Should pre-A-EDP-A standard of a 2.8 4-.§2254 petition apply when an indigent defendant has been U.S.C. constructively abandoned by appointed appel… |
| 21-5239 |
Kevin A. Craig v. O'Bell T. Winn, Warden |
Sixth Circuit |
2021-07-28 |
Denied |
Response WaivedIFP |
appellate-counsel certificate-of-appealability district-court due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review sixth-circuit sixth-circuit-court-of-appeals trial-counsel |
Did the sixth circuit court of appeals clearly err in its denial of petitioner's request for a certificate of appealability, when it assessed petition… |
| 21-5206 |
S. J., Mother of A. C. and A. W., Each a Minor Child v. Department of Children and Families |
Florida |
2021-07-23 |
Denied |
Response WaivedIFP |
appellate-counsel civil-procedure due-process equal-protection indigent indigent-representation meaningful-review parental-rights |
Whether an indigent Mother whose parental rights are terminated is denied equal protection and due process of law when an appointed appellate counsel … |
| 20-8408 |
Scott R. Deichsel v. Lizzie Tegels, Warden |
Seventh Circuit |
2021-06-23 |
Denied |
Response WaivedIFP |
appellate-counsel certificate-of-appealability denial-of-constitutional-rights due-process federal-constitutional-right federal-constitutional-rights ineffective-assistance-of-counsel plea-colloquy state-law |
1. This Court should grant review to determine whether and in what circumstances such a Certificate of Appealabilty issued can be vacated.
2. This Co… |
| 20-7918 |
Jasper Pollini v. Amy Robey, Warden |
Sixth Circuit |
2021-05-04 |
Denied |
Response WaivedIFP |
appellate-counsel habeas-corpus harmless-error ineffective-assistance ineffective-assistance-of-counsel lockhart-v-fretwell sixth-amendment sixth-circuit-review smith-v-robbins strickland-standard strickland-v-washington |
1. Whether Lockhart v. Fretwell's suggestion that "mere outcome determination" is not sufficient to establish prejudice under Strickland v. Washington… |
| 20-1371 |
Bart Posey, Sr. v. United States |
Sixth Circuit |
2021-03-31 |
Denied |
Response Waived |
appeal appellate-counsel constitutional-right criminal-procedure due-process duty-to-consult habeas-corpus ineffective-assistance right-to-counsel |
1. Whether the duty to consult about an appeal requires the effective assistance of counsel. |
| 20-1245 |
Pedro Vasquez v. Massachusetts |
Massachusetts |
2021-03-09 |
Denied |
Response Waived |
appellate-counsel contract-obligations contracts-clause criminal-procedure due-process equal-protection fee-advancement impairment indigent-defense sixth-amendment |
1. Whether the Massachusetts Supreme Judicial Court impaired the obligation of a contract in contravention of Article I, sec. 10, cl. 1 of the U.S. Co… |
| 20-7035 |
Rondell Slaughter v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. |
Third Circuit |
2021-02-04 |
Denied |
Response WaivedIFP |
appellate-counsel criminal-procedure error exhaustion ineffective-assistance legal-concession oral-argument procedural-exhaustion state-court state-court-pleading |
I. Whether a claim of ineffective assistance of appellate counsel is exhausted when the state-court pleading asserted that appellate counsel rendered … |
| 20-6836 |
Julian P. Gutierrez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-01-11 |
Denied |
IFP |
appellate-counsel appellate-review criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel |
Whether the Petitioner received Effective Assistance of Counsel as guaranteed by the Sixth Amendment to the United States Constitution, viz.:
a. Whet… |
| 20-707 |
Duane Joseph Johnson v. Eric D. Wilson, Warden |
District of Columbia |
2020-11-23 |
Denied |
Response WaivedRelisted (2) |
appellate-counsel brady-standard brady-v-maryland due-process habeas habeas-corpus ineffective-assistance preponderance-standard strickland-standard strickland-v-washington |
1. Must a habeas petitioner asserting ineffective assistance of appellate counsel establish by a preponderance that counsel's omitted argument was mer… |
| 20-5856 |
Alimamy Barrie v. Matthew M. Robinson |
Fourth Circuit |
2020-10-01 |
Denied |
IFP |
