burden-of-proof
694 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-7188 | Joseph Wuensch Ray v. Texas | Texas | 2026-04-14 | Pending | IFP | burden-of-proof criminal-procedure due-process fourteenth-amendment jury-unanimity sixth-amendment | Whether Texas Penal Code 21.02 violates theSSixth and Fourteenth Amendments right to an unanimous jury verdict and requires a burden of proof that i… |
| 25-6899 | Tracey L. Brown v. Aaron D. Ford, Attorney General of Nevada, et al. | Ninth Circuit | 2026-02-25 | Pending | Response RequestedResponse WaivedIFP | burden-of-proof confrontation-clause ex-parte-contact habeas-corpus jury-prejudice presumption-of-prejudice | 1. Did the Ninth Circuit Panel err in a federal habeas case where, following an ex parte contact during trial between multiple jurors and a key prosec… |
| 25-6897 | Jesse Fernando Perez v. United States | Fourth Circuit | 2026-02-24 | Denied | Response WaivedIFP | beyond-reasonable-doubt burden-of-proof federal-criminal-jurisdiction judicial-notice jurisdictional-element special-maritime-and-territorial-jurisdiction | Dozens of federal offenses require, as a jurisdictional element, that the offense be committed "within the special maritime and territorial jurisdicti… |
| 25-6839 | Eric Fru Nji, Wilson Nuyila Tita, and Wilson Che Fonguh v. United States | Fourth Circuit | 2026-02-18 | Denied | Response WaivedIFP | aiding-and-abetting burden-of-proof firearms-trafficking jury-instructions pinkerton-liability willful-blindness | Whether the district court and Fourth Circuit erred by allowing the jury to be instructed under a Pinkerton standard, a willful blindness instruction,… |
| 25-919 | Union Carbide Corporation, et al. v. Lee Ann Sommerville | Fourth Circuit | 2026-02-04 | Pending | Amici (3) | admissibility burden-of-proof evidentiary-standard expert-witness federal-rules-of-evidence judicial-circuit-split | Whether, under Federal Rule of Evidence 702, challenges to the factual basis of an expert witness's testimony always go to the weight of the evidence … |
| 25-6469 | Charles Grim Rudolph v. United States | Eleventh Circuit | 2026-01-02 | Denied | Response WaivedIFP | burden-of-proof constructive-possession criminal-firearms-offense dominion-and-control felon-in-possession reasonable-doubt | In a prosecution for knowing possession of a firearm and ammunition by a convicted felon, does the government satisfy its burden of proof beyond a rea… |
| 25A738 | Gerald Kemondre Taylor v. United States | Fourth Circuit | 2025-12-22 | Application | arms-bearing-conduct bruen-test burden-of-proof historical-tradition machinegun-ban second-amendment | Question not identified. | |
| 25-6404 | JT Myore v. United States | Eighth Circuit | 2025-12-18 | Denied | Response WaivedIFP | burden-of-proof criminal-jury-instructions due-process homicide-prosecution lesser-included-offense voluntary-manslaughter | Under federal law, murder is defined as "the unlawful killing of a human being with malice aforethought." 18 U.S.C. § 1. Voluntary manslaughter is def… |
| 25-6397 | Mark Dyer v. United States | Sixth Circuit | 2025-12-18 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof conspiracy criminal-intent drug-distribution statutory-interpretation supreme-court-precedent | Whether a conspiracy conviction under 21 U.S.C. § 846 predicated on the § 841 unlawful distribution offense requires proof beyond a reasonable doubt t… |
| 25-684 | Malcolm Curtis, et ux. v. Department of the Treasury, et al. | Ninth Circuit | 2025-12-11 | Denied | Response Waived | burden-of-proof due-process equal-protection income-reporting judicial-presumption tax-law | Whether granting the IRS a judicial presumption of correctness violates due process and equal protection in a case where a taxpayer is accused of not … |
| 25-6341 | Selvin Edgardo Molina-Guzman v. United States | Fifth Circuit | 2025-12-11 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process judicial-discretion presentence-report sentencing | If a federal criminal defendant fails to present rebuttal evidence, is the district court is free to adopt the Presentence Report's findings without f… |
| 25-6132 | Wesley Mark Sudbury v. United States | Ninth Circuit | 2025-11-17 | Denied | Response WaivedIFP | burden-of-proof congressional-intent evidence-law fundamental-rights legal-procedure statutory-interpretation | 1. Whether a mandatory statute enacted by Congress to protect an important fundamental right titled Prohibition of use as evidence of intercepted wir… |
| 25-570 | Agilent Technologies, Inc. v. Synthego Corp. | Federal Circuit | 2025-11-13 | Denied | Response RequestedResponse WaivedRelisted (2) | anticipation burden-of-proof enablement patent-validity printed-publications prior-art | 1. Should printed publications be presumed to be enabling when a party challenging the validity of issued patent claims asserts that a printed publ… |
| 25-494 | Christopher A. Rogalski v. Pennsylvania Department of Education, et al. | Pennsylvania | 2025-10-22 | Denied | Response WaivedRelisted (2) | administrative-discipline burden-of-proof confrontation-rights due-process educators-rights first-amendment | 1. Do educators have the basic First Amendment right to communicate with their students free of a presumption that by doing so they are engaged in "… |
| 25-439 | Karl Tobien v. Nationwide General Insurance Company | Sixth Circuit | 2025-10-10 | Denied | affirmative-defense burden-of-proof civil-procedure legal-standard non-patent-case venue | Whether a defendant who raises the affirmative defense of improper venue in a non-patent case bears the burden of proving that venue is improper. | |
| 25-5851 | Christopher Lynn Johnson v. Pennsylvania | Pennsylvania | 2025-10-09 | Denied | IFP | burden-of-proof constitutional-error criminal-procedure due-process ineffective-assistance structural-error | Does an attorney's failure to object to unconstitutional instructions that relieve the Commonwealth of its burden of disproving an accused's defense b… |
| 25A389 | InfoDeli, LLC, a Missouri LLC, et al. v. Western Robidoux, Inc., a Missouri Corporation, et al. | Eighth Circuit | 2025-10-03 | Presumed Complete | burden-of-proof copyright-law expert-testimony pleading-standards saas-services software-copyright | This is an application for extension of time to file a petition for a writ of certiorari, not a petition containing a "Question(s) Presented" section … | |
| 25-5716 | Jesus Meraz-Ramirez v. United States | Fifth Circuit | 2025-09-24 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure felony-conviction immigration-law jury-trial sentencing-enhancement | Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 25-187 | Serafim Georgios Katergaris v. City of New York, New York | Second Circuit | 2025-08-15 | Denied | Response RequestedResponse WaivedRelisted (2) | burden-of-proof circuit-split evidentiary-presumption federal-rule-of-evidence mailbox-rule state-law-preemption | In 2021, Petitioner discovered that New York City had issued him a notice of violation in 2015. When he filed this lawsuit to challenge the constituti… |
| 25-5144 | Gregory Michael Hawes v. Seth Norris, Warden | Wyoming | 2025-07-17 | Denied | Response WaivedIFP | burden-of-proof circuit-split constitutional-rights criminal-procedure due-process mandatory-minimum | Whether this Court should resolve a 9'8 split amongst State Courts of Last Resort, when rulings, influenced by this Courts decisions, unconstitutional… |
| 25-5024 | Roy Glenn Reay v. Seth Norris, Warden | Wyoming | 2025-07-03 | Denied | Response WaivedIFP | burden-of-proof due-process fourteenth-amendment kidnapping-statute sentencing-enhancement sixth-amendment | The Wyoming Supreme Court has consistently decided an important federal question in a way that conflicts with the decision of other state courts of la… |
| 25-5002 | Juan Carlos Garridoaguilar v. California | California | 2025-07-01 | Denied | IFP | burden-of-proof criminal-procedure fourth-amendment search-and-seizure traffic-stop warrantless-search | A police officer recovered a firearm when he conducted a warrantless search of the passengers of a car stopped for a registration violation. Was it er… |
| 24-7493 | Christopher David Harrell v. Seth Norris, Warden | Wyoming | 2025-06-25 | Denied | Response WaivedIFP | burden-of-proof due-process fourteenth-amendment kidnapping-statute sentencing-enhancement sixth-amendment | The Wyoming Supreme Court has consistently decided an important federal question in a way that conflicts with the decision of other state courts of la… |
| 24-7439 | In Re Terron Dizzley | 2025-06-17 | Denied | Relisted (2)IFP | burden-of-proof criminal-trial double-jeopardy fifth-amendment judicial-discretion trial-court-jurisdiction | Did the trial court exceed its jurisdiction in violation of the Fifth Amendment's Double Jeopardy Clause by trying Mr. Dizzley a second time for the c… | |
| 24-7373 | Natnael Zemene v. Massachusetts | Massachusetts | 2025-06-06 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure double-jeopardy due-process fifth-amendment second-amendment | 1. Whether the Fifth Amendment's double jeopardy clause as interpreted by Burks v. United States, 437 U.S. 1, 18 (1978) protects an individual from a … |
| 24-1241 | Adam Kelnhofer v. United States | Armed Forces | 2025-06-05 | Denied | Response Waived | burden-of-proof constitutional-inference drug-testing due-process military-law scientific-evidence | Whether the inference allowing a trier of fact to find knowing use of a drug based solely on the presence of a metabolite in a defendant's body, even … |
| 24-7302 | Sterling Atkins, Jr. v. Jeremy Bean, Warden, et al. | Ninth Circuit | 2025-05-28 | Denied | IFP | burden-of-proof criminal-procedure due-process ineffective-assistance strickland-standard trial-counsel | 1. Can a claim of ineffective assistance of counsel be denied on the basis of an alleged failure to show what trial counsel did rather than what they … |
| 24-7289 | Fidel Saldana Rodriguez v. United States | Fifth Circuit | 2025-05-27 | Denied | Response WaivedIFP | appellate-review burden-of-proof criminal-conviction evidence-sufficiency inference-standard reasonable-doubt | Whether evidence that requires a series of inferences to reach an element of an offense, rather than showing the element directly or after a single in… |
| 24-7278 | Malik J. Moss v. United States | Third Circuit | 2025-05-22 | Denied | Response WaivedIFP | burden-of-proof constitutional-rights due-process fact-finding fifth-amendment sentencing | Was Petitioner's Fifth Amendment due process right violated when the Sentencing Court relieved the Government of its constitutionally mandated burden … |
| 24-7205 | Oscar Pliego-Pineda v. United States | Fourth Circuit | 2025-05-14 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure evidence-standard federal-sentencing-guidelines leadership-role sentencing-enhancement | Whether a Leadership Sentencing Enhancement Is Erroneous Without Evidence That a Defendant Supervised any Specific Individual. |
| 24-1150 | Clyde O. Carter, Jr. v. Lori Chavez-DeRemer, Secretary of Labor, et al. | Eighth Circuit | 2025-05-09 | Denied | Response Waived | administrative-law burden-of-proof employment-retaliation federal-railroad-safety-act judicial-review whistleblower-protection | In consideration of Loper Light Enterprises v. Raimondo, 603 U. S. (2024), in a whistleblower complaint is the burden of proof - in the protection pro… |
| 24-7082 | Edgar Llausas-Silva v. United States | Ninth Circuit | 2025-04-28 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure judicial-review prosecutorial-discretion safety-valve sentencing | 1. Whether the district court improperly relied upon the subjective belief of the prosecutor without support in the record that petitioner lied when h… |
| 24-7074 | Miguel Angel Ortiz v. Texas | Texas | 2025-04-25 | Denied | IFP | burden-of-proof constitutional-law criminal-procedure due-process element-of-offense jury-instruction | Whether the language in a reoccurring jury instruction, upon which there is a split of authority, violates due process by failing to give effect to th… |
| 24-1090 | Ryan C. Patterson v. United States | Ninth Circuit | 2025-04-21 | Denied | Response Waived | bank-deposits burden-of-proof criminal-procedure evidence-disclosure rule-16 tax-evasion | Whether, under the Constitution of the United States, as amended, and applicable Federal rules and controlling case law, the United States, relying on… |
| 24-1089 | Feanyichi E. Uvukansi v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2025-04-18 | Denied | Response RequestedResponse WaivedRelisted (2) | burden-of-proof due-process habeas-corpus materiality-standard perjured-testimony prosecutorial-misconduct | The state courts found that the trial prosecutor knowingly presented and failed to correct perjured testimony that the only eyewitness to identify p… |
| 24-6995 | Preston Alton Strong v. Arizona | Arizona | 2025-04-15 | Denied | IFP | burden-of-proof due-process external-evidence judicial-error jury-misconduct trial-procedure | Did the Arizona Supreme Court err when, like a substantial number of courts throughout the country, it violated the rule contained in Court's decision… |
| 24-1052 | Open Justice Baltimore, et al. v. Baltimore City Law Department, et al. | Fourth Circuit | 2025-04-07 | Denied | Amici (1)Response Waived | alternative-explanation burden-of-proof civil-procedure motion-to-dismiss plausibility-threshold pleading-standard | Whether a defendant who offers a competing alternative explanation for conduct alleged in a plaintiff's complaint bears the burden of showing that the… |
| 24-1045 | City of Los Angeles, California v. Jesus Pimentel, et al. | Ninth Circuit | 2025-04-01 | Denied | Response Waived | 42-usc-1983 burden-of-proof eighth-amendment excessive-fines gross-disproportionality prima-facie-case | Does a government defending against an Eighth Amendment excessive fines claim under 42 U.S.C. § 1983 bear a burden to produce affirmative evidence tha… |
| 24-6877 | Amanda M. v. Illinois | Illinois | 2025-03-27 | Denied | Response WaivedIFP | burden-of-proof child-custody constitutional-rights due-process hearsay-evidence parental-rights | Can a state terminate a parent's constitutional right to raise her child based solely on hearsay evidence, where the state's burden of proof at a fitn… |
| 24-1014 | Pedro Ortiz Romero v. Puerto Rico Fiscal Agency and Financial Advisory Authority, et al. | First Circuit | 2025-03-24 | Denied | age-discrimination burden-of-proof disparate-impact eeoc-regulation employment-law reasonable-factors | The Age Discrimination in Employment Act (ADEA) prohibits employment practices that have an unjustified disparate impact on older workers, Smith v. Ci… | |
| 24-6720 | Leroy Harold White, Jr. v. United States | Fifth Circuit | 2025-03-07 | Denied | Response WaivedIFP | burden-of-proof criminal-defendants deportation extraneous-offenses fifth-amendment sixth-amendment | DO THE FIFTH AND SIXTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AFFORD CRIMINAL DEFENDANTS AT LEAST THE SAME BURDEN OF PROOF FOR EXTRANEOUS OFFENS… |
| 24-951 | Sergeant Fred Cueto, et al. v. Hasmik Jasmine Chinaryan, Individually and as Guardian ad Litem for NEC, a Minor, et al. | Ninth Circuit | 2025-03-05 | Denied | Response Waived | appellate-review burden-of-proof civil-procedure harmless-error judicial-review standard-of-review | Given a jury verdict and resulting judgment in a civil case, does the appellant generally have the burden to show that any error was prejudicial to th… |
| 24-6628 | Adrin Smack v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. | Third Circuit | 2025-02-24 | Denied | Response WaivedIFP | burden-of-proof disputed-facts due-process fourteenth-amendment preponderance-of-evidence sentencing | Was Petitioner's Fourteenth Amendment due process right violated when a Delaware State Sentencing Court applied a minimal indicia of reliability burde… |
| 24-902 | Ruel M. Hamilton v. United States | Fifth Circuit | 2025-02-21 | Denied | appellate-review burden-of-proof constitutional-law criminal-procedure double-jeopardy jury-verdict | In Ashe v. Swenson, this Court recognized that the Double Jeopardy Clause precludes relitigation of facts found by a jury. 397 U.S. 436 (1970). What, … | |
| 24-6586 | Landon Hank Black v. Tennessee | Tennessee | 2025-02-18 | Denied | Response RequestedResponse WaivedRelisted (7)IFP | burden-of-proof constitutional-limits criminal-procedure due-process jury-instructions second-degree-murder | 1. The defendant was convicted of second-degree murder after he shot a man who approached him aggressively in a parking lot. This factual situation pr… |
| 24-866 | Converter Manufacturing, LLC v. Tekni-Plex, Inc. | Federal Circuit | 2025-02-13 | Denied | administrative-law burden-of-proof patent-enablement patent-validity prior-art statutory-interpretation | 1. Whether the patent challenger always has the burden of proving that the disclosures in an asserted prior art patent or printed publication are enab… | |
| 24-6463 | Noel Vincent Thomas v. Alabama Law Enforcement Agency, et al. | Florida | 2025-02-04 | Denied | Response WaivedIFP | burden-of-proof failure-to-state-claim pleading-standards res-judicata statute-of-limitations trial-court-discretion | 1) WHETHER THE TRIAL COURT ERRED AS A MATTER OF LAW BY DISMISSING PETITIONER'S CASE FOR FAILURE TO STATE A CLAIM OR INSUFFICIENT PLEADING, EXPIRATION … |
| 24A677 | NexPoint Asset Management, L.P., fka Highland Capital Management Fund Advisors, L.P., et al. v. Highland Capital Management, L.P. | Fifth Circuit | 2025-01-10 | Presumed Complete | bankruptcy-litigation burden-of-proof credibility-determination oral-agreement summary-judgment testimonial-evidence | Whether the Fifth Circuit erred in applying the summary judgment standard under Rule 56 by drawing its own credibility determinations and adverse infe… | |
| 24A676 | Mark Tomas Regan v. Massachusetts | Massachusetts | 2025-01-10 | Presumed Complete | burden-of-proof criminal-procedure double-jeopardy due-process firearms-possession second-amendment | Whether the right to keep and bear arms protected by the Second Amendment; the right to be free from conviction except upon proof beyond a reasonable … | |
| 24-6121 | Jason Campion v. United States | Fifth Circuit | 2024-12-11 | Denied | Response WaivedIFP | burden-of-proof categorical-approach federal-definition overbreadth-doctrine state-prosecution statutory-interpretation | When arguing that a state statute is overbroad under the categorical approach, and a particular state statute plainly prohibits actions that are broad… |
| 24-6016 | Santiago Parks Howard-Rios v. United States | Fifth Circuit | 2024-11-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial statutory-maximum | L Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 24-5893 | Mahlon Prater, Jr. v. United States | Sixth Circuit | 2024-11-05 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof circuit-split conspiracy-charges constitutional-law criminal-procedure double-jeopardy | 1. Whether, when determining if two charged conspiracies violate double jeopardy, the court should assess the degree of difference between two charged… |
| 24-5862 | Ismael Hernandez-Hernandez v. United States | Fifth Circuit | 2024-10-31 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure indictment jury-trial prior-conviction statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 24-478 | Omnisun Azali v. Ohio | Ohio | 2024-10-30 | Denied | Amici (1)Response Waived | appellate-review burden-of-proof constitutional-rights criminal-procedure self-defense sufficiency-of-evidence | Ohio's statutory law "allow ed" Petitioner Omnisun Azali ("Azali") to "act in self-defense[.]" Ohio Revised Code § 2901.05(B)(1) (effective Mar. 28, 2… |
| 24-463 | Marta Sanchez, et al. v. Anthony Guzman, et al. | Tenth Circuit | 2024-10-24 | Denied | affirmative-defense burden-of-proof civil-rights governmental-defendants legal-standard qualified-immunity | Whether a civil rights plaintiff bears the burden of disproving the affirmative defense of qualified immunity for governmental defendants or whether g… | |
