| 18-8827 |
David McShan v. United States |
Sixth Circuit |
2019-04-15 |
Denied |
Response WaivedIFP |
berger-standard berger-v-united-states criminal-procedure due-process evidence evidence-fabrication jury-bias nelson-v-colorado presumption-of-innocence prosecutorial-misconduct sentencing trial-fairness |
I. Where the government's case against a defendant is extremely weak, does the prosecutor's persistent misconduct during trial by making improper insi… |
| 18-6524 |
Brian Thomas, aka O'Brian A. Thomas, aka Thomas A. O'Brian v. United States |
Fifth Circuit |
2018-10-31 |
Denied |
Response WaivedIFP |
appellate-standard berger-standard berger-v-united-states berger-v-us due-process fair-trial fifth-circuit harmless-error judicial-review jury-bias jury-misconduct procedural-violation prosecutorial-misconduct standard-of-review |
WHETHER THE FIFTH CIRCUIT COURTS VIOLATED BERGER V !JS AFTER IT CONCEDED THAT THE VIOLATIONS HAD OCCURED BUT DECIDING THAT IT WAS "IMPLAUSIBLE THAT IT… |
| 18-492 |
David Souza v. California |
California |
2018-10-17 |
Denied |
Response Waived |
berger-standard berger-v-united-states constitutional-rights due-process false-testimony fourteenth-amendment napue-v-illinois napue-violation preliminary-hearing pretrial-proceedings prosecutorial-misconduct |
Does it violate the Due Process Clause of the Fourteenth Amendment to the United States Constitution, the holding in Berger v. United States, 295 U.S.… |