appellate-counsel civil-rights constitutional-rights due-process federal-court habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief procedural-rules strickland-v-washington |
Whether an Omission by habeas Counsel for Failing to Include a
Supporting fact that Appellate Counsel was Ineffective, after
Petitioner Specifically r… |
| 20-368 |
Eric Christopher Hall v. United States |
Fourth Circuit |
2020-09-23 |
Denied |
Response Waived |
5th-amendment appellate-counsel constructive-possession contraband due-process fifth-amendment intent physical-evidence presentence-report residence |
I. Does constructive possession established without
showing intent or any physical evidence linking
defendant to contraband found in a storage bedroom… |
| 20-5736 |
David P. Moran v. Florida |
Florida |
2020-09-17 |
Denied |
Response WaivedIFP |
anders-brief appellate-counsel fla-r-app-p-9-141(d) habeas-corpus ineffective-assistance merits-review pro-se-litigant standing writ-of-review |
Does the United States Supreme Court have the authority to review the underlying merits of an issue when the action being challenged is a petition for… |
| 20-5524 |
Ranau D. Johnson v. Ohio |
Ohio |
2020-08-26 |
Denied |
Response WaivedIFP |
appeal appellate-counsel appellate-procedure constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel ohio-appellate-rule sixth-amendment unit-of-prosecution |
Can the State Court deprive the Appellant the fundamental right to effective assistance of Appellate Counsel by denying an Appellant/Defendant the opp… |
| 20-5448 |
Antonio Williams v. William J. Pollard, Warden |
Seventh Circuit |
2020-08-21 |
Denied |
Response WaivedIFP |
aedpa-standards antiterrorism-and-effective-death-penalty-act appellate-counsel certificate-of-appealability constitutional-rights effective-assistance-of-counsel habeas-corpus habeas-relief ineffective-assistance interest-of-justice newly-discovered-evidence |
1. Whether federal courts should or must consider the
restrictive standards for granting habaes relief under
the Antiterrorism and Effective Death P… |
| 20-5349 |
In Re Daryl L. Zimmer |
|
2020-08-13 |
Denied |
Response WaivedIFP |
appellate-counsel due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum plea-agreement plea-bargain sentencing-guidelines |
THE TRIAL COURT DENIED PETITIONER DUE PROCESS AND EQUAL PROTECTION OF THE LAW RIGHTS WHEN THE TRIAL COURT HAVING FULL KNOWLEDGE THAT PETITIONER PLED G… |
| 20-5192 |
Scott Allan Moser v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-07-31 |
Denied |
IFP |
appellate-counsel federal-rules-of-criminal-procedure habeas-corpus ineffective-assistance-of-counsel invited-error-doctrine martinez-framework martinez-v-ryan procedural-default sixth-amendment |
Under the Sixth Amendment, are procedurally defaulted claims of ineffective assistance of appellate counsel excusable under the framework established … |
| 19-8880 |
David Harman v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility |
Seventh Circuit |
2020-07-02 |
Denied |
Response WaivedIFP |
14th-amendment amendment-rights appellate-counsel constitutional-violation counsel-opportunity due-process ineffective-assistance offer-of-proof reversal-error state-of-indiana trial-counsel |
GROUND ONE: Whether the State of Indiana denied Harman's due process right under the 14th Amendment to the United States Constitution committing rever… |
| 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… |
| 19-8297 |
Leif O'Connell v. Dushan Zatecky |
Seventh Circuit |
2020-04-19 |
Denied |
Response WaivedIFP |
appellate-counsel appellate-procedure constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance insanity-defense plea-bargaining prosecutorial-misconduct sixth-amendment |
(Issue added by the State Attorney General on Appeal not heard in post conviction court used to affirm appeal failing to address the claims below). Th… |
| 19-7967 |
Kenneth Durant v. Frank Lawrence, Warden |
Seventh Circuit |
2020-03-11 |
Denied |
Response WaivedIFP |
access-to-courts appellate-counsel appellate-procedure constitutional-rights filing-deadlines habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-remedy procedural-due-process right-to-counsel tolling |
o -K / r i a I -PQch!