| 24A389 | Union Pacific Railroad Company v. Robert Anthony Zaragoza | Fifth Circuit | 2024-10-22 | Presumed Complete | american-pipe-tolling burden-of-proof civil-procedure class-action class-certification statute-of-limitations | 1. This case presents an important and recurring question regarding how courts should resolve ambiguity as to the scope of a putative or certified cla… | |
| 24-375 | Leonard Carroll, et ux. v. Kendra Ross | Fourth Circuit | 2024-10-02 | Denied | Response Waived | burden-of-proof constitutional-rights due-process private-citizen-standing service-of-process subject-matter-jurisdiction | Does The Private Citizen Have Standing In Court The Question becomes can the Private Citizen as a non-bar attorney bring a claim into a District Cour… |
| 24-5684 | Raunel Garcia-Suarez v. United States | Fifth Circuit | 2024-10-01 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 24A288 | Matthew P. Leipart v. United States | Armed Forces | 2024-09-23 | Presumed Complete | burden-of-proof court-martial ineffective-assistance military-justice prosecutorial-misconduct uniform-code-of-military-justice | Question not identified. | |
| 24A174 | Omnisun Azali v. Ohio | Ohio | 2024-08-14 | Presumed Complete | burden-of-proof criminal-procedure fourteenth-amendment self-defense sixth-amendment sufficiency-of-evidence | Does express statutory permission to act in self-defense call down the protections of the Sixth and Fourteenth Amendments to the United States Constit… | |
| 24-5226 | Terry Dwayne Jones v. United States | Fourth Circuit | 2024-08-05 | Denied | Response WaivedIFP | burden-of-proof fourth-amendment law-enforcement pacing probable-cause search-and-seizure speed-estimation traffic-stop warrantless-search | "The government bears the burden of proof in justifying a warrantless search or seizure." United States v. McGee, 736 F.3d 263, 269 (4th Cir. 2013), c… |
| 24-5194 | George Henry Purdy, III v. United States | Fifth Circuit | 2024-07-31 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 2nd-amendment burden-of-proof constitutional-challenge criminal-procedure due-process presentence-report second-amendment sentencing standing statutory-interpretation | Whether 18 U.S.C. §922(g)(1) comports with the Second Amendment? Whether factual findings of a Presentence Report (PSR) that result in a higher sente… |
| 24-5189 | Brandon Alexander v. Ohio | Ohio | 2024-07-31 | Denied | Response WaivedIFP | burden-of-proof direct-appeal evidence-admission harmless-error inadmissible-evidence ineffective-assistance-of-counsel prejudice-standard sixth-amendment | When a defendant asserts IAC on direct appeal in Ohio for failing to object to inadmissible evidence and is able to demonstrate deficient performance,… |
| 24-5154 | Joel Jacobo Sanchez v. Brandon Kelly | Ninth Circuit | 2024-07-26 | Denied | Response WaivedIFP | aggravated-murder aiding-and-abetting burden-of-proof due-process ineffective-assistance ineffective-assistance-of-counsel intent-standard jury-instruction natural-probable-consequences post-conviction-relief | Was petitioner's post-conviction counsel ineffective for not arguing that petitioner's trial counsel failed object to a "natural and probable conseque… |
| 24-67 | Tammie L. Terrell v. Denis R. McDonough, Secretary of Veterans Affairs | Eleventh Circuit | 2024-07-19 | Denied | Response Waived | age-discrimination-in-employment-act burden-of-proof but-for-causation causation differential-treatment employment-discrimination federal-employment personnel-action retaliation title-vii | 1. Whether differential treatment must contribute to the ultimate decision. 2. Whether the burden shifts to the defendant to establish it would have … |
| 24-5116 | Mohamad Jamal Khweis v. United States | Fourth Circuit | 2024-07-19 | Denied | Response WaivedIFP | appellate-review burden-of-proof criminal-history-category due-process federal-crime-of-terrorism offense-level sentencing-guidelines sentencing-guidelines-enhancement sentencing-paradigm terrorism-enhancement | (1) whether the court below erred by upholding the application of Section 3Al.4's Terrorism Enhancement when the evidence presented at trial, or lack … |
| 24-5111 | Amadi Sosa v. Massachusetts | Massachusetts | 2024-07-18 | Denied | Response WaivedIFP | burden-of-proof confrontation-clause constructive-malice cross-examination due-process felony-murder perjury-protocol sixth-amendment winship-fact | 1. In a joint trial on a joint venture murder charge, the trial judge implemented a state protocol that enabled one co-defendant to give perjured test… |
| 24-49 | James E. Hitch v. The Frick Pittsburgh | Third Circuit | 2024-07-16 | Denied | adverse-action burden-of-proof causation civil-procedure civil-rights discrimination employment employment-law retaliation | Whether James E. Hitch has proven a claim for retaliation under the " but for" causation test? | |
| 24-40 | Leonard L. Grigsby, et al. v. United States | Fifth Circuit | 2024-07-15 | Denied | Response Waived | administrative-agency administrative-agency-finding burden-of-proof funding-exclusion independent-review judicial-review presumption-of-correctness research-activities research-and-development-tax-credit summary-judgment tax-credit | 1. Whether, under a proper application of law, an administrative agency finding should be given the presumption of correctness when it is uncontrovert… |
| 24-5073 | Billy Hammonds v. Fredeane Artis, Warden | Sixth Circuit | 2024-07-15 | Denied | Response WaivedIFP | burden-of-proof fair-trial-rights ineffective-assistance judicial-bias mistrial prosecutorial-misconduct trial-court-bias witness-testimony | I. WAS MR. HAMMONDS DENIED EFFECTIVE ASSISTANCE OF COUNSEL GUARANTEED BY THE FEDERAL AND STATE CONSTITUTIONS (U.S CONST. 1963, ART l § 20) WHERE TRI… |
| 24-5005 | Daniel Scott Robinson v. Supreme Court of Hawaii | Hawaii | 2024-07-03 | Denied | Response WaivedIFP | age-of-majority best-interest best-interests burden-of-proof constitutional-challenge due-process family-law federal-funding state-sovereignty | 1. The State of Hawai 'i abandoned its jurisdiction and state sovereignty in Domestic Relations and family court law when it willingly accepted federa… |
| 23-1346 | The Golub Corporation v. Elaine Bart | Second Circuit | 2024-06-26 | Denied | burden-of-proof burden-shifting employment-discrimination mcdonnell-douglas mixed-motive pretext summary-judgment title-vii | 1. Is the McDonnell Douglas framework applicable to mixed motive discrimination cases, and if so, how are the three stages of that framework to be for… | |
| 23-1340 | Waples Mobile Home Park Limited Partnership, et al. v. Jose Dagoberto Reyes, et al. | Fourth Circuit | 2024-06-25 | Denied | Amici (4)Response RequestedResponse WaivedRelisted (2) | burden-of-proof civil-rights-litigation defendant-liability disparate-impact fair-housing-act legitimate-business-purpose prima-facie-burden statistical-disparity | 1. Whether a plaintiff relying on a disparate-impact theory of liability under the Fair Housing Act, 42 U.S.C. § 3601 et seq., carries her prima facie… |
| 23-7775 | Edward Treisback v. United States | Eleventh Circuit | 2024-06-21 | Denied | Response WaivedIFP | 5th-amendment burden-of-proof criminal-procedure due-process fifth-amendment morrissey-v-brewer revocation-hearing supervised-release | Did the District Court shift the burden of proof from the United States to the defendant in violation of 18 U.S.C. 3583(c)(3) {see In Re Winship, 397 … |
| 23-7766 | Charles Edward Luckett v. Robert Neuschmid, Warden | Ninth Circuit | 2024-06-20 | Denied | Response WaivedIFP | brady-v-maryland burden-of-proof criminal-procedure due-process evidence exclusionary-rule fourteenth-amendment fourth-amendment habeas-corpus sixth-amendment witness | Whether the Ninth Circuit applied this Court's precedents in Bradshaw v. State and Barclay v. Marchand to exclude a defendant's custodial interrogatio… |
| 23-7731 | In Re Jack Carpenter, III | 2024-06-17 | Denied | IFP | burden-of-proof civil-liberties competence competency-evaluation constitutional-rights due-process ineffective-assistance-of-counsel judicial-procedure legal-interpretation presumption-of-jurisdiction procedural-error | \s Ot Wallens 2 Ns Nas sdickion usd oc Gilad one ck evidence of \asompatence? Moe Cevcyours LoedeSs oc Yne\neSs Yourchedk WED _O. co, Sous Qraekre « … | |
| 23-7669 | Anthony Bender, Jr. v. United States | Seventh Circuit | 2024-06-07 | Denied | Response WaivedIFP | brady-violation burden-of-proof criminal-procedure due-process evidence evidence-sufficiency police-testimony prosecutorial-misconduct reasonable-sentence witness-testimony | 1. Whether the government's failure to disclose the dash camera video constituted a Brady violation? 2. Whether a conviction based solely on the test… |
| 23-7616 | Jacob Ray Owens v. United States | Fifth Circuit | 2024-06-04 | Denied | Response WaivedIFP | burden-of-proof co-conspirator-evidence criminal-procedure drug-conspiracy drug-purity drug-quantity ineffective-assistance ineffective-assistance-of-counsel methamphetamine-purity sentencing sentencing-enhancement | Whether the purity of outside-the-conspiracy methamphetamine, linked to Owens's conspiracy solely by personnel, permitted an inference that Owens's me… |
| 23-7544 | Rodolfo Morales-Cortez v. United States | Ninth Circuit | 2024-05-22 | Denied | Response WaivedIFP | burden-of-proof closing-argument criminal-procedure defendant-rights due-process objection-standard prejudice prosecutorial-misconduct | Does a defendant who timely objects to a prosecutor's misconduct during closing argument nevertheless bear the burden to show that it caused him preju… |
| 23-7509 | Thomas J. Moore v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2024-05-20 | Denied | IFP | burden-of-proof capital-case criminal-procedure due-process fair-trial ineffective-assistance prosecutorial-misconduct religious-arguments testimonial-evidence trial-counsel | In a capital case where the petitioner has always maintained his innocence, where the petitioner testified in his own defense, and where the prosecuti… |
| 23-7499 | Russell William Tucker v. North Carolina | North Carolina | 2024-05-17 | Denied | IFP | batson-challenge batson-v-kentucky burden-of-proof disparate-treatment equal-protection jury-selection peremptory-strikes prima-facie-case prosecutorial-misconduct racial-discrimination | I. Whether the Supreme Court of North Carolina was free to reject evidence of disparate treatment and impose on Petitioner the crippling burden of sho… |
| 23-1218 | Alfredo Navarro Hinojosa v. United States | Fifth Circuit | 2024-05-16 | Denied | Response Waived | burden-of-proof circuit-split direct-appeal evidentiary-hearing harmless-error ineffective-assistance kotteakos-v-united-states preserved-nonconstitutional-errors sixth-amendment sufficiency-of-evidence | Does the Fifth Circuit's harmless-error standard applied to preserved nonconstitutional errors—which asks whether there is a "reasonable probability" … |
| 23-7435 | Mariette Harris v. Miles W. Ellis, et al. | Alabama | 2024-05-09 | Denied | Response WaivedRelisted (2)IFP | alabama-law burden-of-proof civil-procedure discovery-rule statute-of-limitations summary-judgment | 1. The first question presented is whether petitioner Mis. Harris filed on time for the Alabama Discovery rule section 6-5-482(a) Ala code 1975 the si… |
| 23-7418 | James Dow Vandivere v. United States | Fourth Circuit | 2024-05-08 | Denied | IFP | adam-walsh-act burden-of-proof civil-commitment due-process foucha-v-louisiana judicial-procedure kansas-v-hendricks liberty-interest | Whether in the wake of the Supreme Court's decision in United States v. Comstock, 560 U.S. 126 (2010) authorizing civil commitments pursuant to the Ad… |
| 23-1164 | Battle Born Investments Company, LLC, et al. v. United States | Ninth Circuit | 2024-04-29 | Denied | burden-of-proof circuit-split civil-forfeiture ownership-interest ownership-standing property-claim standing statutory-interpretation summary-judgment | Where a claimant asserts an ownership interest, does the claimant's standing at summary judgment require only some evidence of ownership, as six circu… | |
| 23-7332 | Angel De Jesus Castillo-Godoy v. United States | First Circuit | 2024-04-29 | Denied | Response WaivedIFP | appeal-waiver burden-of-proof criminal-procedure due-process fifth-amendment government-defense jurisdiction opening-brief reply-brief sixth-amendment | Whether a criminal defendant must raise the issue of an appeal waiver in his opening brief or whether it falls upon the government to raise the waiver… |
| 23-7319 | Yudith Reynoso-Hiciano v. United States | Second Circuit | 2024-04-26 | Denied | Response WaivedIFP | aiding-and-abetting burden-of-proof closing-argument criminal-procedure jury-instructions presumption-of-innocence reasonable-doubt | Whether repeatedly arguing in closing that the defendant 'needed the jury to believe' certain things impermissibly shifted the burden of proof and evi… |
| 23-7287 | Khan Mohammed v. United States | District of Columbia | 2024-04-24 | Denied | Response WaivedIFP | burden-of-proof circuit-conflict clear-and-convincing-evidence law-of-case-doctrine law-of-the-case-doctrine preponderance-of-the-evidence preponderance-standard sentencing-enhancement united-states-v-watts | 1. Whether the Government may be required to prove the factual basis for a sentencing enhancement by clear and convincing evidence, rather than a prep… |
| 23-1144 | John Anthony Castro v. United States | Fifth Circuit | 2024-04-22 | Denied | Response Waived | affirmative-defense burden-of-proof estoppel good-faith good-faith-erroneous-interpretation judicial-admission standard-of-review | If the government raises an affirmative defense, does it bear the burden of proof? If the government has previously claimed the Good Faith Erroneous … |
| 23-1128 | McInnis Electric Company v. Brasfield & Gorrie, LLC, et al. | Mississippi | 2024-04-17 | Denied | Amici (1)Response Waived | arbitrability arbitrability-standard arbitration arbitration-agreement boilerplate boilerplate-contract burden-of-proof clear-manifestation-of-intent delegation delegation-doctrine federal-arbitration-act | 1. Does the Federal Arbitration Act allow use of the rules of an arbitral association in the text of a boilerplate, or form, arbitration agreement to … |
| 23-7222 | Evaristo Contreras Silva v. United States | Fifth Circuit | 2024-04-15 | Denied | Response WaivedIFP | burden-of-proof criminal-firearm-possession criminal-law firearms immigration immigration-status intent-element mens-rea rehaif-standard rehaif-v-united-states statutory-interpretation | Whether, in prosecutions under 18 U.S.C. § 922(g)(5), the Government must–in order to separate wrongful acts from innocent acts–offer direct evidence … |
| 23-1085 | Kava Holdings, LLC, dba Hotel Bel-Air v. National Labor Relations Board | Ninth Circuit | 2024-04-05 | Denied | 8(a)(3) anti-union-animus burden-of-proof circuit-court-split employment-discrimination labor-relations national-labor-relations-act nlrb-standard unfair-labor-practice | In a case involving alleged refusals to hire based on anti-union animus under Section 8(a)(3), may the Board rely solely on "generalized" animus, when… | |
| 23-7146 | Antonio Ochoa-Leyva v. United States | Fifth Circuit | 2024-04-05 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-7143 | Armando Ordonez-Dominguez v. United States | Fifth Circuit | 2024-04-04 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-1039 | Marlean A. Ames v. Ohio Department of Youth Services | Sixth Circuit | 2024-03-20 | Judgment Issued | Amici (12)Response RequestedResponse WaivedRelisted (3) | burden-of-proof civil-rights discrimination disparate-treatment employment employment-discrimination majority-group pleading-standard standing title-vii | Whether, in addition to pleading the other elements of Title VII, a majority-group plaintiff must show "background circumstances to support the suspic… |
| 23-7037 | Billy Joe King v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2024-03-20 | Denied | IFP | appellate-jurisdiction burden-of-proof civil-procedure competency-hearing constitutional-rights criminal-procedure due-process evidence-admissibility judicial-review mental-capacity standing | Question not identified. |
| 23-7042 | Willie James Pye v. Shawn Emmons, Warden | Georgia | 2024-03-20 | Denied | IFP | atkins-standard atkins-v-virginia burden-of-proof capital-punishment constitutional-rights death-penalty due-process eighth-amendment intellectual-disability | Georgia requires persons with intellectual disability to prove their disability 'beyond a reasonable doubt' in order to vindicate their Eighth Amendme… |
| 23-1005 | Ann Redd-Oyedele v. Santa Clara County Office of Education, et al. | Ninth Circuit | 2024-03-13 | Denied | Response Waived | age-discrimination burden-of-proof civil-rights disparate-impact due-process employment employment-practices preponderance-of-evidence racial-discrimination summary-judgment | Whether a Court may properly grant summary judgment where a party failed to establish, by a preponderance of evidence, as shown in the records, tha… |
| 23-6978 | Jose Salome Gallardo Granados v. United States | Fifth Circuit | 2024-03-13 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6961 | Jacob Smith v. John Henley, Warden, et al. | Ninth Circuit | 2024-03-11 | Denied | IFP | burden-of-proof civil-rights constitutional-rights due-process ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct self-representation | X £r*'ifb A^edq-e^ The Trial frosecaiot lia\ fdhcor\cl\idt~ r^i 4w sh>f% fKe Bo/de/n of froofi kr^cj 7W MfSroiiU faM fa &) y^eee/vf eyfde/\ceprove My … |
| 23-6936 | Jose Eulalio Aguillen-Servin v. United States | Fifth Circuit | 2024-03-08 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23A816 | Battle Born Investments Company, LLC, et al. v. United States | Ninth Circuit | 2024-03-05 | Presumed Complete | burden-of-proof civil-forfeiture cryptocurrency-seizure due-process standing-requirement summary-judgment | Question not identified. | |
| 23-6870 | Ariel Perez-Lainez v. United States | Fifth Circuit | 2024-02-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-927 | National Religious Broadcasters Noncommercial Music License Committee v. Copyright Royalty Board, et al. | District of Columbia | 2024-02-27 | Denied | Amici (7)Response RequestedResponse WaivedRelisted (2) | administrative-procedure administrative-procedure-act burden-of-proof copyright-royalty copyright-royalty-board first-amendment rate-setting religious-freedom religious-freedom-restoration-act webcasting | The Copyright Royalty Board sets default royalty rates for webcasting sound recordings. Recently, the Board adopted rates requiring noncommercial reli… |
| 23-915 | Pleasant View Baptist Church, et al. v. Andrew Beshear | Sixth Circuit | 2024-02-23 | Denied | Response Waived | 42-usc-1983 burden-of-proof civil-rights constitutional-rights covid-19-restrictions free-exercise free-exercise-clause qualified-immunity state-actor | 1. Whether qualified immunity applies to a state actor who, despite multiple circuit court decisions directing him not to burden religious activities … |
| 23-6808 | Joseph Michael King, aka Joey King v. United States | Fourth Circuit | 2024-02-22 | Denied | Response WaivedIFP | burden-of-proof circuit-split criminal-procedure due-process non-indigent sentencing sentencing-enhancement special-assessment statutory-interpretation | Under 18 U.S.C. § 3014(a), defendants convicted of certain sexual offenses must be assessed a $5000 special assessment if one other condition is met —… |
| 23-898 | Ryan Thornton v. Wisconsin | Wisconsin | 2024-02-21 | Denied | Response Waived | burden-of-proof counsel criminal-procedure defendant due-process habeas-corpus ineffective-assistance-of-counsel legal-harm sixth-amendment | Did the Wisconsin Supreme Court err by Denying-without-response (App.23) RYAN's 2023AP769 [5/12/2023 Petition For Review] and issuing no response (App… |
| 23-6768 | Vidal Garza-Morin v. United States | Fifth Circuit | 2024-02-16 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6748 | Eric Lavell Minter v. United States | Sixth Circuit | 2024-02-14 | Denied | Response WaivedIFP | burden-of-proof circuit-court-review civil-rights clear-error-standard criminal-enterprise criminal-procedure due-process evidence fact-based-enhancement managerial-role sentencing sentencing-enhancement | Must a district court find that a defendant exercised control over another participant in a criminal enterprise before considering a managerial role s… |
| 23-867 | Republic of Hungary, et al. v. Rosalie Simon, et al. | District of Columbia | 2024-02-12 | Judgment Issued | Amici (4)Response RequestedResponse WaivedRelisted (3) | asset-commingling burden-of-proof circuit-split commercial-nexus expropriation-exception foreign-sovereign-immunities-act international-law pleading-stage pleading-standard | (1) Whether historical commingling of assets suffices to establish that proceeds of seized property have a commercial nexus with the United States un… |
| 23-6690 | Lamark Armond Combs, Jr. v. United States | Eighth Circuit | 2024-02-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process record-expansion remand sentencing | I. May a district court expand the record on remand to allow the government to present additional evidence even though the government's burden was cle… |
| 23-6672 | Christopher R. Williams, Jr. v. United States | Seventh Circuit | 2024-02-06 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure criminal-sentencing district-court drug-purity drug-quantity methamphetamine-case procedural-errors sentencing-enhancements sentencing-guidelines | I. Whether the district court erred by sentencing the Defendant to three hundred sixty (360) months in light of the circumstances of the case? II. Wh… |
| 23-6657 | Erick Cruz v. New York | New York | 2024-02-02 | Denied | IFP | burden-of-proof due-process evidence-authentication fair-trial opening-statements powerpoint-presentation presumption-of-innocence prosecutorial-misconduct trial-court-error | Q1: During opening statements, the trial court, over defense counsel's objections, allowed the prosecution to use a Powerpoint presentation. This Powe… |
| 23-6515 | John Edward Hall v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2024-01-18 | Denied | IFP | burden-of-proof death-penalty due-process federal-habeas standard-of-review state-court | Question not identified. |
| 23-783 | Darren Kossen v. Asia Pacific Airlines, et al. | Ninth Circuit | 2024-01-18 | Denied | Response Waived | administrative-hearing air-21-statute burden-of-proof burdens-of-proof circumstantial-evidence clear-and-convincing-evidence legal-standard prima-facie res-judicata whistleblower-protection | 1. Did the ALJ, ARB and the 9th Circuit turn on its head AIR 21 law on burdens of proof by requiring a whistleblower to prove causation by a "preponde… |
| 23-6484 | Miguel Angel Sanchez-Delgado v. United States | Fifth Circuit | 2024-01-17 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6488 | Juan Garcia-Bertadillo v. United States | Fifth Circuit | 2024-01-17 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-766 | Scott Douglas Ora v. Hollywood Chamber of Commerce | California | 2024-01-17 | Denied | Relisted (2) | appellate-review burden-of-proof conditions-precedent due-process judicial-procedure judicial-review right-to-jury-trial standard-of-proof waiver | 1. In this case of perilously profound impression, did the Court of Appeal violate the due process rights of Appellant when it arbitrarily disregarded… |
| 23-6411 | Gilberto Salvador Cortez-Garcia v. United States | Fifth Circuit | 2024-01-04 | Denied | Response WaivedIFP | burden-of-proof criminal-indictment criminal-procedure defendant-rights due-process jury-determination jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6413 | Donald Bill Smith v. United States | Eighth Circuit | 2024-01-04 | Denied | Response WaivedIFP | 18-usc-1512 burden-of-proof circuit-split criminal-procedure criminal-statute drug-conspiracy mens-rea official-proceeding witness-tampering | 1. Whether the witness tampering resulting in death statute, 18 U.S.C. §§1512(a)(1)(A) and (k), requires the Government to prove beyond a reasonable d… |
| 23-6402 | Vidal Orellana-Sibrian v. United States | Fifth Circuit | 2024-01-03 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6385 | Alfonso Garcia-Vela v. United States | Fifth Circuit | 2023-12-28 | Denied | Response WaivedIFP | almendarez-torres burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6369 | Joseph R. Cyr v. Steven Harpe, Director, Oklahoma Department of Corrections | Tenth Circuit | 2023-12-27 | Denied | Relisted (2)IFP | burden-of-proof conclusive-presumption criminal-procedure due-process jury-instructions malice-aforethought sandstrom-standard sandstrom-v-montana | Whether the trial court's charge to Petitioner's jury violate his Due Process rights as articulated in Sandstrom v. Montana, 442 U.S. 510 (1979), beca… |
| 23A592 | Republic of Hungary, et al. v. Rosalie Simon, et al. | District of Columbia | 2023-12-27 | Presumed Complete | burden-of-proof circuit-split expropriation-exception foreign-sovereign-immunities-act international-law property-tracing | Question not identified. | |
| 23-6342 | Ya-Sin El-Amin Shakir v. Tina Walker, Superintendent, State Correctional Institution at Fayette, et al. | Third Circuit | 2023-12-26 | Denied | IFP | appellate-review burden-of-proof constitutional-rights criminal-procedure due-process evidence-review jury-finding mental-health sufficiency-of-evidence | 1. IS Fusils A MENTAL. ku£ PitoceTS V/»lATgi uiHfsl A JvKS'l FiMb/toc. Gvilt is uprtetbk r^£ &Ec&»jLb AEMe^s-rtATCj MfuFn £isit ts//i£wc£, 7 |
| 23-6331 | Hannibal Moore v. United States | Eleventh Circuit | 2023-12-22 | Denied | Response WaivedIFP | affirmative-defense burden-of-proof criminal-conduct criminal-law disqualifying-element imminent-threat justification-defense legal-alternative proximate-cause | The question presented is whether the courts should also take a narrow view in considering the disqualifying element of the justification defense, and… |
| 23-6335 | Devonne L. Walker v. United States | Eleventh Circuit | 2023-12-22 | Denied | Response WaivedIFP | burden-of-proof criminal-leadership criminal-organization criminal-procedure criminal-sentencing firearm-possession guideline-enhancement leadership sentencing-guidelines sentencing-review | 1) Whether the lower court erred in applying a 4-level increase pursuant to U.S.S.G. Guideline § 3B1.1(a) in determining the Petitioner to be an organ… |
| 23-6320 | Santiago Salazar-Ramirez v. United States | Fifth Circuit | 2023-12-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-638 | Kenneth Wendell Ravenell v. United States | Fourth Circuit | 2023-12-13 | Denied | Amici (2) | burden-of-proof circuit-split conspiracy criminal-conspiracy criminal-procedure federal-prosecution jury-instructions money-laundering non-overt-act-conspiracy statute-of-limitations | Whether, to comply with 18 U.S.C. § 3282(a) in a prosecution for a non-overt act conspiracy, the government bears the burden of proving to a jury that… |
| 23-618 | Delano Marco Medina v. Colorado | Colorado | 2023-12-08 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | burden-of-proof constitutional-law criminal-conviction criminal-procedure defendant-rights due-process guilty-plea judicial-procedure judicial-review legal-standard | Whether it is consistent with due process for a court to convict a criminal defendant without finding that the defendant is guilty. |
| 23-6176 | Faustino Garcia-Sanchez, aka Miguel Garcia-Sanchez, aka Miguel Zamora-Sanchez v. United States | Fifth Circuit | 2023-12-06 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6185 | Jabril Wilson v. Chris Stevens, Warden | Seventh Circuit | 2023-12-06 | Denied | IFP | burden-of-proof child-enticement criminal-procedure due-process ineffective-assistance-of-counsel sexual-assault | 1 YTh^aua '*-/ noY Wvit ^o^oncKWu nT CKAA eu.\\<x-^ien4r kOkefC ffcHWeC A L/ 1 JV^x-u tO 1vs * SWV, A4%, 0 cl»UL\ i-V vvtkrtmrse ov %®m\ «tSs=>ai*.W … |
| 23-6165 | Jesus Del Valle Gonzalez-Rodriguez v. United States | First Circuit | 2023-12-05 | Denied | Response WaivedIFP | appeal-waiver brief-filing burden-of-proof court-of-appeals criminal-procedure due-process government-defense opening-brief plea-agreement reply-brief | Whether a criminal defendant must raise the issue of an appeal waiver in his opening brief or whether it falls upon the government to raise the waiver… |
| 23-553 | William Clark Turner v. United States | Ninth Circuit | 2023-11-22 | Denied | Response Waived | burden-of-proof civil-rights criminal-statute due-process federal-jurisdiction flight-attendant free-speech intimidation jury-instructions statutory-interpretation | 1. Did the inclusion of multiple alternative definitions of "intimidate" within the jury instructions for the charged violation of 49 U.S.C. section 4… |
| 23-6103 | Alvin Celius Andre v. United States | Eleventh Circuit | 2023-11-22 | Denied | Response WaivedIFP | burden-of-proof constructive-amendment criminal-law criminal-procedure due-process entrapment entrapment-defense prosecutorial-misconduct statutory-interpretation | I. Does a constructive amendment occur when the government substitutes Congress's intended object of the actus reus of 18 U.S.C. § 2422(b), "any indiv… |
| 23-6081 | Jacobo Fuentes-Salgado v. United States | Fifth Circuit | 2023-11-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6028 | Delroy T. Booth v. Georgia | Georgia | 2023-11-16 | Denied | Response WaivedIFP | burden-of-proof civil-rights double-jeopardy due-process fair-trial prosecutorial-misconduct | Question not identified. |
| 23-493 | Gail Goldberg, et vir v. Commissioner of Internal Revenue | Seventh Circuit | 2023-11-09 | Denied | Response Waived | administrative-procedure burden-of-proof civil-rights due-process iRS-proceedings mailing-requirements notice-requirements statutory-notice statutory-requirements tax | 1. Has the ruling of the Seventh Circuit rendered mandatory statutory notice requirements not relevant, with a consequence being that the protections … |
| 23-5936 | Hector Francisco Santos-Flores v. United States | Fifth Circuit | 2023-11-01 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-5880 | Jose Fernando Martinez-Hernandez v. United States | Fifth Circuit | 2023-10-25 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-5865 | Jason Dix v. United States | Fourth Circuit | 2023-10-23 | Denied | Response WaivedIFP | appellate-procedure appellate-review burden-of-proof constitutional-rights criminal-procedure due-process harmless-error separation-of-powers sua-sponte | I. May an appellate court, consistent with due process, relieve a government party of its burden to show that a favorable error is harmless, decide th… |
| 23-408 | AstraZeneca Pharmaceuticals LP v. Suzanne Ivie | Ninth Circuit | 2023-10-18 | Denied | Response WaivedRelisted (2) | affirmative-defense burden-of-proof civil-procedure claim evidentiary-standard final-pretrial-order judicial-process litigation-procedure pretrial-order rule-16 | In a final pretrial order under Rule 16, may a party generally contest whether the opposing party will satisfy its burden of proof on a claim or affir… |
| 23-5816 | Henry Jo Ward v. West Virginia | West Virginia | 2023-10-17 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process evidentiary-presumption fourteenth-amendment official-capacity | The West Virginia Supreme Court interpreted a statute to create an unconstitutional evidentiary presumption. Specifically, the West Virginia Supreme C… |
| 23-5828 | Raquel Rivera v. United States | Third Circuit | 2023-10-17 | Denied | Response WaivedIFP | burden-of-proof controlled-substances-act drug-prosecution farm-bill hemp hemp-classification marijuana marijuana-definition possession-with-intent-to-distribute thc-concentration thc-content | Whether, in a possession of marijuana with intent to distribute prosecution, the government is required to prove as an element that the substance is m… |
| 23-5760 | Mattie T. Lomax v. United States | Federal Circuit | 2023-10-11 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof constitutional-rights criminal-investigation criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial legal-definition seventh-amendment | Plaintiff Mattie Lomax brought this action under 42 U.S.C. §§ 1983 and 1985, alleging that the Defendants violated her constitutional rights during a … |
| 23-5745 | Zephryn (Stephanie) Hammond v. University of Vermont Medical Center | Vermont | 2023-10-10 | Denied | IFP | burden-of-proof burden-shifting employment-discrimination legal-standards mcdonnell-douglas-framework protected-characteristics retaliation retaliation-claim summary-judgment | 1. Under organizational policy when an employee makes a complaint to anyone in a position of authority in regard to a protected characteristic, should… |
| 23-339 | J. M. F. v. New Jersey Department of Treasury, Division of Pensions and Benefits | New Jersey | 2023-10-02 | Denied | Response WaivedRelisted (2) | administrative-hearing administrative-law burden-of-proof civil-rights credibility credibility-determination disability disability-benefits due-process first-amendment | 1. Whether ALJs violate the rule of law by depriving petitioners of their disability pensions on credibility grounds when petitioners have met their… |
| 23-5587 | Daniel Carrington v. United States | Fourth Circuit | 2023-09-14 | Denied | Response WaivedIFP | burden-of-proof causation controlled-substance controlled-substances criminal-law death-causation due-process proximate-cause reasonable-doubt statutory-interpretation | WHETHER THIS COURT'S DECISION IN UNITED STATES V. BURRAGE, 571 U.S. 204 (2014), CREATED A BRIGHT LINE RULE ESTABLISHING A RIGHT OF THE DEFENDANT TO PR… |
| 23-5554 | Cameron L. Hickman v. United States | Fifth Circuit | 2023-09-12 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure criminal-trial due-process jury-instructions prosecutorial-burden reasonable-doubt sexual-assault standard-of-review sufficiency-of-evidence | Whether the prosecution presented sufficient evidence at trial to establish the elements of the alleged crime. |
| 23-217 | E.M.D. Sales, Inc., et al. v. Faustino Sanchez Carrera, et al. | Fourth Circuit | 2023-09-08 | Judgment Issued | CVSGAmici (9)Response RequestedResponse WaivedRelisted (5) | burden-of-proof circuit-split clear-and-convincing-evidence employment-law fair-labor-standards-act flsa-exemptions overtime-pay preponderance-of-evidence wage-exemption | Whether the burden of proof that employers must satisfy to demonstrate the applicability of an FLSA exemption is a mere preponderance of the evidence—… |
| 23-5524 | Michael Jones, Jason Reed, and Shaun Myers v. United States | Seventh Circuit | 2023-09-06 | Denied | Response WaivedIFP | burden-of-proof daubert daubert-standard dual-role-testimony due-process evidence expert-witness fifth-amendment standard-of-review | A government witness who testifies as both an investigative fact witness and as an expert witness, pursuant to Rule 702 of the Federal Rules of Eviden… |
| 23-5513 | Rickeena Hamilton v. Tennessee | Tennessee | 2023-09-01 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof constitutional-rights criminal-procedure due-process jury-instructions lesser-included-offense right-to-present-defense second-degree-murder | 1. The defendant was convicted of second-degree murder after she stabbed a man who had attacked her in a bar without any provocation. This factual sit… |
| 23-5457 | Deangelus Thomas v. United States | Sixth Circuit | 2023-08-28 | GVR | Relisted (3)IFP | armed-career-criminal-act burden-of-proof constitutional-fact-finding criminal-procedure due-process indictment jury-trial predicate-convictions sentencing sentencing-enhancement statutory-penalty | May a district court judge properly find, by a preponderance of the evidence, the uncharged, non-elemental fact that a person committed three prior of… |
| 23-5458 | Kimeo Delmar Conley v. Jason Wells, Warden | Seventh Circuit | 2023-08-28 | Denied | Response WaivedIFP | 4th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence fourth-amendment jury-instructions sixth-amendment statutory-interpretation | Question not identified. |
| 23-5453 | Pedro Ramirez-Urbina v. United States | Fifth Circuit | 2023-08-25 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment alien-smuggling burden-of-proof causation causation-standard criminal-procedure due-process fifth-amendment sentence-enhancement sixth-amendment | Whether the Fifth or Sixth Amendments prohibit conduct for which Ramirez was acquitted—committing an alien-smuggling offense that resulted in a death—… |
| 23-5310 | Joseph Tyshawn Darren Favorite v. United States | Sixth Circuit | 2023-08-09 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | burden-of-proof confrontation-clause criminal-conduct criminal-procedure due-process evidentiary-standards judicial-discretion police-report sentencing-enhancement uncorroborated-accusation | May the Court rely on an uncorroborated accusation of criminal conduct in a police report to enhance a defendant's sentence when the report is not par… |
| 23-5257 | Angel Rios-Edeza v. United States | Ninth Circuit | 2023-08-01 | Denied | Response WaivedIFP | burden-of-proof closing-argument criminal-procedure due-process evidence-vouching jury-instructions ninth-circuit prosecutorial-misconduct rebuttal-argument | Prosecutors are allowed to strike hard blows but not foul ones. Here, in closing and rebuttal argument, the prosecutor vouched for the evidence, impro… |
| 23-5264 | Julio Cesar De La Rosa-De La Cerda v. United States | Fifth Circuit | 2023-08-01 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-5238 | John Edward Scott v. United States | Fifth Circuit | 2023-07-28 | Denied | Response WaivedIFP | appellate-review burden-of-proof confrontation-clause confrontation-clause-jurisprudence federal-rules-of-evidence machine-generated-data machine-produced-data supreme-court-jurisprudence testimonial-evidence testimonial-statements | Who has the burden to show that a report sought to be introduced includes "raw, machine produced data" and not testimonial statements triggering the C… |
| 23-5225 | Leonard Sapp v. United States | Eleventh Circuit | 2023-07-27 | Denied | Response WaivedIFP | brady-violation burden-of-proof constitutional-rights criminal-defendant criminal-procedure district-court due-process fair-trial government-misconduct imminent-danger | Was Leonard Sapp afforded a fair trial when the Government shifted the burden of proof to the Defense during trial? Does a District Court's decision … |
| 23-5190 | Mardy D. Mollett, Jr. v. United States | Sixth Circuit | 2023-07-25 | Denied | Response WaivedIFP | burden-of-proof constitutional-rights criminal-procedure due-process felon-in-possession firearm-possession justification-defense second-amendment | Does the inclusion of an fifth element of the justification defense for being a felon in possession of a firearm, requiring the Defendant to prove tha… |
| 23-5081 | Ronnie R. Lovell v. United States | Sixth Circuit | 2023-07-12 | Denied | Response WaivedIFP | armed-career-criminal-act burden-of-proof criminal-procedure fifth-amendment jury-trial preponderance-of-evidence sentencing-enhancement sixth-amendment | Can a district court judge determine that an individual's prior offenses occurred "on occasions different," as required by the Armed Career Criminal A… |