C\\o^h\ '+°
3. Tke a4<rte 5 reboiM 4 \os>I Assistance C ounS-C ;_L-ne i\/f
-Pa \ r 4r (1 a.
arG^y^^en 4~D
i^e-rPtsc' hv/«ApptelU… |
| 19-7712 |
Luis Ray Jaramillo, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-02-20 |
Denied |
IFP |
appeal appellate-counsel competence due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargain probation probation-revocation prosecutorial-misconduct sixth-amendment trial-counsel |
1. Where Petitioner's state-trial court counsel did not pursue Petitioner's wishes, commands, and orders to file a second-perfected-appeal after Petit… |
| 19-7621 |
Allanah Benton v. Shawn Brewer, Warden |
Sixth Circuit |
2020-02-10 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-counsel appellate-procedure constitutional-law constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel ineffective-assistance-of-counsel right-to-counsel sixth-amendment trial-counsel |
DID THE STATE AND FEDERAL COURTS VIOLATE MS. BENTON'S RIGHT TO EFFECTIVE ASSISTANCE OF TRIAL AND APPELLATE COUNSELS IN VIOLATION OF U.S. CONSTITUTIONA… |
| 19-7377 |
Gerald Adger v. New York |
New York |
2020-01-23 |
Denied |
Response WaivedIFP |
6th-amendment appeal appellate-counsel conflict-of-interest criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel legal-argument procedural-error right-to-counsel trial-counsel weight-of-evidence |
1. WAS THE APPELLATE ATTORNEY DAVID R. JUERGENS INEFFECTIVE ASSISTANCE OF COUNSEL FOR NOT RAISING ANY LEGAL ARGUMENT AGAINST THE WEIGHT OF EVIDENCE?
… |
| 19-7170 |
Dante Taylor v. New York |
New York |
2020-01-06 |
Denied |
Response WaivedIFP |
appellate-counsel appellate-procedure appellate-review carpenter-v-united-states constitutional-law constitutional-ruling due-process fourth-amendment griffith-v-kentucky ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel retroactive-application retroactivity supremacy-clause supreme-court-precedent |
Q1. What is the appropriate appellate protocol for appellate counsel to follow when: (i) the Supreme Court has issued a new constitutional ruling affe… |
| 19-6204 |
James Michael Biela v. Nevada |
Nevada |
2019-10-08 |
Denied |
IFP |
appellate-counsel appellate-procedure constitutional-amendments due-process fourteenth-amendment impartial-jury ineffective-assistance-of-counsel jury-impartiality jury-selection sixth-amendment standard-of-review |
1. Whether the Nevada Supreme Court committed error when it applied the wrong standard in failing to grant Mr. Biela relief based upon an unfair and i… |
| 19-6160 |
Reggie D. Caswell v. New York |
New York |
2019-10-03 |
Denied |
Response WaivedRelisted (2)IFP |
administrative-law appellate-counsel civil-procedure civil-rights constitutional-rights due-process federal-jurisdiction fourteenth-amendment pro-se-appeal sixth-amendment standing |
POINT I
WAS APPELLANT DEPRIVED OF THE RIGHT TO APPELLATE COUNSEL
WHEN
THERE WAS NO KNOWINGLY, INTELLIGENTLY AND VOLUNTARY
WAIVER OF THE RIGHT TO ASSIG… |
| 19-6045 |
Scott H. Summerhays v. United States |
Ninth Circuit |
2019-09-24 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-counsel change-of-plea criminal-procedure critical-stage effective-assistance-of-counsel faretta faretta-waiver ineffective-assistance right-to-counsel sixth-amendment waiver |
1. Does a criminal defendant have a right under the Sixth Amendment to reassert his right to counsel at a critical stage (a change of plea hearing) af… |
| 19-5791 |
Marcus Jackson v. Vance Laughlin, Warden, et al. |
Georgia |
2019-09-03 |
Denied |
Response WaivedIFP |
appellate-counsel appellate-review discretionary-relief discretionary-review error-of-law habeas-corpus ineffective-assistance-of-counsel irrational-strategy legal-sufficiency sixth-amendment state-appeals sufficiency-of-evidence thirteenth-juror thirteenth-juror-review |
Did the Georgia courts err by refusing to remedy appellate counsel's professionally deficient, and prejudicial, waiver of a claim for discretionary re… |
| 19-5775 |
Richard James Soldan v. Michigan |
Michigan |
2019-09-03 |
Denied |
IFP |
anders-brief anders-procedure appellate-counsel appellate-review court-appointed-counsel criminal-procedure due-process first-tier-review indigent-defendant michigan-court-of-appeals michigan-procedure plea-bargaining right-to-counsel |
MAY THE TRIAL COURT REFUSE TO APPFOINT SUSTITUTE APPELLATE COUNSEL TO AN INDIGENT DEFENDANT CONVICTED ON HIS PLEA WHO SEEKS ACCESS TO FIRST TIER REVIE… |