| 23-5062 | Alfredo Martinez-Rubio v. United States | Fifth Circuit | 2023-07-10 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-5024 | Walter Charles Link v. Texas | Texas | 2023-07-03 | Denied | IFP | burden-of-proof civil-rights constitutional-rights criminal-procedure due-process equal-protection judicial-proceedings sufficiency-of-evidence texas-law | 1. Did +W& ©-£ T£)OxS &tf {/v £&.vlviA,£j +0 ?ro»l£/ BrooK's abWtl A a (£o£oac>L\& deulA ? 2. t»rA +V\£ .s-t&te Tfeiaj: iilgqaley Seirhm^ ?e+W • rt a… |
| 22-1249 | Foremost Title & Escrow Services, LLC v. FCOA, LLC | Eleventh Circuit | 2023-06-29 | Denied | burden-of-proof circuit-split consumer-confusion incontestable incontestable-mark lanham-act presumption trademark trademark-law | Under 15 U.S.C. § 1065, certain trademarks are incontestable. All Circuits considering the issue, except the Eleventh, do not presume that an incontes… | |
| 22-7852 | Juan Victor Quezada-Lara v. United States | Fifth Circuit | 2023-06-28 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7882 | Sergio Delgado-Perez v. United States | Fifth Circuit | 2023-06-28 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7842 | Dashawn Lewis v. United States | Ninth Circuit | 2023-06-22 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure directed-verdict due-process judicial-error jury-instruction jury-instructions ninth-circuit reasonable-doubt | Whether the last sentence of the Ninth Circuit's pattern jury instruction on reasonable doubt, telling jurors that "if after a careful and impartial c… |
| 22-7827 | Scott Anderson v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. | Third Circuit | 2023-06-21 | Denied | IFP | abuse-of-discretion burden-of-proof certificate-of-appealability criminal-procedure due-process judicial-discretion legal-innocence reasonable-jurist sufficiency-of-evidence | Is a defendant legally and factually innocent, if the State fails to prove each and every element of the crime {facts}, and the facts do not establish… |
| 22-7784 | Demarcus Donte Ivey v. United States | Fourth Circuit | 2023-06-14 | Denied | Amici (1)Response WaivedIFP | burden-of-proof chapman-v-california constitutional-error criminal-procedure cumulative-error-doctrine evidentiary-errors harmless-error standard-of-review | When, on direct appeal from a conviction in a federal criminal trial, an appellate court identifies multiple evidentiary errors, should each of those … |
| 22-7774 | Duane E. Armstrong v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2023-06-13 | Denied | IFP | burden-of-proof constitutional-rights criminal-procedure due-process evidence expert-testimony fingerprint-analysis forensic-evidence trial-procedure | Before the Supreme Court review during trial in front of a jury. Does the court 's need a second analyst to testifies, to the first analyst opinion co… |
| 22-7780 | John Thomas Entler v. Eric Jackson, et al. | Washington | 2023-06-13 | Denied | Response WaivedIFP | burden-of-proof prison-regulations religiosity religious-accommodation religious-exercise rluipa sincerely-held-beliefs sincerity strict-scrutiny substantial-burden | A. WHETHER PRISON OFFICIALS CAN REQUIRE PRISONERS TO SHOW CENTRALITY IN W-DOC'S RRIS APPLICATION PROCESS FOR REQUESTING RELIGIOUS ACCOMMODATIONS, AND … |
| 22-7741 | Rudy Alvarez v. United States | Ninth Circuit | 2023-06-09 | Denied | Amici (1)IFP | burden-of-proof criminal-procedure due-process evidence-admissibility fifth-amendment law-enforcement-procedure miranda-warning miranda-warnings police-interrogation self-incrimination supreme-court | 1. When determining whether statements made after a midstream Miranda warning are admissible, do courts consider the warning's objective effectiveness… |
| 22-7731 | Roy Lee Jones, Jr. v. United States | Fifth Circuit | 2023-06-08 | Denied | Response WaivedIFP | burden-of-proof controlled-substances criminal-procedure drug-conspiracy due-process essential-elements evidence fifth-circuit-precedent jury-instructions sentencing sentencing-issue standard-of-proof | In addressing Roy Lee Jones, Jr.'s claim that the evidence in this methampethamine prosecution supported only a conviction for conspiracy to possess w… |
| 22-7540 | Harry Cole v. United States | Fifth Circuit | 2023-05-12 | Denied | Response WaivedIFP | appellate-review burden-of-proof criminal-procedure district-court due-process essential-element jurisdiction jurisdictional-concept sua-sponte venue | 1. Whether venue is only a jurisdictional concept rather than essential element of an offense that must be proved beyond a reasonable doubt; 2. Wheth… |
| 22-1108 | Reuben Haley v. Urban Outfitters, Inc. | Seventh Circuit | 2023-05-12 | Denied | Response Waived | appellate-review burden-of-proof civil-procedure due-process equal-protection judicial-review legal-standard standard-of-review summary-judgment | Whether the grant of summary judgment against petitioner was error? |
| 22-7449 | Robert Richard Spurling, III v. Arizona | Arizona | 2023-05-03 | Denied | Response WaivedIFP | burden-of-proof civil-rights constitutional-interpretation due-process federal-law jury-instructions retroactive-application sexual-abuse state-courts statutory-amendment statutory-interpretation | Does a state court's decision that a state statute prevents the state courts from conducting analysis pursuant to the United States Supreme Court prec… |
| 22-7418 | Sammy Redi Araya v. United States | Fourth Circuit | 2023-05-01 | Denied | Response WaivedIFP | burden-of-proof criminal-fraud government-failure judicial-discretion loss-amount loss-calculation plea-bargaining sentencing-courts sentencing-guidelines victim-losses | I. Whether a sentencing court is required to verify actual or intended victim losses when applying a U.S. Sentencing Guidelines ("U.S.S.G. ") §2B1.1 S… |
| 22-7395 | Gudonavon J. Taylor v. Ohio | Ohio | 2023-04-28 | Denied | IFP | brady-rule burden-of-proof constitutional-rights due-process fundamental-fairness juvenile-offender juvenile-offenders perjured-testimony presumption-of-innocence | (1) Whether the procedure rule under Crim.R. 33(B) should be deemed oppressive and arbitrary for juvenile offenders? (2) Whether a juvenile offender'… |
| 22-7377 | Jose Isabel Mora-Rodriguez v. United States | Fifth Circuit | 2023-04-26 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7380 | Toivania Ereachia Gill v. TBG Food Acquisition Corp. | Fourth Circuit | 2023-04-26 | Denied | Response WaivedIFP | 14th-amendment burden-of-proof civil-procedure civil-rights constructive-discharge due-process equal-protection hostile-work-environment legal-procedure standing | 1) Did the United States Western District of Virginia Court dismiss Plaintiffs claim of constructive discharge prematurely when the burden of proof on… |
| 22-1001 | NST Global, LLC, dba SB Tactical v. Sig Sauer Inc. | Federal Circuit | 2023-04-14 | Denied | administrative-procedure administrative-procedure-act burden-of-proof due-process federal-circuit federal-circuit-rule-36 inter-partes-review patent-construction patent-preamble patent-validity | 1. Whether the Federal Circuit's affirmance of the Patent Trial and Appeal Board's decision that results from the Board's sua sponte construction of a… | |
| 22-7249 | Daryl Lee Godette Jr. v. United States | Fourth Circuit | 2023-04-10 | Denied | Response WaivedIFP | burden-of-proof constructive-possession criminal-procedure drug-possession due-process evidence evidence-standard possession reasonable-doubt | Whether the Government proved beyond a reasonable doubt that Mr. Godette possessed the heroin found in the apartment. |
| 22-7213 | Brian Evan Roth v. Florida | Florida | 2023-04-05 | Denied | Response WaivedIFP | burden-of-proof civil-rights closing-arguments criminal-procedure due-process evidence evidence-introduction judicial-discretion prosecutorial-misconduct trial-procedure | 1. Did thetrial Court Err in allowing oncharged erimes not containod in the in farmatuen, to he introduced and sfotlighted as testimany? As well as be… |
| 22-7155 | Kalid Koron Ocean-Avent v. United States | Fourth Circuit | 2023-03-30 | Denied | Response WaivedIFP | burden-of-proof criminal-law criminal-procedure due-process evidence evidentiary-errors fair-trial firearm firearm-possession jury reasonable-doubt | I. Whether the Government proved beyond a reasonable doubt that Mr. Ocean-Avent possessed a firearm. II. right to a fair trial. |
| 22-7016 | Guadalupe Onate-Herrera v. United States | Fifth Circuit | 2023-03-15 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6983 | Bernardino Berrun-Torres v. United States | Fifth Circuit | 2023-03-10 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6973 | Joseph Woloszyn v. United States | Ninth Circuit | 2023-03-08 | Denied | Response WaivedIFP | burden-of-proof criminal-threat drug-addiction due-process preponderance-of-evidence probation-violation revocation-hearing sentencing-guidelines supervised-release uncorroborated-statements | I. Did Woloszyn's Uncorroborated Statements to the Probation Officer Prove Woloszyn Violated the Terms of His Supervised Release? II. Does a Violatio… |
| 22-6908 | Eduardo Guadalupe Melendrez-Soberanes v. United States | Fifth Circuit | 2023-03-02 | Denied | Response WaivedIFP | burden-of-proof case-agent-testimony criminal-procedure drug-quantity drug-trafficking due-process evidence fifth-circuit photographic-evidence sentencing sentencing-guidelines | Whether the Fifth Circuit's practice of shifting the burden of production and proof to the defendant at sentencing violates a defendant's Due Process … |
| 22-6893 | James Alvin Chaney, aka Ace Chaney v. United States | Sixth Circuit | 2023-03-01 | Denied | Response WaivedIFP | burden-of-proof court-officers criminal-procedure due-process evidentiary-hearing ex-parte-discussions juror-misconduct jury-instructions united-states-v-ruan unrecorded-ex-parte-discussions | Number 1: In light of United States v. Ruan, were the jury instructions in Chaney incorrect and should Dr. Chaney's conviction be vacated? Number 2: … |
| 22-823 | Alicia Thompson v. Janelle Henderson | Washington | 2023-03-01 | Denied | Amici (2)Response RequestedResponse WaivedRelisted (7) | burden-of-proof due-process equal-protection evidence-standard implicit-bias jury-verdict prima-facie racial-bias | 1. Whether the Washington Supreme Court's novel standard addressing implicit bias violates the Due Process Clause—by prohibiting counsel from presenti… |
| 22-786 | Michael Faris v. Department of the Air Force | Federal Circuit | 2023-02-21 | Denied | Response WaivedRelisted (2) | burden-of-proof comparability federal-employees leave-of-absence pension-benefits reframing-contentions uniformed-services userra | 1. Are federal employees considered a "person " for the purposes of USERRA and thereby entitled to the Rights and Benefits guaranteed to "any person "… |
| 22-789 | Town of Southold, New York v. Rossana Rosado, New York State Secretary of State, et al. | Second Circuit | 2023-02-21 | Denied | Response Waived | administrative-procedure administrative-procedures-act burden-of-proof coastal-zone-management coastal-zone-management-act deference dredge-spoil-disposal environmental-policy environmental-protection federal-consistency national-environmental-policy standing | The Environmental Protection Agency ("EPA") designated a permanent dredge spoil disposal site at the edge of the Town of Southold's border, known as t… |
| 22-742 | United Mine Workers of America 1974 Pension Plan, et al. v. Energy West Mining Company | District of Columbia | 2023-02-08 | Denied | Amici (1)Response Waived | actuarial-assumptions actuarial-determination burden-of-proof concrete-pipe discount-rate multiemployer-pension multiemployer-pension-plan pension-plan reasonable-expectations standard-practice withdrawal-liability | Under the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA), a n employer who withdraws from a n underfunded multiemployer pension plan incurs… |
| 22A722 | J.R. v. North Carolina | North Carolina | 2023-02-07 | Presumed Complete | burden-of-proof due-process-clause impartial-judge involuntary-commitment psychiatric-hospitalization trial-court-role | Whether the Due Process Clause allows a trial court to combine the roles of prosecutor and judge in proceedings for the involuntary commitment of a pe… | |
| 22-6716 | Conrado Olivo-Duron v. United States | Fifth Circuit | 2023-02-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6546 | Arty Marcel v. Tim Hooper, Warden | Fifth Circuit | 2023-01-17 | Denied | Response WaivedIFP | burden-of-proof constitutional-error fair-trial improper-amendment-of-bill-of-information ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense other-crimes-evidence reasonable-doubt sixth-amendment strickland-v-washington | 1. Reasonable jurists would determine that Mr. Marcel was denied his right to a fair and impartial trial when the Court erred in allowing other crimes… |
| 22-656 | Jeffrey A. Bentley v. United States | Third Circuit | 2023-01-17 | Denied | Response Waived | armed-career-criminal-act burden-of-proof collateral-review due-process prior-convictions section-2255 sentencing sentencing-enhancement | When a defendant shows on Section 2255 collateral review that a prior conviction is no longer a valid predicate offense under the Armed Career Crimina… |
| 22-649 | Jacinta Downing v. Abbott Laboratories, et al. | Seventh Circuit | 2023-01-12 | Denied | Response Waived | burden-of-proof circumstantial-evidence civil-rights discrimination employment employment-discrimination judicial-interpretation pretext seventh-circuit | Whether the Seventh Circuit defeated the fundamental holding of this Court's decision in Costa when it affirmed the district court's refusal to allow … |
| 22-6437 | Alan Singleton v. Tom Watson, Warden | Sixth Circuit | 2022-12-30 | Denied | Response WaivedIFP | burden-of-proof confrontation-clause criminal-procedure due-process fair-trial hearsay hearsay-testimony ineffective-assistance right-to-counsel | Did counsel provide ineffective assistance? Did the prosecution's use of the word "uncontroverted" place the burden of proof on the defendant, thereb… |
| 22-6372 | Jose Felipe Cardenas-Ramirez v. United States | Fifth Circuit | 2022-12-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6320 | Mausean Carter v. Corizon Health, Inc. | Maryland | 2022-12-16 | Denied | IFP | actual-innocence burden-of-proof civil-rights deliberate-indifference eighth-amendment evidence gross-negligence habeas-corpus medical-evidence medical-treatment successive-petition | ko (c^V '+U*L lo<*J £v' Courts & rr& r >/o dfc/ oo^- noe.ei'-t* ie burcJe, 7 oy: e£-fc,bhsh '"^ -ffae nesponcU^)-$ cLt-uh£r*\L£ fnd((^-C&ren {&- /-? … |
| 22-6302 | Selvin Omar Canales v. United States | Fifth Circuit | 2022-12-14 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 22-6162 | Donald Lee Scott v. Arizona | Arizona | 2022-11-29 | Denied | Response WaivedIFP | burden-of-proof constitutional-rights criminal-procedure due-process pre-accusation-delay prejudice prosecutorial-delay prosecutorial-discretion statute-of-limitations witness-testimony | What is the proper standard for evaluating pre-accusation delay? |
| 22-6098 | Quartshezz Leonard Lewis v. Texas | Texas | 2022-11-18 | Denied | IFP | burden-of-proof civil-rights constitutional-interpretation constitutional-law court-procedure criminal-procedure due-process equal-protection judicial-error legal-review statutory-analysis | Question not identified. |
| 22-6018 | David L. Hering v. Patti Wachtendorf, Warden | Eighth Circuit | 2022-11-08 | Denied | Response WaivedIFP | adversarial-trial burden-of-proof criminal-defense due-process ineffective-assistance insanity-defense sixth-amendment | When using insanity as a tool in the defense of a criminal defendant who plead not guilty and is strongly asserting their innocence. Does defense coun… |
| 22-5977 | Bonerge Benitez-Marquez v. United States | Fifth Circuit | 2022-11-02 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-5966 | Malachi Henessey Rodriguez v. Minnesota | Minnesota | 2022-11-01 | Denied | Response WaivedIFP | burden-of-proof character-evidence civil-rights coercion consent constitutional-rights criminal-procedure due-process evidence-admission reasonable-doubt | 1. The state failure to prove beyond a reasonable doubt that the petitioner used coercion where there was no evidence that NC communicated lack of con… |
| 22-399 | Adam Dean Brown v. Florida Department of Corrections | Eleventh Circuit | 2022-10-31 | Denied | accident-reconstruction burden-of-proof certificate-of-appealability criminal-procedure criminal-trial due-process evidence expert-testimony ineffective-assistance-of-counsel prosecutorial-misconduct traffic-accident | Did Petitioner satisfy the burden for the issuance of a certificate of appealability on his ineffective assistance of counsel claims where his trial a… | |
| 22-5915 | Charlesworth Rae v. Children's National Medical Center, et al. | District of Columbia | 2022-10-26 | Denied | IFP | burden-of-proof burden-shifting civil-procedure employment-discrimination mcdonnell-douglas-test retaliation standard-of-review supervisor-misconduct vicarious-liability | The following questions are presented: Whether the United States Court of Appeals incorrectly applied the McDonnell Douglas burden-shifting test to p… |
| 22-370 | Percy Utley v. City of Houston, Texas, et al. | Fifth Circuit | 2022-10-19 | Denied | Response Waived | 5th-circuit burden-of-proof civil-procedure civil-rights due-process fifth-circuit judicial-review pleading-standard probable-cause | 1. Whether the Fifth Circuit has so far departed from the accepted and usual application of the pleading standard as to require this Court's correctio… |
| 22-5810 | Martin Perez-Barrios v. United States | Fifth Circuit | 2022-10-12 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-5730 | Quincy Campbell v. United States | Seventh Circuit | 2022-10-03 | Denied | Response WaivedIFP | appellate-review burden-of-proof coconspirator-testimony criminal-procedure due-process judicial-error relevant-conduct sentencing sentencing-guidelines | I. Whether the district court erred by sentencing the Defendant to one twenty (120) months in light of the circumstances of the case ? II. Whether th… |
| 22-5694 | Jonathan Lopez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2022-09-27 | Denied | Response WaivedIFP | burden-of-proof constitutional-rights criminal-defendant criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-review judiciary public-confidence standing | Whether a criminal defendant is required to prove an ineffective assistance of counsel claim on the face of the record? Whether review should be gran… |
| 22-211 | Kelly Vandenberg v. University of Saint Thomas, aka University of St. Thomas (Houston) | Fifth Circuit | 2022-09-08 | Denied | burden-of-proof civil-procedure employment-discrimination pretext pretext-standard prima-facie-case reeves-v-sanderson rule-50 rule-56 summary-judgment | 1. Do the exceptions in Reeves apply under Rule 56 identically as they do under Rule 50 when the Court prohibits judges from weighing evidence and det… | |
| 22-162 | Tariq B. Alabbassi v. Christine E. Wormuth, Secretary of the Army | Fifth Circuit | 2022-08-23 | Denied | Response WaivedRelisted (2) | administrative-procedure administrative-time-limit burden-of-proof circuit-court civil-rights due-process eeo-complaint employment-discrimination federal-regulations statute-of-limitations | A- 29 C.F.R. § 1614.105(a)(1), when does the 45-day time limit start? Is it when the plaintiff became aware of the discriminatory actions or at the ti… |
| 22-5363 | Rodney Flucas v. United States | Ninth Circuit | 2022-08-16 | Denied | Response WaivedIFP | burden-of-proof criminal-intent criminal-procedure due-process federalism interstate-travel jury-instruction precedent sexual-conduct state-authority | Was the Jury Erroncously Instructed That the Government Only had to Prove That Sexual Activity Was a "Motivating Purpose" for Transportation of Person… |