| 19-5695 |
Riodejuonerol Hudson v. Charles Bradley, Warden |
Sixth Circuit |
2019-08-23 |
Denied |
Response WaivedIFP |
aedpa aedpa-deference appellate-counsel appellate-procedure complete-defense due-process fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction sixth-amendment standard-of-review |
I. Ohio has a two step procedure under Ohio App R 26 when one claims the ineffective assistance of appellate counsel. First, there must be a timely "a… |
| 19-5588 |
Luis Ordonez-Vega v. United States |
Fourth Circuit |
2019-08-14 |
Denied |
Response WaivedIFP |
appeal appellate-counsel civil-rights conflict-of-interest criminal-procedure due-process inadequate-representation-of-counsel ineffective-assistance ineffective-assistance-of-counsel merit-review section-2255 waive waiver |
DID CONFLICT OF INTEREST ARISE WHEN APPELLATE COUNSEL'S FAILED TO RAISE NON-FRIVOLOUS MERIT(S) "INEFFECTIVE ASSISTANCE OF COUNSEL" ON DEFENDANT'S FIRS… |
| 19-87 |
Jerome Burgess v. Phil Hall, Warden |
Georgia |
2019-07-17 |
Denied |
Response Waived |
appellate-counsel brady-v-maryland brady-violation criminal-appeal exculpatory-evidence georgia-supreme-court ineffective-assistance mental-competency plea-bargaining strickland-standard strickland-v-washington |
1. Did the Georgia Supreme Court err in failing to find
that Petitioner's appellate counsel provided ineffective
assistance by failing to argue on a… |
| 18-9190 |
Parnell Smith v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Florida |
2019-05-08 |
Denied |
Relisted (2)IFP |
appellate-counsel appellate-procedure court-appointed-counsel direct-appeal due-process equal-protection habeas-corpus ineffective-assistance-of-counsel summary-denial unlawful-imprisonment |
WHETHER REVIEW SHOULD BE GRANTED BECAUSE STATE COURT'S SUMMARY DENIAL OF PETITION FOR WRIT OF HABEAS CORPUS, SEEKING BELATED DIRECT APPEAL OR REINSTAT… |
| 18-9151 |
Blake Joseph Sandlain v. United States |
Sixth Circuit |
2019-05-06 |
Denied |
Response WaivedIFP |
6th-amendment appellate-counsel capital-punishment criminal-procedure effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel prejudice successive-petition |
Question not identified. |
| 18-9088 |
Charles W. Gray v. Indiana |
Indiana |
2019-05-02 |
Denied |
IFP |
appellate-counsel constitutional-rights due-process fifth-amendment fourteenth-amendment indiana-constitution ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
Whether the State of Indiana has erred whether Petitioner received ineffective assistance of counsel in violation of his the Fifth, Sixth, and Fourtee… |
| 18-9042 |
Kingy Ossarius Holden v. United States |
Eleventh Circuit |
2019-05-01 |
Denied |
Response WaivedIFP |
4th-amendment 6th-amendment appellate-counsel criminal-procedure due-process ineffective-assistance-of-counsel newly-discovered-evidence search-and-seizure |
THE DISTRICT COURT ERRED IN DENYING APPELLANT'S CLAIM THAT HIS CONVICTION WAS OBTAINED BY THE USE OF EVIDENCE PURSUANT TO AN UNCONSTITUTIONAL SEARCH A… |
| 18-8895 |
Kevin Watkins v. Massachusetts |
Massachusetts |
2019-04-18 |
Denied |
Response WaivedIFP |
appellate-counsel civil-rights conflicted-jurors conflicts-of-interest criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel jury-selection open-trial |
Is a defendant's right to an open trial violated when an attorney observing the trial and was asked to assist with defendant's appeal, was barred from… |
| 18-8556 |
Alimamy Barrie v. United States |
Fourth Circuit |
2019-03-26 |
Denied |
Response WaivedIFP |
28-usc-2255 amendment-doctrine appellate-counsel habeas-corpus ineffective-assistance-of-counsel mayle-v-felix relate-back-doctrine |
Whether the Relate Back doctrine announced in Mayle v. Felix, 545 U.S 644, 664 (2005) allow for an amended motion to relate back to an original claim … |
| 18-8510 |
Travis Thaniel v. Maryland |
Maryland |
2019-03-21 |
Denied |
Response WaivedIFP |
appellate-counsel criminal-procedure direct-appeal due-process federal-law ineffective-assistance ineffective-assistance-of-counsel retroactivity right-to-be-present right-to-presence state-law trial-counsel weaver-retroactivity weaver-v-massachusetts |
1. DOES THE FEDERAL' L'AW OF WEAVER V. MASSACHUSETTS, 137 S.Ct. 1899 (2017);
HAVE RETROACTIVE APPLICATION IN THE STATE OF MARYL'AND?