| 22-5337 | Carlos Vazquez-Tellez v. United States | Fifth Circuit | 2022-08-11 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-5315 | Ryan Rydell Bonner v. Texas | Texas | 2022-08-09 | Denied | IFP | burden-of-proof censorship clear-and-present-danger constitutional-law first-amendment free-speech government-regulation statutory-vagueness | -QuESTID nI I.) CoMsfifuTlO/vlAL IavJ To-\a1 it SfftTi/tfeS,, ElRST AM0\lDM0\tT AMD STATUTORY V/AfcUENlESS : Because ; First fcMDMQvT freedoms meed Me… |
| 22-5295 | Nizar Trabelsi, aka Nizar Ben Abdelaziz Trabelsi, aka Abu Qa'Qa v. United States | District of Columbia | 2022-08-04 | Denied | Response WaivedIFP | burden-of-proof criminal-prosecution due-process extradition-treaty foreign-court-rulings judicial-deference ministerial-determination prior-prosecution willful-blindness | 1. Whether a trial court considering a request for dismissal of an indictment based on the violation of an extradition treat y's prohibition on prior … |
| 22-5126 | Davis Lamar Brooks v. United States | Fifth Circuit | 2022-07-19 | Denied | Response WaivedIFP | burden-of-proof civil-commitment conditional-release due-process fifth-circuit haldol-injection involuntary-medication involuntary-treatment mental-health preponderance-of-evidence standard-of-review | 1) Whether the Fifth Circuit erred by affirming the district court's denial of Mr. Brooks' Motion for Unconditional Release. 2) Whether the Fifth Cir… |
| 22-5104 | Nakia Adams v. United States | Third Circuit | 2022-07-14 | Denied | Response WaivedIFP | burden-of-proof criminal-indictment criminal-procedure due-process felon-in-possession indictment speedy-trial third-circuit | 1. Did the Third Circuit error by not dismissing Mr. Adams' indictment on speedy trial ground and/or the Government's failure to prove that he is a fe… |
| 22-5082 | Brian Gonzales v. California | California | 2022-07-13 | Denied | Response WaivedIFP | burden-of-proof constitutional-rights criminal-procedure due-process jury-instructions reasonable-doubt winship | Does the failure to instruct juries in criminal trials that the prosecution must prove each element of the charged crime beyond a reasonable doubt vio… |
| 22-5093 | Jerry Leon Haliburton v. Florida | Florida | 2022-07-13 | Denied | IFP | burden-of-proof capital-punishment clear-and-convincing-evidence death-penalty eighth-amendment fourteenth-amendment intellectual-disability state-law | In Atkins v. Virginia, 536 U.S. 304 (2002), this Court held that the Eighth and Fourteenth Amendments preclude the execution of defendants with intell… |
| 22-5099 | Erwin Whitter v. Merrick B. Garland, Attorney General | Eleventh Circuit | 2022-07-13 | Denied | Response WaivedIFP | advisal-statute burden-of-proof civil-rights constitutional-provisions due-process legal-rights public-defender right-to-counsel sixth-amendment | (1) The right to be granted extended time to secure counsel. (2) The Right to Obtain Burden of Proof. (i) The Right to the Sixth Amendment (Advisal … |
| 22-35 | Yufan Zhang v. UnitedHealth Group, et al. | Eighth Circuit | 2022-07-12 | Denied | Response WaivedRelisted (2) | 14th-amendment arbitration burden-of-proof due-process employment-termination equal-protection evidence-destruction intellectual-property | In this case, the evidence Zhang used to have as proof of his claims was taken away and destroyed by UnitedHealth Group at time Zhang was fired becaus… |
| 22-5053 | Jesus Perez-Solis v. United States | Fifth Circuit | 2022-07-08 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-12 | D. H. v. West Virginia Department of Health and Human Resources, et al. | West Virginia | 2022-07-05 | Denied | Response Waived | 14th-amendment burden-of-proof child-welfare due-process parental-rights state-intervention | Whether, for the purposes of the due process rights guaranteed to natural parents under the 14th Amendment, is it Constitutional to terminate the natu… |
| 22-14 | Brad Faver v. Harold W. Clarke, Director, Virginia Department of Corrections | Fourth Circuit | 2022-07-05 | Denied | Response Waived | appellate-review burden-of-proof burden-shifting civil-rights district-court-finding due-process free-speech least-restrictive-means religious-accommodation sincerely-held-belief standing vendor-policy | 1. Whether the Appellate Court erred in failing to shift the burden to the Defendant's once Mr. Faver established a sincerely held belief that was bur… |
| 21-8271 | Raul Garcia-Salazar v. United States | Fifth Circuit | 2022-06-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8276 | Isidoro Reyes-Lopez v. United States | Fifth Circuit | 2022-06-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8281 | Jose Carreon-Gonzalez v. United States | Fifth Circuit | 2022-06-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8243 | Michael Shane Bargo v. Florida | Florida | 2022-06-28 | Denied | IFP | burden-of-proof criminal-defense due-process ineffective-assistance plea-of-not-guilty presumption-of-innocence right-to-counsel sixth-amendment structural-error | Did Mr. Bargo show that a violation of his rights occurred, pursuant to McCoy, when he explicitly entered a plea of not guilty and maintained his inno… |
| 21-8231 | Fidel Torres-Villanueva v. United States | Fifth Circuit | 2022-06-24 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8211 | Richard Vincent Letizia v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2022-06-23 | Denied | IFP | burden-of-proof civil-rights constitutional-rights criminal-procedure due-process extradition federal-appeals habeas-corpus identity-dispute | 1) In the State of Texas, County exhumed without first necessary third judicial to confirm hundreds Identity? Proved by his SWAT testimony and Sworn … |
| 21-8140 | Richard Chippero v. Matthew J. Platkin, Acting Attorney General of New Jersey, et al. | Third Circuit | 2022-06-14 | Denied | Response WaivedIFP | appellate-review burden-of-proof constitutional-rights criminal-conviction criminal-procedure due-process insufficient-evidence legal-sufficiency sufficiency-of-evidence | 1. Should Petitioner's convictions be vacated because the evidence was wholly insufficient to sustain his convictions? |
| 21-8123 | Terry Malone v. Pennsylvania | Pennsylvania | 2022-06-10 | Denied | Response WaivedIFP | burden-of-proof controlled-substance criminal-procedure due-process fourteenth-amendment mandatory-presumption patterson-v-new-york rebuttable-presumption | DID THE SUPERIOR COURT VIOLATE THE DUE PROCESS CLAUSE OF THE FOUR TEENTH AMENDMENT (in its fullest context) AND THE DICTATES OF THIS COURT IN "PATTERS… |
| 21-8041 | Markentz Blanc v. United States | Eleventh Circuit | 2022-06-02 | Denied | Response WaivedIFP | burden-of-proof civil-rights constitutional-rights due-process evidence evidentiary-standards judicial-interpretation procedural-protections standing state-law vagueness-doctrine | 1. Whether an unaddressed constitutional claim not affirmatively contradicted by the record deserves relief, and if so, should review under Due proces… |
| 21-7984 | Emilio Gomez v. United States | Eleventh Circuit | 2022-05-27 | Denied | Response WaivedIFP | burden-of-proof civil-rights due-process equal-protection standing summary-judgment | Question not identified. |
| 21-7950 | Enrique Alejandro Faz v. United States | Fifth Circuit | 2022-05-24 | Denied | Response WaivedIFP | 4th-amendment burden-of-proof constitutional-responsibility drug-conversation drug-evidence due-process evidence-discovery government-agent probable-cause warrantless-search | - Whether it is unconstitutional to derive from an alleged phone call that the conversation is about drugs simply because an ag ent of the government… |
| 21-7957 | Samuel Morales v. United States | Fifth Circuit | 2022-05-24 | Denied | Response WaivedIFP | burden-of-proof circumstantial-evidence conspiracy criminal-law criminal-procedure drug-conspiracy drug-crimes elements-of-crime reasonable-doubt | Whether the government fails to prove the elements of a drug conspiracy beyond a reasonable doubt when it has only circumstantial evidence and that ev… |
| 21-1459 | Thomas Levien, et al. v. HIBU PLC, et al. | Third Circuit | 2022-05-18 | Denied | Response Waived | alternative-forum american-federal-forum burden-of-proof conditional-dismissal forum-non-conveniens judicial-discretion jurisdiction jurisdictional-analysis statute-of-limitations | The Questions Presented all apply to the standards for resolving a motion for forum non conveniens dismissal. 1. As a matter of law, is a proposed al… |
| 21-7836 | Bruce Edward Bingham, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2022-05-11 | Denied | IFP | burden-of-proof closing-arguments constitutional-ineffective-assistance criminal-procedure discovery-violation due-process due-process-violation prosecutorial-misconduct remorse right-to-counsel | Was the prosecutions remarks regarding the "conscience of the community" and "remorse" prosecutorial misconduct , or allowable argument? Was trial cd… |
| 21-7828 | Kimberly Jones v. United States | Second Circuit | 2022-05-10 | Denied | Response WaivedIFP | burden-of-proof circuit-split criminal-history criminal-sentencing drug-quantity drug-quantity-determination intervening-arrest narcotics-guidelines personal-use sentencing-guidelines | 1. Who bears the burden of proving or disproving "personal use" quantities when making drug quantity determinations for purposes of the narcotics guid… |
| 21-1404 | Sunoco Partners Marketing & Terminals L.P., et al. v. Perry Cline, Individually and on Behalf of All Others Similarly Situated | Tenth Circuit | 2022-05-02 | Denied | Response RequestedResponse WaivedRelisted (2) | appellate-jurisdiction burden-of-proof civil-procedure court-of-appeals district-court-order finality finality-doctrine good-faith-appeal protective-appeal | Whether a court of appeals can refuse to exercise its jurisdiction to determine its own jurisdiction—and instead dismiss an appeal on the ground that … |
| 21-7752 | William Edward Gray v. Arkansas | Arkansas | 2022-04-29 | Denied | Response WaivedIFP | appellate-review burden-of-proof due-process effective-assistance-of-counsel procedural-default sixth-amendment | The Arkansas law of justification, or self-defense, on the date of Petitioner William Gray's offense, recognized the right of an individual to use dea… |
| 21-1369 | Carter Page v. Oath Inc. | Delaware | 2022-04-21 | Denied | Amici (1)Response Waived | burden-of-proof defamation first-amendment passive-voice public-figure qualified-language truth-standard | 1. Does couching factual claims in qualified language and in the passive voice suffice to render them "true or substantially true" under the First Ame… |
| 21-7623 | Mary Ann Lara v. United States | Fifth Circuit | 2022-04-14 | Denied | Response WaivedIFP | Section 841 burden-of-proof controlled-substances criminal-intent criminal-law drug-quantity drug-trafficking federal-prosecution mens-rea rehaif-v-united-states statutory-interpretation | Whether, in prosecutions brought under Title 21, Section 841, the Government must prove a defendant's knowledge of drug type and quantity? |
| 21-7589 | Mark A. Brown v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. | Third Circuit | 2022-04-11 | Denied | Response WaivedIFP | appellate-review burden-of-proof constitutional-rights criminal-conviction criminal-procedure due-process evidence reasonable-doubt | Whether the Court of Appeals finding that the state Courts conviction was based on a reasonable determination of the facts in light of the evidence pr… |
| 21-7548 | Sergey Genadievich Novitskiy v. Colorado | Colorado | 2022-04-05 | Denied | IFP | bench-trial burden-of-proof constitutional-rights criminal-procedure due-process jury-trial standard-of-proof waiver | 1. Whether Petitioner's choice to proceed to a bench trial, instead of a jury trial, in a criminal case, lowers/lessens the prosecution burden of proo… |
| 21-7444 | Fnu John Sadiqullah v. United States | Sixth Circuit | 2022-03-23 | Denied | Response WaivedIFP | burden-of-proof criminal-law criminal-procedure entrapment entrapment-defense government-agent-conduct inducement jury-instructions predisposition | When a defendant requests a jury instruction on the affirmative defense of entrapment, what must be proven by the defendant to be entitled to such ins… |
| 21-7438 | Tramone Horne v. United States | Sixth Circuit | 2022-03-22 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process federal-sentencing federal-sentencing-guidelines judicial-discretion judicial-review preponderance-of-evidence sentencing-guidelines statutory-interpretation | Should the Court require proof by more than a preponderance of the evidence of facts that significantly increase the defendant's sentence range under … |
| 21-7414 | Gregory M. Hawes v. Michael Pacheco, Warden, et al. | Tenth Circuit | 2022-03-18 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process mandatory-minimum sentencing statutory-maximum | I. Whether this Court's decision in Patterson v. New York (1977), which permitted placing the burden on a criminal defendant to establish mitigating f… |
| 21-7404 | Jose Antonio Barahona-Paz v. United States | Fifth Circuit | 2022-03-17 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-1254 | Allen Bregman v. Florida | Florida | 2022-03-16 | Denied | burden-of-proof circumstantial-evidence due-process ex-post-facto fifth-amendment fourteenth-amendment pre-indictment-delay sixth-amendment tactical-advantage united-states-v-lovasco | 1. Whether United States v. Gouveia, 467 U.S. 180 (1984) departed from the two-tier test for determining a due process violation established by United… | |
| 21-7367 | Adam Shane Swindle v. S. Ma'at | Fifth Circuit | 2022-03-15 | Denied | Response WaivedIFP | burden-of-proof certiorari-standard constitutional-interpretation court-procedure cruel-and-unusual-punishment due-process habeas-corpus judicial-discretion pandemic-review record-review | -fa be ■U- he y>un<^bej QlC\ Covid /7df iv*^ K* SK ould (Ama or 0<Xjsr\ V-i7t>t-V^eci ? 'p'C© Vc' ^ "l 1_S>V yc>vjW £Kp, ( (Xtk 4-^eti ck'td Ooir Com^… |
| 21-7352 | Pedro Intzin-Guzman v. United States | Fifth Circuit | 2022-03-11 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7293 | Jose Rodriguez-Vasquez v. United States | Fifth Circuit | 2022-03-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7295 | Miguel Lerma-Reyes v. United States | Fifth Circuit | 2022-03-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-1173 | Joe Elton Nixon v. Florida | Florida | 2022-02-24 | Denied | Amici (1) | and whether Florida's burden of proof for intelle atkins-v-virginia burden-of-proof capital-punishment constitutional-law eighth-amendment fourteenth-amendment intellectual-disability teague-rule teague-v-lane | 1. In Atkins v. Virginia , 536 U.S. 304 (2002), this Court held that the Eighth and Fourteenth Amendments preclude the execution of defendants with in… |
| 21-7119 | Victor Carlos Castano v. United States | Sixth Circuit | 2022-02-15 | Denied | IFP | burden-of-proof criminal-procedure enterprise fifth-amendment grand-jury jury-instructions proffer-agreement rico-conspiracy sentencing sentencing-enhancement | A. Whether the government was impermissibly relieved of its burden to prove each element of RICO Conspiracy when the court instructed the jury that an… |
| 21-1108 | Enron Nigeria Power Holding, Limited v. United States, et al. | Fifth Circuit | 2022-02-10 | Denied | Response Waived | arbitration burden-of-proof civil-procedure commercial-activity foreign-sovereign-immunities-act international-law legal-immunity yacht-sale | 1. Whether a foreign state that makes a legal claim to a yacht, participates extensively in the sale of the yacht, and stands to benefit financially f… |
| 21-7072 | Dontrell R. Wise v. United States | Second Circuit | 2022-02-08 | Denied | Response WaivedIFP | appellate-review burden-of-proof criminal-conviction criminal-procedure drug-crimes drug-dealing due-process expert-testimony sufficiency-of-evidence | 1. A writ of certiorari is requested to determine whether the Second Circuit Court of Appeals erred in affirming Dontrell Wise's conviction which was … |
| 21-1059 | Citibank, N.A., et al. v. Irving H. Picard, Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC, et al. | Second Circuit | 2022-01-31 | Denied | Amici (1)Response Waived | 11-usc-550 avoided-transfer bankruptcy bankruptcy-trustee burden-of-proof good-faith statutory-interpretation subsequent-transferee | Whether a bankruptcy trustee seeking to recover an avoided transfer from a subsequent transferee under 11 U.S.C. 550 bears the burden of pleading and … |
| 21-7012 | Jessica Ewing v. Harold W. Clarke, Director, Virginia Department of Corrections | Fourth Circuit | 2022-01-31 | Denied | IFP | burden-of-proof counsel-performance criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel innocence judicial-discretion plea-agreement plea-bargaining post-conviction | Ms. Ewing asserts that the previcis court erred when it did not grant a C.O.A. despite the debatability of the District Court's opinion by a reasonabl… |
| 21-6974 | Alfredo Gonzalez v. Angel Quiros, Commissioner, Connecticut Department of Correction | Connecticut | 2022-01-27 | Denied | Response WaivedIFP | accessory-liability burden-of-proof criminal-procedure criminal-sentencing due-process firearm-enhancement firearms jury-determination manslaughter sentencing | Does Connecticut's statutory scheme of accessory to manslaughter in the first degree with a firearm violate Due Process, in that it allows for an incr… |
| 21-6944 | Juan Coreno-Garay v. United States | Fifth Circuit | 2022-01-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6945 | Johnnie W. Byrd, III v. David W. Gray, Warden | Sixth Circuit | 2022-01-21 | Denied | IFP | burden-of-proof certificate-of-appealability criminal-justice-system criminal-procedure due-process federal-due-process-protections federal-judicial-system food-stamps judicial-review ohio-law sixth-circuit | Johnnie Byrd's case raises an issue of national importance in the wake of our Criminal Justice Systems efforts to regain the publics confidence in it… |
| 21-6915 | Maxwell Gaffney v. United States | Ninth Circuit | 2022-01-20 | Denied | Response WaivedIFP | burden-of-proof causation criminal-law criminal-statute drug-distribution drug-trafficking federal-law foreseeability judicial-review jury-instructions proximate-cause sentencing | Kyle Rodriguez died after voluntarily using heroin. The government proved to a jury he bought it from Petitioner Maxwell Gaffney. The Government also … |
| 21-1013 | Republic of Turkey v. Lusik Usoyan, et al. | District of Columbia | 2022-01-18 | Denied | CVSGAmici (1)Response RequestedResponse WaivedRelisted (3) | burden-of-proof discretionary-function-rule foreign-sovereign-immunities foreign-sovereign-immunities-act policy-analysis policy-prong presidential-protection presidential-security-detail state-visit-security use-of-force | 1. Whether the Discretionary Function Rule within the Foreign Sovereign Immunities Act, 28 U.S.C. § 1605(a)(5)(A)—which preserves foreign sovereign im… |
| 21-1001 | Hakim Bey v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. | Third Circuit | 2022-01-14 | Denied | Response Waived | burden-of-proof constitutional-challenge constitutional-law criminal-law criminal-procedure due-process jury-instruction jury-instructions reasonable-doubt | Whether a jury instruction is unconstitutional if there is a reasonable likelihood that the jury understood it to allow conviction without proof beyon… |
| 21-6785 | Jarvis Thomas v. United States | Ninth Circuit | 2022-01-10 | Denied | Response WaivedIFP | burden-of-proof circuit-split criminal-law criminal-procedure expert-testimony federal-rules-of-evidence government-witness hypothetical-question hypothetical-questions rule-704b | Whether Fed. R. Evid. 704(b) precludes a government expert in a criminal case from opining that the defendant knowingly participated in the charged cr… |