2. DOES A TRIAL!… |
| 18-8072 |
John J. Wilson v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2019-02-21 |
Denied |
IFP |
14th-amendment 1st-amendment 5th-amendment 6th-amendment access-to-courts appellate-counsel constitutional-violation criminal-procedure discretionary-review due-process pro-se-representation sixth-amendment transcripts |
(1) Can appellate counsel be denied, forcing a criminal defendant to represent himself in a direct appeal to the state district courts of appeal?
Wou… |
| 18-7736 |
Robert Davis v. New York |
New York |
2019-02-04 |
Denied |
Response WaivedIFP |
appeal appellate-counsel criminal-appeal due-process ineffective-assistance legal-review procedural-due-process questions-of-fact questions-of-law standing state-court state-court-review |
Did the State's highest court fail to lawfully review the questions of law in Petitioner's application prior to denying him permission to appeal his c… |
| 18-7716 |
Jesse Ingram, Jr. v. United States |
Eleventh Circuit |
2019-02-01 |
Denied |
Response WaivedIFP |
3553(a)-factors 5th-amendment appeal appellate-counsel constitutional-violation criminal-procedure due-process fifth-amendment ineffective-assistance-of-counsel retroactive-review retroactivity sentencing sentencing-guidelines statutory-interpretation |
1). Is it a Fifth Amendment violation when Petitioners are sentenced to a higher guidline sentence when 18 U.S.C. statute 3553(A) warrants a below gui… |
| 18-7657 |
Devi Smith v. Patrick Warren, Warden |
Sixth Circuit |
2019-01-31 |
Denied |
Response WaivedIFP |
appellate-counsel appellate-procedure criminal-trial defense-counsel defense-witnesses direct-review effective-assistance-of-counsel ineffective-assistance-of-counsel sixth-amendment trial |
WAS THE PETITIONER DEPRIVED OF HIS SIXTH AMENDMENT RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL AT TRIAL WHERE DEFENSE COUNSEL FAILED TO CALL CRITICAL… |
| 18-7545 |
Briand Williams v. California |
California |
2019-01-24 |
Dismissed |
Response WaivedIFP |
appellate-counsel due-process equal-protection plea-bargain right-to-counsel statute-of-limitations 14th-amendment 6th-amendment appellate-counsel due-process equal-protection ineffective-assistance plea-bargain record statute-of-limitations strickland-standard strickland-v-washington |
When the Appointed Counsel on Direct appeal is a thorn to the perfection of that appeal and falls below the standard of Strickland vs. Washington (198… |
| 18-7544 |
Briand Williams v. California |
California |
2019-01-24 |
Dismissed |
Response WaivedIFP |
appellate-counsel appellate-procedure appellate-record due-process equal-protection ineffective-assistance plea-bargain prejudice statute-of-limitations strickland-standard |
When the Appointed Counsel on Direct appeal is a thorn to the perfection of that appeal and falls below the standard of Strickland vs. Washington (198… |
| 18-7278 |
Briand Williams v. California |
California |
2019-01-08 |
Denied |
Response WaivedIFP |
appellate-counsel due-process equal-protection plea-bargain record-on-appeal statute-of-limitations appellate-counsel appellate-record due-process equal-protection ineffective-assistance Ineffective-assistance-of-counsel plea-bargain sixth-amendment statute-of-limitations strickland-standard |
When the Appointed Counsel on Direct appeal is a thorn to the perfection of that appeal and falls below the standard of Strickland vs. Washington (198… |
| 18-7186 |
Corey Ian Weidner v. Jeri Taylor, Superintendent, Eastern Oregon Correctional Institution |
Ninth Circuit |
2018-12-27 |
Denied |
Response WaivedIFP |