| 21-6770 | Dave Elysee v. United States | Eleventh Circuit | 2022-01-06 | Denied | Amici (1)IFP | burden-of-proof criminal-defendant criminal-defense due-process evidence legal-procedure police-investigation presumption-of-innocence suspect-identification trial-defense | Whether a criminal defendant may mount a defense at trial based on an inadequate police investigation into another suspect. |
| 21-964 | Sherrie Rye v. Lucas County Department of Job and Family Services | Ohio | 2022-01-04 | Denied | Response Waived | adoption-and-safe-families-act burden-of-proof child-welfare civil-rights due-process family-law parental-rights santosky-standard standard-of-proof termination-of-parental-rights | In light of the Adoption and Safe Families Act (ASFA) enacted by Congress in 1997, should this Court expand the minimum burden of proof to terminate p… |
| 21-6750 | Claude Jerome Wilson, II v. United States | Eleventh Circuit | 2021-12-30 | Denied | Response WaivedIFP | 28-usc-2255 armed-career-criminal-act burden-of-proof circuit-split constitutional-rule habeas-corpus johnson-claim residual-clause sentencing-enhancement violent-felony | In Johnson v. United States, 576 U.S. 591 (2015), this Court invalidated the residual clause of the Armed Career Criminal Act, but left intact the two… |
| 21-6706 | Billy Dean Smith v. United States | Ninth Circuit | 2021-12-22 | Denied | Response WaivedIFP | burden-of-proof due-process fifth-amendment hearsay judicial-discretion sentencing uncharged-felony | Did the district court violate Mr. Smith's Fifth Amendment Due Process rights by relying on unreliable, unsupported hearsay to, first, find that Mr. S… |
| 21-851 | Richa Narang v. United States | Fourth Circuit | 2021-12-08 | Denied | burden-of-proof criminal-procedure due-process grand-jury indictment jurisdiction mens-rea reinstatement statute | 1. Whether a district court has jurisdiction to try a defendant upon a finally dismissed indictment that the government has never sought to reinstate,… | |
| 21-6521 | Jamar Allen v. Mississippi | Mississippi | 2021-12-06 | Denied | Response WaivedIFP | appellate-review burden-of-proof constitutional-provisions court-filing due-process hallucinogenic-drug judicial-process legal-document procedural-rules reasons-for-granting-writ scotus-petition victim-testimony | ms Due, Peocm o_ausl PPQQP msEX \1 TOv. DPlX DVilQEkJCb \DEVnivl\bb T\Ab PbirDDbb AS Tvlb DUbOTbb '\5 Tib Vi Cum 5 TX5T\<v\OkJf iDDo DDlA TbSIPlEO … |
| 21-827 | Darek J. Kitlinski, et ux. v. Department of Justice, et al. | Fourth Circuit | 2021-12-06 | Denied | Response WaivedRelisted (2) | burden-of-proof discriminatory-animus employee-rights employment-discrimination employment-rights federal-employment military-service protected-status reemployment-rights userra | Whether, to shift the burden of proof to the employer in a Uniformed Services Employment and Reemployment Rights Act (USERRA) case, the employee must … |
| 21-825 | Persephone Johnson Shon v. Bogdan Radu | Ninth Circuit | 2021-12-03 | GVR | Response RequestedResponse WaivedRelisted (3) | ameliorative-measures article-13b burden-of-proof child-abduction custody-dispute grave-risk hague-convention international-child-abduction international-law | The Hague Convention on the Civil Aspects of International Child Abduction generally requires that children wrongfully removed or retained from their … |
| 21-6487 | Lisa Marie Cano v. United States | Ninth Circuit | 2021-12-01 | Denied | Response WaivedIFP | burden-of-proof civil-procedure court-of-appeal court-of-appeals evidence historical-facts inevitable-discovery investigating-officer investigation verification | Whether a court of appeal's inference regarding the future course of an investigation, unsupported by testimony from the investigating officer or by e… |
| 21-816 | Melvyn Gear v. United States | Ninth Circuit | 2021-12-01 | Denied | appellate-procedure burden-of-proof criminal-law due-process firearms greer-v-united-states legal-status plain-error rehaif-v-united-states statutory-interpretation | This case presents two questions for review. 1. In Rehaif v. United States, 139 S.Ct. 2191 (2019), this Court held in a prosecution under 18 U.S.C. §… | |
| 21-6439 | John Joseph Rushinsky, Jr. v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. | Ninth Circuit | 2021-11-30 | Denied | Response WaivedIFP | burden-of-proof constitutional-rights criminal-law criminal-procedure due-process habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel prejudice strickland-standard | 1. May the state, consistent with Due Process, sweepingly criminalize a broad range of conduct embracing both innocent and culpable behavior and assig… |
| 21-782 | Rodney Renia Young v. Georgia | Georgia | 2021-11-24 | Denied | Amici (4) | burden-of-proof capital-punishment constitutional-rights due-process eighth-amendment intellectual-disability state-law | Georgia requires persons with intellectual disability to prove their disability 'beyond a reasonable doubt' in order to vindicate their Eighth Amendme… |
| 21-6310 | Carlos Santos v. Christine Brannon-Dortch, Warden | Seventh Circuit | 2021-11-18 | Denied | Response WaivedIFP | burden-of-proof circuit-split extraneous-information habeas-corpus jury-deliberations prejudice remmer-hearing | In Remmer v. United States, 347 U.S. 227 (1954), the United States Supreme Court held that when extraneous information enters into a jury's deliberati… |
| 21-6275 | David Wayne Dooley v. Kentucky | Kentucky | 2021-11-16 | Denied | Response WaivedIFP | arizona-v-youngblood burden-of-proof civil-procedure confrontation-rights criminal-defendant criminal-procedure due-process evidence evidence-spoliation separation-of-witnesses state-action | 1. Is Due Process violated when a criminal defendant must bear the burden of showing bad faith in order to be entitled to a missing evidence instructi… |
| 21-6300 | Ricky Cardenas v. United States | Fifth Circuit | 2021-11-16 | Denied | Response WaivedIFP | burden-of-proof circuit-split criminal-procedure criminal-sentencing due-process judicial-procedure objection-standard presentence-report sentencing unjust-incarceration | Whether the defendant bears a burden to disprove adverse conclusions of a Presentence Report? |
| 21-709 | Jacob Clark, et ux. v. Bernadette Stone, et al. | Sixth Circuit | 2021-11-15 | Denied | Response Waived | 42-usc-1983 4th-amendment burden-of-proof child-protective-services civil-rights home-invasion home-privacy qualified-immunity warrantless-search warrantless-searches | 1. Whether qualified immunity applies to shield from liability child protective services case workers who repeatedly conduct warrantless searches of a… |
| 21-6249 | Daniel Rosa v. Bruce Gelb, Superintendent, Souza Baranowski Correctional Center | First Circuit | 2021-11-12 | Denied | Response WaivedIFP | burden-of-proof certificate-of-appealability constitutional-rights criminal-law due-process habeas-corpus retroactive-application statutory-interpretation | Whether a Court of Appeal's decision that failed to provide a reasoned justification for denying a Certificate of Appealability, but rather stated onl… |
| 21-6164 | Julia Lagunas-Hernandez v. United States | Eighth Circuit | 2021-11-04 | Denied | Response WaivedIFP | burden-of-proof cell-phone-search constitutional-rights defense-counsel fair-trial jury marital-communication marital-communications prosecutorial-misconduct trial-strategy | 1. Whether the United States committed prosecutorial misconduct, depriving Petitioner of a fair trial when it shifted burden of proof by stating that … |
| 21-633 | Gustavo Placancia-Rosendo v. United States | Fifth Circuit | 2021-10-29 | Denied | Response Waived | acceptance-of-responsibility burden-of-proof criminal-procedure due-process plea-agreement relevant-conduct sentencing standard-of-proof | A defendant who pleads guilty will face a presentence investigation report, the results of which will guide the District Court in affixing sentence. A… |
| 21-579 | Kenneth Eugene Smith v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. | Eleventh Circuit | 2021-10-20 | Denied | accomplice-liability burden-of-proof capital-sentencing constitutional-rights due-process eighth-amendment fourteenth-amendment jury-instructions jury-trial sixth-amendment specific-intent | 1. Under Waddington v. Sar ausad, 555 U.S. 179 (2009), when a conviction requires that the State prove beyond a reasonable doubt that the defendant ha… | |
| 21-5996 | Jayson Thomas Weiss v. California | California | 2021-10-19 | Denied | IFP | appellate-review burden-of-proof criminal-procedure due-process standard-of-review sufficiency-of-evidence | Question not identified. |
| 21-5989 | Jeffrey G. Boyd v. United States | Third Circuit | 2021-10-18 | Denied | Response WaivedIFP | burden-of-proof circuit-split contested-element criminal-procedure due-process harmless-error jury-instruction jury-instructions knowledge-element standard-of-review | Based on this Court's harmless error jurisprudence and that of seven other circuits, the government must establish beyond a reasonable doubt that an e… |
| 21-544 | Joshua O. Thomas v. Farmers Insurance Exchange | Tenth Circuit | 2021-10-13 | Denied | Response Waived | appellate-review burden-of-proof civil-procedure genuine-issue-of-material-fact inference-standard judicial-precedent material-fact standard-of-review summary-judgment | Whether the district court and court of appeals have effectively abrogated this Court's binding precedent for reviewing a motion for summary judgment—… |
| 21-5926 | Rimma Kunik v. New York City Department of Education, et al. | Second Circuit | 2021-10-07 | Denied | Response WaivedRelisted (3)IFP | age-discrimination burden-of-proof civil-rights discrimination discriminatory-intent employment employment-discrimination religious-discrimination standard-of-review workload-comparison workplace-harassment | 1. Quotes in the Order (p.6'4-7; p.9-8-13)issued by the Court of Appeal on 5/13/2021 such as "Kunik did not allege any overt discrimination (emphasis … |
| 21-5910 | Carlos Sauzo v. United States | Fifth Circuit | 2021-10-06 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment burden-of-proof constitutional-rights credibility due-process evidentiary-hearing fifth-amendment inconclusive-record judicial-review sixth-amendment | Does the Fifth and Sixth Amendment require the lower court to address an evidentiary hearing when the record before the court is inconclusive as to wh… |
| 21-5715 | Ronald George Whitehouse v. United States | Fifth Circuit | 2021-09-21 | Denied | Response WaivedIFP | appellate-review burden-of-proof co-defendant criminal-procedure drug-offenses drug-quantity due-process fifth-circuit probation-officer reversible-error sentencing | 1. THE PETITIONER OBJECTED TO THE PROBATION OFFICER'S CONCLUSION THAT THIS DEFENDANT WAS RESPONSIBLE TO 10 KILOS OF METHAMPHETAMINE AS A RESULT OF GIV… |
| 21-5735 | Juan Manuel Lira-Salinas v. United States | Fifth Circuit | 2021-09-21 | Denied | Response WaivedIFP | burden-of-production burden-of-proof criminal-procedure defendant-rights due-process fifth-circuit sentencing | Whether the Fifth Circuit's practice of shifting the burden of production and proof to the defendant at sentencing violates a defendant's Due Process … |
| 21-5553 | F. Daly v. Maine | Maine | 2021-09-03 | Denied | Response WaivedIFP | beyond-reasonable-doubt boyde-v-california burden-of-proof constitutional-standard criminal-procedure due-process jury-instructions standard-of-proof sullivan-v-louisiana witness-testimony | The testimony of a single witness is sufficient to prove any fact and would justify a verdict in accordance with such testimony even if a number of wi… |
| 21-5574 | Walter Manuel Marques-Mejia v. United States | Fifth Circuit | 2021-09-03 | Denied | Response WaivedIFP | Almendarez-Torres burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 21-5499 | Joel Reyna-Aragon v. United States | Fifth Circuit | 2021-08-30 | Denied | Response WaivedIFP | burden-of-proof court-of-appeals-division federal-sentencing-guidelines molina-martinez-v-united-states presumption-of-prejudice sentencing-error | 1. Whether an error in applying the Federal Sentencing Guidelines occasions a presumption of prejudice? 2. What is the government's burden of persuas… |
| 21-5523 | Amos Kiprop Koech v. United States | Eighth Circuit | 2021-08-30 | Denied | Response WaivedIFP | burden-of-proof cell-phone-evidence criminal-law criminal-statute federal-statutes interstate-commerce jurisdictional-element jury-instruction reasonable-doubt | I. Does the jurisdictional element "in or affecting interstate commerce" in federal criminal statutes require an actual effect on interstate commerce … |
| 21-5504 | Eric Worley v. United States | Sixth Circuit | 2021-08-26 | Denied | Response WaivedIFP | base-offense-level burden-of-proof confrontation-clause criminal-procedure drug-quantity evidence preponderance-of-evidence presentence-report sentencing sentencing-guidelines | The Appellant's Appeal was denied on June 1, 2021 by the Sixth Circuit Court of Appeals. In this case, the Appellant raised one (1) issue for determin… |
| 21-5420 | Naim Rasool Muhammad v. Texas | Texas | 2021-08-20 | Denied | IFP | burden-of-proof capital-case constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prejudice preponderance-of-the-evidence strickland-standard strickland-v-washington texas-court-of-criminal-appeals | 1. Whether a habeas court violates Strickland and decades of this Court's precedent by imposing a "preponderance of the evidence" standard for prejudi… |
| 21-5388 | Wilbert Kelly, Jr. v. Louisiana | Louisiana | 2021-08-18 | Denied | Response WaivedIFP | age-restriction burden-of-proof constitutional-interpretation criminal-procedure due-process legal-standing post-conviction-relief presumption-of-innocence public-official sufficiency-of-evidence supreme-court-jurisdiction | Have The PElitioner Beon Reovided With Fundamental Due Process According To The United Stales Constilulions By His Slate CauFts? |
| 21-5400 | Maria Gonzalez Maldonado v. United States | Eleventh Circuit | 2021-08-17 | Denied | Response WaivedIFP | burden-of-proof conspiracy criminal-law criminal-procedure drug-conspiracy drug-trafficking federal-sentencing methamphetamine-possession minor-participant sentencing sentencing-guidelines | 1. Did Maria Gonzalez Maldonado conspire to possess and/or actually and knowingly possess between 5kg-15kg kilograms of methamphetamine pursuant to U.… |
| 21-5303 | William Pruitt v. United States | Eleventh Circuit | 2021-08-06 | Denied | Response WaivedIFP | allen-charge burden-of-proof criminal-procedure due-process judicial-error judicial-instruction jury-coercion jury-deadlock jury-instructions retrial trial-procedure | I. WHETHER THE APPEALS COURT ERRED IN AFFIRMING THE USE OF ITS PATTERN MODIFIED "ALLEN" CHARGE WITH A DEADLOCKED JURY, EXPRESSLY REFERENCING THE TIME,… |
| 21-167 | Timothy Dasler v. Jennifer Dasler | Vermont | 2021-08-05 | Denied | 14th-amendment burden-of-proof civil-procedure constitutional-rights due-process ex-parte-action fraud-upon-court fraud-upon-the-court pre-trial-election standing | Fraud Upon the Court is necessarily a sliding scale. When a state process allows a party to waive their own burden of proof through pre-trial election… | |
| 21-151 | Feanyichi Ezekwesi Uvukansi v. Texas | Texas | 2021-08-03 | Denied | Response RequestedRelisted (16) | brady-violation burden-of-proof due-process eyewitness-identification false-testimony habeas-corpus materiality materiality-standard prosecutorial-misconduct | Petitioner was convicted of capital murder and sentenced to life without parole based on the identification testimony of a single eyewitness who was t… |
| 21-5091 | Brian Dunkley v. Shawn Phillips, Warden | Sixth Circuit | 2021-07-14 | Denied | Response WaivedIFP | burden-of-proof circuit-split criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining strickland-standard strickland-v-washington | Whether the Sixth Circuit Court of Appeals has entered a decision in conflict with decisions of another United States court of Appeals on the same i… |
| 21-5054 | Kevin Antonio Watson v. Virginia | Virginia | 2021-07-08 | Denied | IFP | appellate-review burden-of-proof constitutional-rights criminal-procedure due-process evidence-sufficiency habeas-corpus ninth-circuit prosecutorial-misconduct reasonable-doubt sufficiency-of-evidence | L. Vjke-tlwi Obfhr -tine m //sA-A/^ s-P Pku&rafat lb PfoS^ec-U-hcun j as\^ ra-h 4iri €/r> oF'' '. P4< l4 £ouI 4 kat/e-f'kut'id *ffhe_ Vc&afAfaaf^ tfnT… |
| 20-8345 | Ricky Parkerson v. United States | Fifth Circuit | 2021-06-17 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-production burden-of-proof confrontation-clause due-process sentencing sixth-amendment | 1. Whether the Fifth Circuit's practice of shifting the burden of production and proof to the defendant at sentencing violates a defendant's Due Proce… |
| 20-8328 | Juan E. Seary-Colon v. United States | First Circuit | 2021-06-16 | Denied | Response WaivedIFP | appellate-review burden-of-proof constitutional-challenge conviction-review criminal-procedure due-process insufficient-evidence legal-sufficiency procedural-review standard-of-review sufficiency-of-evidence | Whether Evidence was Totally Insufficient for the Conviction to Stand. |
| 20-8334 | Jerome Williams v. United States | Eleventh Circuit | 2021-06-16 | Denied | Response WaivedIFP | 2255-motion acca armed-career-criminal-act burden-of-proof eleventh-circuit habeas-corpus johnson-precedent johnson-v-united-states legal-landscape section-2255 sentencing-review | Where a § 2255 movant relies on evidence of the legal background at the time of his sentencing to prove he was sentenced under an unconstitutional law… |
| 20-1745 | Richard Sylvester v. United States | First Circuit | 2021-06-16 | Denied | 4th-amendment burden-of-proof community-caretaking fourth-amendment investigatory-motive law-enforcement-procedure police-policy probable-cause subjective-intent totality-of-circumstances vehicle-impound vehicle-impoundment | 1. In order for a vehicle impound to be consonant with the Fourth Amendment, must a police officer comply with established impound policies and proced… | |
| 20-1754 | Lawrence Joey Smith v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2021-06-16 | Denied | Response Waived | appellate-procedure burden-of-proof certificate-of-appealability circuit-court-review criminal-procedure due-process jury-instructions prosecutorial-argument prosecutorial-misconduct reasonable-doubt | 1. Is it objectionable for a prosecutor to argue to the jury that a lack of evidence does not give rise to a reasonable doubt? 2. Is the Eleventh Cir… |
| 20-8231 | Kevin Thomas Seigler v. United States | Fourth Circuit | 2021-06-04 | Denied | IFP | appellate-review burden-of-proof circuit-split conspiracy criminal-conspiracy criminal-law drug-distribution due-process federal-courts single-transaction | 1. Is evidence of a single sale of illegal drugs, from one seller to one buyer, sufficient to support a conviction for conspiracy to distribute illega… |
| 20-8147 | Hasan Shareef v. William O'Donnell, et al. | Third Circuit | 2021-05-26 | Denied | Relisted (2)IFP | burden-of-proof civil-rights due-process employment equal-protection standard-of-review | Question not identified. |
| 20-8127 | Guillermo Martinez-Torres v. United States | Tenth Circuit | 2021-05-25 | Denied | Response WaivedIFP | 4th-amendment admissibility-of-evidence burden-of-proof circuit-split evidence-suppression exclusionary-rule fourth-amendment illegal-search suppression-of-evidence | Once a Fourth Amendment violation is established, does the defendant have the burden to prove the violation was the "but for" cause of the subsequent … |
| 20-1616 | ComicMix, LLC, et al. v. Dr. Seuss Enterprises, L.P. | Ninth Circuit | 2021-05-19 | Denied | Response Waived | burden-of-proof circuit-split copyright-act copyright-law de-novo-review exclusive-rights fair-use market-effect | (1) Whether fair use is a right of authors, thus placing the burden on plaintiffs to prove that fair use does not apply on defendants who assert that … |
| 20-1599 | John Doe 7, et al. v. Chiquita Brands International, Inc. | Eleventh Circuit | 2021-05-17 | Denied | Amici (6)Response RequestedResponse WaivedRelisted (2) | burden-of-proof civil-procedure confidentiality disclosure modification-standard protective-order rule-26c stipulated-order stipulation | Rule 26(c) of the Federal Rules of Civil Procedure allows courts to grant protective orders, for good cause shown, regarding information produced by a… |
| 20-8035 | James W. Moore v. Ohio | Ohio | 2021-05-14 | Denied | IFP | 14th-amendment burden-of-proof castle-doctrine due-process duty-to-retreat effective-assistance-of-counsel fourteenth-amendment jury-instructions self-defense | (1) Is Ohio's Castle Doctrine unconstitutional as it does not include one's entire property as the residence while a person acting in self-defense is … |
| 20-1538 | Angela W. DeBose v. University of South Florida Board of Trustees, et al. | Eleventh Circuit | 2021-05-04 | Denied | bad-faith burden-of-proof civil-procedure independent-action judicial-fraud res-judicata rule-60 rule-60(b) rule-60(d) | 1. Whether a Rule 60(d) Independent Action to Attack a Final Judgment is a continuation or re-litigation of the prior case, barred by the doctrine of … | |
| 20-7852 | John Elmer v. Louisiana | Louisiana | 2021-04-26 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process in-re-winship jackson-v-virginia sufficiency-of-evidence | 1. Reasonable jurists would determine that the State failed to meet the stringent burden of proof as established by Jackson v. Virginia and In re: Win… |
| 20-7830 | Firas M. Ayoubi v. Wexford Health Sources, Inc., et al. | Seventh Circuit | 2021-04-23 | Denied | Response WaivedIFP | burden-of-proof canton-analysis civil-rights deliberate-indifference due-process likelihood-on-the-merits monell-claim preliminary-injunction seventh-circuit supreme-court-precedent | 1: Did the Seventh Circuit s decision put an unreasonable require ment and hieghtened burden of proof in establishing likelihood the merits at the p… |
| 20-1466 | Hermandad de Empleados del Fondo del Seguro del Estado, Inc., et al. v. Commonwealth of Puerto Rico, et al. | First Circuit | 2021-04-20 | Denied | Response RequestedResponse WaivedRelisted (2) | burden-of-proof constitutional-law contract-clause fiscal-crisis heightened-scrutiny legislative-impairment public-contract reasonableness-and-necessity | 1. Whether placing the burden of proof on the plaintiffs regarding the reasonableness and necessity of a legislation that impaired a public contract c… |
| 20-7772 | Tanelle M. Jefferson v. Ohio | Sixth Circuit | 2021-04-16 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process hearsay reasonable-doubt sufficiency-of-evidence | Whether or not the State of Ohio proved the petitioner's guilt "Beyond a Reasonable Doubt"? (1) All elements the offenses must be proved to the jury w… |
| 20-7793 | Edgar Ivan Lira Estrada v. United States | Fifth Circuit | 2021-04-16 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-7757 | James L. Toliver v. Florida | Florida | 2021-04-14 | Denied | Response WaivedIFP | burden-of-proof constitutional-rights criminal-procedure due-process equal-protection harmless-error jury-instructions standard-of-review | The question(s) presented in this case is whether similarly situated criminal defendants should be treated equally in pipeline cases where erroneous j… |
| 20-7684 | Richard S. Glenn, Jr. v. United States | Sixth Circuit | 2021-04-07 | Denied | Response WaivedIFP | administrative-law burden-of-proof civil-rights constitutional-law due-process federal-jurisdiction government-action judicial-review legal-precedent standing | Whether the Lower Court applied too high a standard or a burden of proof as a matter of law, petitioner argues. |
| 20-1372 | John Chambers v. Texas | Texas | 2021-03-31 | Denied | burden-of-proof due-process fourteenth-amendment governmental-record statutory-defense tampering-statute texas-tampering-with-governmental-record unforeseeable-judicial-expansion | 1. Whether the Court of Appeals violated the Due Process Clause of the Fourteenth Amendment by making an unforeseeable and retroactive judicial expans… | |
| 20-7590 | Billy Earl Parker v. Oklahoma | Oklahoma | 2021-03-29 | Denied | IFP | burden-of-proof civil-liberties constitutional-rights criminal-procedure due-process equal-protection evidence habeas-corpus judicial-review legal-procedure statutory-interpretation | I. IS AN pro-sELitiaANT eNtitIEb to relcive CourT procecdinqs NO NO INDONNNUbND OO 21 violatetheeiqth AmevomeNt 3 ON A ACTUAL FALTWALINNOCENCE CLAIM 4… |
| 20-7591 | Herminio Perales-Perez v. United States | Fifth Circuit | 2021-03-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-determination jury-trial prior-conviction prior-convictions sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 20-7543 | Victor Real-Alomar, aka Toston v. United States | First Circuit | 2021-03-24 | Denied | Response WaivedIFP | appeal appeal-waiver burden-of-proof constitutional-rights criminal-procedure first-amendment ninth-amendment plea-agreement plea-bargaining pretrial-detainee waiver | A. Whether a criminal defendant must raise the issue of nonapplicability of a waiver of appeal in his opening brief or whether it falls upon the gover… |
| 20-7456 | Rafael Ayala-Solorio v. United States | Fifth Circuit | 2021-03-15 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-7232 | Raul Almanza-Portillo v. United States | Fifth Circuit | 2021-02-24 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-7220 | Antonio Diaz-Agurcia v. United States | Fifth Circuit | 2021-02-23 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-7139 | Chayce Aaron Anderson v. Colorado | Colorado | 2021-02-12 | Denied | IFP | burden-of-proof constitutional-rights criminal-procedure double-jeopardy due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel right-to-counsel substitute-counsel | 1. Whether the Appellate Court abused its discretion in denying Mr. Anderson's request for the appointment of substitute Counsel since defense Counsel… |
| 20-1101 | Taniesheia Harden v. Comcast Corporation | Seventh Circuit | 2021-02-10 | Denied | Response Waived | 42-U.S.C.-§-1981 42-usc-1981 burden-of-proof civil-procedure commercial-establishment court-of-appeals pleading-standard summary-judgment unsettled-law | Is the grant of summary judgment proper when the movant does not meet its burden? |
| 20-7083 | Jeremy Brown v. United States | Sixth Circuit | 2021-02-08 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 5th-amendment burden-of-proof collateral-review criminal-defendant criminal-procedure due-process presumption-of-innocence rehau-v-united-states retroactive-application | Whether A Criminal Defendant Substantial Rights To DUE ProcESS Under ThE Fifth Amendment OF ThE UnitEd States Constitution Denied In Light oF Rehaif v… |
| 20-6958 | Luis C. Paulino v. Thomas Griffin, Superintendent, Green Haven Correctional Facility | Second Circuit | 2021-01-28 | Denied | Response WaivedIFP | 2nd-amendment burden-of-proof civil-rights constitutional-rights criminal-procedure due-process equal-protection justification-defense self-defense standing takings | WHETHER A DEFENDANT IN CERTAIN SITUATIONS MAY BE UPON PRESUMPTION OF VINDICTIVENESS FOR EXERCISING RIGHT TO TRIAL WHETHER PRO-SE PLEADINGS IN THE UNI… |
| 20-6931 | Christopher Shawn Landreneau v. United States | Fifth Circuit | 2021-01-26 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof circuit-split criminal-procedure due-process evidence fifth-amendment presentence-report sentencing sentencing-guidelines | Whether a district court may, consistent with the Due Process Clause of the Fifth Amendment and Rule 32 of the Federal Rules of Criminal Procedure, re… |
| 20-6884 | Luis Alberto Andrade-Salas v. United States | Fifth Circuit | 2021-01-14 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-6851 | Jeffrey Lee Atwater v. Florida | Florida | 2021-01-13 | Denied | IFP | burden-of-proof constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel mccoy-v-louisiana right-to-counsel sixth-amendment | 1. Did Mr. Atwater show a violation of the right to determine the objective of his defense and his right to hold the State to its burden of proof of e… |
| 20-6778 | Richard Anderson v. United States | Second Circuit | 2021-01-05 | Denied | Response WaivedIFP | burden-of-proof courtroom-closure criminal-procedure family-member-exclusion public-trial sixth-amendment triviality-exception waller-v-georgia | On October 4, 2013, and again on December 4, 2013, Kevin Felton, a friend of Mr. Anderson, tried to attend Mr. Anderson's trial. On both occasions, wi… |
| 20-6741 | Peter J. McDaniels v. Kathleen Preito, et al. | Ninth Circuit | 2020-12-31 | Denied | Response WaivedIFP | burden-of-proof civil-rights constitutional-rights document-request due-process evidence evidence-withholding legal-discovery spoliation state-officials summary-judgment | Question not identified. |
| 20-6732 | Adams Joel Forty-Febres v. United States | First Circuit | 2020-12-30 | Denied | Response WaivedIFP | appellate-review burden-of-proof criminal-conviction criminal-procedure due-process evidence-insufficiency first-circuit judicial-review standard-of-review statutory-interpretation sufficiency-of-evidence | Whether Evidence was Totally Insufficient for the Conviction to Fairly Stand. |
| 20-6698 | Richard H. Morrison v. Florida | Florida | 2020-12-23 | Denied | Response WaivedIFP | appellate-review burden-of-proof constitutional-procedure criminal-procedure due-process evidentiary-burden habeas-corpus legal-burden procedural-standard state-courts state-jurisdiction | DO THE STATE HAVE THE BURDEN, AND THEN THAT BURDEN SHIFT BACK TO THE DEFENDANT TO CHALLENGE? |
| 20-6626 | Ihab Masalmani v. Michigan | Michigan | 2020-12-15 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof cruel-and-unusual-punishment due-process irreparable-corruption juvenile-justice juvenile-sentencing life-without-parole miller-hearing | I. Whether the government must bear the burden of proof at a Miller hearing that a juvenile is irreparably corrupt, consistent with juveniles' rights … |
| 20-6624 | Aaron Michael Aguilera v. California | California | 2020-12-14 | Denied | Response WaivedIFP | burden-of-proof criminal-defendant criminal-defendant-rights due-process fair-trial harmless-error jury-instructions presumption-of-innocence right-to-testify structural-error | 1. Consistent with a criminal defendant's fundamental right to testify in his or her own defense — as well as the right to present a complete defense,… |
| 20-790 | Reginald Eric Sprowl v. Mercedes-Benz U.S. International, Inc. | Eleventh Circuit | 2020-12-09 | Denied | Response Waived | burden-of-proof burden-shifting civil-procedure civil-rights disparate-treatment employment-discrimination mcdonnell-douglas prima-facie-case summary-judgment | 1. Should the McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) burden shifting test remain a part of the summary judgment analysis? |
| 20-6559 | Jesus Villarreal-Ramirez v. United States | Fifth Circuit | 2020-12-08 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 20-6565 | Simon Quinn v. Louisiana | Louisiana | 2020-12-08 | Denied | Response WaivedIFP | burden-of-proof criminal-intent criminal-investigation criminal-procedure homicide-investigation obstruction-of-justice reasonable-doubt specific-intent statutory-interpretation underlying-conviction | Reasonable jurist would debate that the State failed to meet its burden of proof of beyond a reasonable doubt that Mr. Quinn is guilty of the offense … |
| 20-6517 | Elvis Basic v. United States | Eighth Circuit | 2020-12-04 | Denied | Response WaivedIFP | burden-of-proof circuit-split criminal-procedure drug-quantity federal-sentencing judicial-discretion sentencing sentencing-guidelines standard-of-review | 1. Whether a federal district court must use the "err on the side of caution" principle when approximating the drug quantity? |
| 20-770 | John Nypl v. JPMorgan Chase & Co., et al. | Ninth Circuit | 2020-12-04 | Denied | Response Waived | burden-of-proof civil-procedure federal-law federal-rules-civil-procedure judicial-deference motion-to-quash non-party-witness nonparty-witness rule-45 subpoena subpoena-compliance | Whether this Court should decide an important question of federal law that has not been, but should be, settled by this Court, with regard to the appl… |
| 20-6524 | Joshua D. Myers v. Georgia | Georgia | 2020-12-03 | Denied | IFP | burden-of-proof consent criminal-law criminal-procedure due-process jury-instructions lesser-included-offense sexual-assault sexual-battery standard-of-proof trial-court-discretion trial-procedure | Whether the State proved the essential element of "without the consent" beyond a reasonable doubt. Whether the trial court's refusal to charge the le… |
| 20-761 | Austin Joseph Campbell v. Missouri | Missouri | 2020-12-02 | Denied | Response Waived | burden-of-proof consent criminal-law due-process jury-instructions sexual-assault | 1. Is evidence that a complainant does not remember giving consent, and states that she awoke from sleep during the sexual encounter, legally sufficie… |
| 20-6494 | Jose Andres Vera-Gutierrez v. United States | Eighth Circuit | 2020-12-01 | Denied | Response WaivedIFP | appellate-review burden-of-proof criminal-procedure due-process evidence evidentiary-error harmless-error witness-credibility | WHETHER ERRONEOUSLY ADMITTED EVIDENCE CRITICAL TO PROVING AN ELEMENT OF THE CHARGED OFFENSE CAN BE DEEMED HARMLESS BASED ON THE APPELLATE COURT'S DETE… |
| 20-6408 | Jose Hilario Fernandez-Vargas v. United States | Fifth Circuit | 2020-11-23 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-6395 | Howard Griffith v. New York | New York | 2020-11-20 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof coram-nobis defense-counsel-discovery due-process ny-correction-law procedural-default severability sex-offender-registration sora-modification | Doe v Pataki, 3 F.Supp.2d 456 (SD NY 1998) provides that the People carry the burden of proving the facts to support the recommended registration clas… |
| 20-6389 | Tomas Martinez-Rodriguez v. United States | Fifth Circuit | 2020-11-19 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-681 | Daniel E. Larkin, et ux. v. Commissioner of Internal Revenue | District of Columbia | 2020-11-17 | Denied | Response Waived | burden-of-production burden-of-proof civil-procedure irs irs-restructuring judicial-review penalties statutory-interpretation supervisory-approval tax-law tax-penalties | 1. Does the Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, 112 Stat. 685, Title III, which enacted new sections 6751 … |
| 20-6296 | David Lague v. United States | Ninth Circuit | 2020-11-13 | Denied | IFP | burden-of-proof civil-procedure evidence evidence-admissibility intent prior-acts rule-404(b) rule-404b statistical-comparison statistics unlawful-acts unlawful-intent | Rule 404(b) prohibits evidence of a defendant's uncharged acts that "might adversely reflect on the actor's character," unless the evidence helps prov… |
| 20-6313 | Kevin Merritt v. United States | Fifth Circuit | 2020-11-13 | Denied | Response WaivedIFP | burden-of-proof circuit-split criminal-procedure due-process judicial-review presentence-report procedural-objection sentencing sentencing-unreasonableness | 1. Whether Holguin-Hernandez v. United States, __U.S.__, 140 S.Ct. 762 (2020), is relevant to the objections necessary to preserve claims of procedura… |
| 20-6275 | William Ford v. Mike Parris, Warden | Sixth Circuit | 2020-11-12 | Denied | IFP | burden-of-proof ineffective-assistance ineffective-assistance-of-counsel ineffective-assistance-of-post-conviction-counsel post-conviction-counsel prejudice-prong procedural-default self-defense sufficiency-of-the-evidence trial-counsel | 1. WOULD JURIST OF REASON DISAGREE AND FIND DEBATABLE THE CORRECTNESS OF THE SIXTH AND DISTRICT COURTS' FINDING OF EFFECTIVE ASSISTANCE OF COUNSEL WHE… |
| 20-6276 | Arek R. Fressadi v. Arizona, et al. | Arizona | 2020-11-12 | Denied | Response WaivedIFP | burden-of-proof constitutional-violations court-rules due-process equal-protection first-amendment ineffective-assistance judicial-misconduct judicial-review oath-of-office procedural-default self-defense state-law supreme-court trial-counsel venue-transfer venue-transfer 20-6275" Would a jurist of reason find debatable the correc | 1) Whether failures to apply mandatory language of the U.S. Constitution, U.S. Supreme Court rulings, state law, and court rules are violations of the… |
| 20-617 | California Virtual Academies v. California Public Employment Relations Board | California | 2020-11-09 | Denied | Response Waived | burden-of-proof constitutional-law due-process labor-relations prima-facie-case retaliation wright-line-test | In making a determination as to whether a charging party has established its "prima facie case" of unlawful retaliation due to union activity accordin… |
| 20-6226 | Carlos Maez v. United States | Seventh Circuit | 2020-11-05 | Denied | Relisted (2)IFP | appellate-review burden-of-proof criminal-procedure judicial-proceedings jury-instructions jury-verdict olano-standard plain-error plain-error-test sixth-amendment standard-of-review | The Sixth Amendment requires that no person be convicted of a felony except on a finding by a jury that the government has proved its case beyond a re… |
| 20-560 | Brian Sullivan, et al. v. Nassau County Interim Finance Authority, et al. | Second Circuit | 2020-10-29 | Denied | Response Waived | burden-of-proof constitutional-law contract-clause emergency-measure government-contracts less-deferential-standard reasonable-and-necessary state-impairment wage-freeze | In 2011, a New York State-created oversight authority, the Nassau County Interim Finance Authority ("NIFA"), along with Nassau County (the "County"), … |
| 20-6156 | Arlene Hernandez v. United States | Fifth Circuit | 2020-10-28 | Denied | Response WaivedIFP | black-v-romano burden-of-proof controlled-substances drug-identification due-process fundamental-fairness probation-revocation state-narcotics texas-narcotics | Whether the Government's failure to prove a suspected substance is actually a dangerous drug or controlled substance in a probation revocation case pr… |
| 20-6141 | David William Smith v. United States | Fourth Circuit | 2020-10-27 | Denied | Response WaivedIFP | burden-of-proof confrontation-clause evidence-rule-701 expert-testimony hearsay-evidence law-enforcement-testimony lay-opinion professional-experience rule-701 rule-702 testimonial-hearsay | This Petition will permit the Court to resolve two profound splits among the federal courts of appeals. The first circuit split concerns when, if at … |
| 20-6070 | James Dee Gilmore, Jr. v. United States | Ninth Circuit | 2020-10-19 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process evidence-admissibility interrogation-techniques miranda-rights sixth-amendment voluntary waiver | 1. In failing to require the government to meet its heavy burden to show that defendant's post–invocation waiver of his Miranda rights, including his … |
| 20-6025 | Steven McManus v. Mary Vann, Superintendent, Altona Correctional Facility | Second Circuit | 2020-10-15 | Denied | IFP | burden-of-proof emotional-appeals evidence-mischaracterization fair-trial inflammatory-statements prosecutorial-misconduct vouching witness-vouching | Whether the cumulative effect of the prosecutor continually referencing matters not in evidence; her vouching for her witnesses; her acting as an unsw… |
| 20-5980 | Anthony Brawner, aka Anthony Barber v. United States | District of Columbia | 2020-10-09 | Denied | Response WaivedIFP | appellate-review burden-of-proof civil-procedure court-procedure due-process jurisdiction legal-standard standing subject-matter-jurisdiction | Can ex Vab<d c\o,\w^ od 5U\\D]e,cd -N\cx-VYex— J^\SdlcYon over Come a procedure^ detrr? VJb<v\ burden o-P proo-P \s epu'w-ed do £>V\ow Cour-| 5 Iqc K… |