appellate-counsel federal-habeas federal-habeas-corpus ineffective-assistance ineffective-assistance-of-counsel new-rule post-conviction-review state-law state-post-conviction-proceedings strickland-standard |
WHETHER, WHEN A STATE POST-CONVICTION COURT DECIDES THAT
COUNSEL DID NOT NEED TO TAKE SOME ACTION UNDER STATE LAW TO
BE EFFECTIVE, THE STATE COURT DEC… |
| 18-6558 |
Anthony James Merrick v. Arizona |
Arizona |
2018-11-02 |
Denied |
IFP |
appellate-counsel attorney-client-privilege constitutional-rights due-process effective-counsel evidence-exclusion false-testimony ineffective-assistance-of-counsel prosecutorial-misconduct right-to-testify trial-procedure |
1. Mr. Merrick alleged he was denied his constitutioncl right to testify in his trial in both the guilt and aggrauation phases. In the guilt phase, Mr… |
| 18-6467 |
Tyrone Pulley v. California |
California |
2018-10-29 |
Denied |
IFP |
appellate-counsel circuit-split habeas-corpus habeas-corpus-proceedings ineffective-assistance ineffective-assistance-of-counsel martinez-exception martinez-v-ryan procedural-default trevino-v-thaler |
Does the rule established in Martinez V. Ryan, 132 S.CT. 1309 (2012) and Trevino V. Thaler 133 S. CT 1911, 1921 (2013) that ineffective state appellat… |
| 18-6338 |
Briand Williams v. Superior Court of California, Los Angeles County, et al. |
California |
2018-10-16 |
Denied |
Response WaivedIFP |
appellate-counsel contract contract-law due-process equal-protection habeas-corpus jurisdiction jurisdictional-challenge plea-bargain statute-of-limitations |
Is a Plea Bargain Agreement in essence a contract between the defendant and the prosecutor on behalf of the StateRWA And if so, can the defendant be r… |
| 18-5855 |
Derrick Knight v. Julie L. Jones, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2018-08-31 |
Denied |
Response WaivedIFP |
appellate-counsel appellate-procedure brady-violation constitutional-rights effective-assistance effective-assistance-of-counsel ineffective-assistance-of-counsel judgment-of-acquittal motion-for-acquittal motion-for-new-trial withholding-evidence |
Was Petitioner denied his constitutional right to effective assistance of appellate counsel when his appellate counsel failed to raise an issue of tri… |
| 18-201 |
Parviz Montazer v. Parvin R. Montazer |
California |
2018-08-15 |
Denied |
|
appellate-counsel appellate-procedure civil-procedure conflict-of-interest constitutional-protections criminal-contempt criminal-procedure due-process indigent-defendant indigent-rights ineffective-assistance-of-counsel judicial-bias right-to-counsel sixth-amendment transcript-costs |
1. Is not an appellate court required to appoint counsel to an indigent in a criminal case? if so, is not an indigent appellant entitled to the cost o… |
| 18-5379 |
Marilyn Kaye Freeman v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation, et al. |
Ninth Circuit |
2018-07-27 |
Denied |
IFP |
appellate-counsel california-supreme-court due-process fair-trial habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-disqualification precedent state-court-proceedings supreme-court-review trial-counsel |
Whether reinstatement of a previously disqualified judge deprived appellant of due process and a fair trial?
Whether trial or appellate counsel rende… |
| 18-5103 |
Jeffery Day Rieber v. Alabama |
Alabama |
2018-07-03 |
Denied |
IFP |
appellate-counsel capital-sentencing eighth-amendment equal-protection ineffective-assistance judicial-override lesser-included-offense mitigating-evidence right-to-counsel sixth-amendment strickland-v-washington |
1. Did Mr. Rieber's trial counsel provide constitutionally ineffective assistance by failing to pursue a lesser included alternative defense and faili… |