| 20-5957 | Darius Taurean Caldwell v. United States | Eleventh Circuit | 2020-10-08 | Denied | Response WaivedIFP | burden-of-proof civil-rights criminal-procedure due-process evidence sentencing | Question not identified. |
| 20-5935 | Frank Allen Levi Holland v. Michigan | Michigan | 2020-10-07 | Denied | IFP | burden-of-proof compulsory-violations confrontational-violations constitutional-rights criminal-procedure due-process evidence-admission ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct | Is leaving allowance for a defendant's Sixth and Federal Constitutional right to due process of law to be violated by denying erroneous instructions a… |
| 20-5929 | Tommy Lee Jones v. United States | Sixth Circuit | 2020-10-06 | Denied | Response WaivedIFP | 2g2.2(b)(5) burden-of-proof criminal-procedure offense-conduct police-report restitution sentencing-guidelines shepard-standard shepard-v-united-states unreliable-evidence | Can the government utilize an unreliable nearly thirty (30) year old police report to satisfy its burden the sentencing guideline five (5) level enhan… |
| 20-5930 | Diego Palacios-Villalon v. United States | Fifth Circuit | 2020-10-06 | Denied | Response WaivedIFP | appellate-review burden-of-proof criminal-procedure culpability drug-trafficking judicial-discretion mitigating-role sentencing-guidelines | "does a defendant have the sole obligation in the establishment of these elements or does the trial judge have a duty to inquire into them". |
| 20-5872 | Jesus Sanchez-Chacon v. United States | Fifth Circuit | 2020-10-02 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 20-5882 | Omero Nino-Guerrero v. United States | Fifth Circuit | 2020-10-01 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-5883 | Kyle Patrick Comrie v. California | California | 2020-10-01 | Denied | IFP | burden-of-proof constitutional-rights criminal-procedure due-process felony-murder jury-findings jury-instructions reasonable-doubt sandstrom sufficiency-of-evidence | Petitioner's first degree murder conviction was invalid under People v, Chiu as there was no basis to find that the iurv did not rely on aiding and a… |
| 20-5828 | Roderick A. Carter v. CPC Logistics, Inc., et al. | Fourth Circuit | 2020-09-28 | Denied | Response WaivedIFP | administrative-law burden-of-proof driver-fatigue employer-admissions employment-discrimination federal-regulations protected-activity retaliation staa-protection trucking-safety whistleblower-protection | When an employer admits to a violation in writing to the federal government, should they be held accountable to their words? When a protected activit… |
| 20-5704 | Leonard Borden v. United States | Fifth Circuit | 2020-09-15 | Denied | Response WaivedIFP | burden-of-proof co-conspirator-testimony criminal-procedure due-process factual-statements guideline-application preponderance-of-evidence presentence-report sentencing-guidelines sentencing-hearing | does a defendant have an obligation to prove the facts in the PSR are inaccurate or untrue after the defendant objects to the factual statements and t… |
| 20-5709 | Rickey Cole v. United States | Fifth Circuit | 2020-09-15 | Denied | Response WaivedIFP | and proven to a jury beyond a reasonable doubt? placed in the indictment burden-of-proof constitutional-law criminal-procedure due-process federal-sentencing grand-jury indictment jury-trial sentencing sentencing-guidelines | I. Whether facts that affect the minimum or maximum reasonable federal sentence must be found by a grand jury, placed in the indictment, and proven to… |
| 20-5710 | Jaime E. Coca-Ortiz v. United States | Fifth Circuit | 2020-09-15 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5693 | In Re Terron Garhard Dizzley | 2020-09-14 | Denied | Relisted (2)IFP | burden-of-proof constitutional-rights double-jeopardy fifth-amendment hung-jury jury mistrial trial-procedure unanimous-verdict | 1. Whether the judges ruling that the jury's failure to reach a unanimus decision was not a failure on the jury's part, (" That's actually a strong me… | |
| 20-5653 | Hermenegildo Margarito Espinoza Espinoza v. United States | Fifth Circuit | 2020-09-10 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | 1) Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and eith… |
| 20-5604 | Atorbe Aaron Isibor v. United States | Ninth Circuit | 2020-09-08 | Denied | Response WaivedIFP | appellate-review burden-of-proof criminal-procedure federal-rules forfeiture olano venue venue-insufficiency waiver waiver-doctrine | Under this Court's decision in United States v. Olano, 507 U.S. 725 (1993), does a defendant who argues for the first time on appeal that the governme… |
| 20-5606 | Keith A. Brown v. Alberto Ramirez | Ninth Circuit | 2020-09-08 | Denied | Response WaivedIFP | burden-of-proof certificate-of-appealability constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment incompetent-defendant motion-to-suppress suppression-of-evidence | During a hearingr.ori: a Motion to Suppress Evidence, when the State fails to carry it's burden of proof, is the remedy suppression of the evidence?… |
| 20-266 | Bradley Bieganski v. Arizona | Arizona | 2020-09-02 | Denied | Response Waived | affirmative-defense burden-of-proof child-molestation constitutional-limits criminal-statute due-process presumption-of-innocence sexual-intent | Whether Arizona's molestation statute -- which presumes that anyone, including parents and foster parents like Petitioner, who bathe or diaper their c… |
| 20-222 | Goldman Sachs Group, Inc., et al. v. Arkansas Teacher Retirement System, et al. | Second Circuit | 2020-08-25 | Judgment Issued | Amici (24)Relisted (2) | basic-v-levinson burden-of-proof materiality price-impact reliance securities-class-action | 1. Whether a defendant in a securities class action may rebut the presumption of class wide reliance recognized in Basic Inc. v. Levinson, 485 U.S. 22… |
| 20-5479 | Santos Mondragon Benitez v. United States | Fifth Circuit | 2020-08-25 | Denied | Response WaivedIFP | burden-of-proof criminal-indictment criminal-procedure defendant-rights due-process jury-determination jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-5283 | Mauricio Lemus v. United States | Fifth Circuit | 2020-08-06 | Denied | Response WaivedIFP | burden-of-proof crime-of-violence criminal-procedure due-process preponderance-of-evidence preponderance-of-the-evidence revocation-hearing sentencing supervised-release | Whether at a supervised-release revocation hearing the government must prove by a preponderance of the evidence its contention that a defendant's cond… |
| 20-5226 | Jose Flores-Dominguez v. United States | Fifth Circuit | 2020-07-30 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 20-5208 | William Monterial Jones v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2020-07-29 | Denied | IFP | burden-of-proof civil-rights criminal-conviction criminal-procedure due-process evidence identity identity-evidence procedural-default state-prosecution | PORSUANT TO THE PRECEDENT ESTARLISHED EN UNITED STATES V BONNER, 6H8 F.2d 2O9 (4MCIR 2O11), DID THE STATE SUFFICIENTLY PROVE IT'S BURDEN OF PROOF OF G… |
| 20-5191 | Joshua Edwards v. United States | Fifth Circuit | 2020-07-28 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure criminal-trial due-process elements-of-crime elements-of-offense fifth-circuit jury-instructions trial-defense | Did the United States Court of Appeals for the Fifth Circuit err when it held that the district court's failure to instruct the jury on the elements o… |
| 20-5120 | Giovanni Cotto, aka Monte v. United States | Second Circuit | 2020-07-21 | Denied | Response WaivedIFP | burden-of-proof circuit-split criminal-procedure criminal-prosecution federal-statute mens-rea official-proceeding statutory-interpretation witness-retaliation | Whether, in a prosecution under 18 U.S.C. § 1513(b)(1), the Government must prove beyond a reasonable doubt that the defendant knew the witness agains… |
| 20-5041 | Justin L. Sain v. United States | Sixth Circuit | 2020-07-13 | Denied | Response WaivedIFP | alleyne-standard Alleyne-v-United-States burden-of-proof criminal-sentencing drug-statute federal-drug-statute mandatory-minimum Mullaney-v-Wilbur safety-valve | The "safety valve," 18 U.S.C. § 3553(f) is a federal statute that, in combination with the federal drug statute, 21 U.S.C. § 841, determines whether a… |
| 20-5030 | Jimmy Lee Franklin v. United States | Eleventh Circuit | 2020-07-10 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 28-usc-2255 acca-provision acca-sentence burden-of-proof constitutional-challenge criminal-defendant federal-statutory-enhancement-provision retroactive-constitutional-decision section-2255 sentencing-relief statutory-enhancement | Whether a criminal defendant moving for relief under 28 U.S.C. § 2255, based on a retroactive constitutional decision invalidating a federal statutory… |
| 20-5008 | Emilio Garza v. United States | Fifth Circuit | 2020-07-09 | Denied | Response WaivedIFP | burden-of-proof criminal-law due-process federal-statute firearm-possession interstate-commerce mens-rea statutory-interpretation | 1. Whether 18 U.S.C. §922(g ) authoriz es conviction upon proof that a firearm once crossed state lines at an unspecified prior occasion, when there i… |
| 19-8923 | Bryant Okeff Leggett v. United States | Sixth Circuit | 2020-07-08 | Denied | Response WaivedIFP | appellate-review burden-of-proof criminal-procedure drug-activity drug-house evidence judicial-discretion sentencing-enhancement sentencing-guidelines trial-court-error | I. The district court applied a two-level enhancement for maintaining a drug house. This was applied despite no evidence being presented that Mr. Legg… |
| 19-1471 | Jessica Lynn Tkacz v. Daniel G. Bogden, et al. | Ninth Circuit | 2020-07-08 | Denied | Response Waived | administrative-law due-process evidentiary-standard. immigration standard-of-review administrative-law administrative-review burden-of-proof due-process evidence-standard immigration immigration-law judicial-review marriage-fraud standard-of-review | Is the deferential "substantial evidence" standard employed by federal courts to review decisions of the Board of Immigration Appeals fundamentally in… |
| 19-8882 | George Donald Hatt, Jr. v. Washington | Washington | 2020-07-02 | Denied | IFP | burden-of-proof due-process first-aggressor jury-instruction self-defense sua-sponte substantial-rights sufficiency-of-evidence | Did the First Aggressor Jury Instruction, issued sua sponte, violate due process by relieving the state of its burden to disprove self-defense? 2. Do… |
| 19-8865 | Alexander M. Schultz v. Wisconsin | Wisconsin | 2020-06-30 | Denied | IFP | burden-of-proof charging-documents double-jeopardy imprecise-language same-offense successive-prosecutions | For purposes of the Double Jeopardy Clause, what is the proper test, and assignment of burdens, for determining whether two prosecutions are factually… |
| 19-1438 | George Abernathy v. United States | Sixth Circuit | 2020-06-30 | Denied | Response Waived | 5th-amendment 6th-amendment 8th-amendment burden-of-proof civil-procedure civil-rights constitutional-rights due-process fifth-amendment free-speech property-forfeiture standing summary-judgment takings | IN U. S. V. SIMMONS , THIS COURT IN ASSAYING IT'S VIEWS ON OUR BILL OF RIGHTS WHEN IT WROTE, THAT "ONE CONSTITUTIONAL RIGHTSHOULD NOT HAVE TO BE SURRE… |
| 19-8791 | Jose Angel Vasquez-Soto v. United States | Fifth Circuit | 2020-06-23 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-8794 | Casey Rafael Tyler v. Erik A. Hooks, Warden | Fourth Circuit | 2020-06-23 | Denied | Response WaivedIFP | burden-of-proof criminal-possession criminal-procedure due-process habeas-corpus jurisdictional-requirements restitution territorial-jurisdiction | HAVE NORTH CAROLINA COURTS REAAOVED THE BURDEN OF PROOF Altogether in criminal Possession cases ? What decides A criminal court 's territorial Jurisd… |
| 19-8763 | James Delglyn v. Paulino Barros, et al. | Wisconsin | 2020-06-19 | Denied | Response WaivedIFP | burden-of-proof credit-report credit-reporting debt-verification hearsay-evidence judicial-procedure state-statutes wisconsin-law wisconsin-supreme-court | 1. Is it reasonable to demand verification of an alleged debt in the form of a written contract, evidence of a transaction or a sworn statement from a… |
| 19-1383 | Michael Leidig, et al. v. BuzzFeed, Inc. | Second Circuit | 2020-06-16 | Denied | Response Waived | burden-of-proof civil-rights credibility evidence evidentiary-standard falsity first-amendment free-press free-speech freedom-of-the-press libel media-defendant summary-judgment | This Court has held that the First Amendment's guarantee of freedom of the press requires that when a plaintiff sues a media defendant for libel, base… |
| 19-8627 | Isaac Cardenas v. Texas | Texas | 2020-06-05 | Denied | IFP | burden-of-proof circumstantial-evidence consciousness-of-guilt criminal-procedure due-process evidence inference inference-vs-speculation speculation | WHETHER THE STATE COURT VIOLATED THE FEDERAL DUE PROCESS CLAUSE WHEN IT VENTURED INTO THE REALM OF MERE SPECULATION WHEN DECIDING AN INSUFFICIENCY OF … |
| 19-8597 | Lewis McKenzie v. United States | Eleventh Circuit | 2020-06-04 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 28-usc-2255 armed-career-criminal-act burden-of-proof gatekeeping-requirement johnson-claim johnson-v-united-states residual-clause section-2255 sentencing-enhancement violent-felony | In Johnson v. United States, this Court invalidated the residual clause of the Armed Career Criminal Act, but left intact the two remaining definition… |
| 19-1332 | Tonya Knowles v. Department of Veterans Affairs | Federal Circuit | 2020-06-02 | Denied | Response Waived | 5-usc-2302 5-usc-2302-(b)(8)-(9) agency-investigation agency-official burden-of-proof investigation prohibited-personnel-practice protected-disclosure retaliation retaliation-motive whistleblower whistleblower-protection | 1. When an Employee makes a protected disclosure, regarding a Prohibited Personnel Practice which falls under statue 5 USC 2302 (b)(8) -(9), against a… |
| 19-8567 | Thintinus Noseth Taylor v. United States | Ninth Circuit | 2020-05-29 | Denied | Response WaivedIFP | 18-usc-922 2nd-amendment burden-of-proof constructive-possession criminal-procedure criminal-statute due-process firearm-prohibition second-amendment standard-of-proof | Whether the Ninth Circuit's low burden of proof for possession of a firearm in cohabitation cases extends the scope of 18 U.S.C. § 922(g) beyond its p… |
| 19-8532 | Lester B. Lynch v. Beth Cabell, Warden | Virginia | 2020-05-23 | Denied | Response WaivedIFP | brady-v-maryland burden-of-proof constitutional-rights due-process exculpatory-evidence habeas-corpus prosecutorial-misconduct strickler-v-greene | 1. Were the petitioner's 5th and 14th Amendment rights violated when the Commonwealth failed to provide the trial court with exculpatory evidence? a.… |
| 19-8489 | Jason Mitchell Abbo v. United States | Tenth Circuit | 2020-05-18 | Denied | Response WaivedIFP | acca acca-enhancement burden-of-proof criminal-justice due-process equal-protection juvenile-conviction predicate-offense sentencing sentencing-enhancement | #1. Does a Juvenile Conviction for "Possession" of a controlled substance qualify as a prior predicate conviction for an ACCA enhancement when 18 U.S.… |
| 19-8438 | Rodney Lyn Emil v. Nevada | Nevada | 2020-05-12 | Denied | IFP | aggravating-factors burden-of-proof capital-sentencing constitutional-procedure death-penalty jury-finding jury-instructions mitigating-circumstances reasonable-doubt | Nevada courts instruct juries that they may consider imposing a death sentence only after finding at least one statutory aggravating factor beyond a r… |
| 19-8336 | Igancio Reyes-Yanez v. United States | Ninth Circuit | 2020-04-22 | Denied | Response WaivedIFP | burden-of-proof constitutional-rights criminal-procedure defendant-testimony due-process jury-instruction jury-instructions presumption-of-innocence | 1. Should a writ of certiorari be granted to address whether the Government can tell a jury that, "when [a defendant] testifies, there's no presumptio… |
| 19-8326 | Charles Brandon Martin v. Maryland | Maryland | 2020-04-21 | Denied | Response WaivedIFP | brady-violation burden-of-proof confrontation-clause evidence-sufficiency materiality materiality-standard sufficiency-of-evidence voir-dire witness-availability | When a Brady violation (Brady v. Maryland, 373 U.S. 83 (1963)) occurs, must the Court take into account the effects of the Brady violation, or simply … |
| 19-8302 | Richard H. Morrison v. Florida | Florida | 2020-04-19 | Denied | IFP | burden-of-proof due-process habitual-offender hearsay hearsay-evidence judicial-notice preponderance-of-evidence prison-release-reoffender sentencing-enhancement | It is true the state has the burden of proving by a preponderance of the evidence that the defendant qualifies as a PRR as defined in the statute Flor… |
| 19-8304 | Timothy J. McVay v. Illinois | Illinois | 2020-04-19 | Denied | Response WaivedIFP | actus-reus burden-of-proof civil-rights constitutional-rights criminal-procedure due-process first-degree-murder mens-rea presumption-of-innocence | Whether a bench trial conviction of first degree murder by H.U.M Matrix(Homicide by Unspecified Means) can be upheld without benefit of: an eyewitness… |
| 19-8217 | Blake Jones v. McKee Foods Corporation | Eighth Circuit | 2020-04-09 | Denied | Response WaivedIFP | burden-of-proof civil-procedure discovery evidence pleadings summary-judgment | May Defendant ignore evidence provided a purpose? Summary of Judgement. IS the word of the Phintiff to be believed? |
| 19-8189 | Jose E. Ramos v. Connecticut | Connecticut | 2020-04-06 | Denied | Response WaivedIFP | burden-of-proof civil-procedure dispute-resolution due-process judicial-jurisdiction jurisdiction legal-standing procedural-compliance ripeness-doctrine standing | 1. Must all future or pending proceeding(s) in the Case, Come to a halt if the Jurisdiction of the trial court be decree the issue(s), as called into … |
| 19-8175 | Kitrich A. Powell v. Nevada | Nevada | 2020-04-03 | Denied | IFP | aggravating-factors burden-of-proof capital-punishment constitutional-rights death-penalty jury-instructions mitigating-circumstances sixth-amendment | Did the Nevada Supreme Court violate Mr. Powell's constitutional rights by making the outweighing requirement an afterthought for the jury, used only … |
| 19-8121 | Nikkolas Thompson v. United States | Eighth Circuit | 2020-03-27 | Denied | Response WaivedIFP | admiralty-rules burden-of-proof civil-asset-forfeiture civil-procedure constitutional-challenge currency-seizure due-process pleading-standards standing | I. Whether, the 2000 amendments to the Civil Asset Forfeiture act are constitutional where it requires a Claimant to prove the source of the funds in … |
| 19-8048 | Collyer Goodman v. United States | Second Circuit | 2020-03-20 | Denied | Response WaivedIFP | appellate-review burden-of-proof circuit-court circuit-court-split conspiracy criminal-conviction criminal-law due-process narcotics narcotics-conspiracy sentencing shared-objective supreme-court | Whether the United States Court of Appeals for the Second Circuit erred by affirming the judgment of conviction and sentence pronounced by the United … |
| 19-8022 | Clarence Wayne Dixon v. David Shinn, Director, Arizona Department of Corrections, et al. | Ninth Circuit | 2020-03-19 | Denied | IFP | burden-of-proof chapman-v-california deck-v-missouri due-process habeas-corpus ineffective-assistance reasonable-doubt shackling shackling-error sixth-amendment | 1. When a trial court unjustifiably orders a defendant shackled throughout trial contrary to the rule in Deck v. Missouri, is it the defendant who bea… |
| 19-8010 | Joseph Chhim v. City of Houston, Texas, et al. | Fifth Circuit | 2020-03-16 | Denied | Response WaivedRelisted (2)IFP | administrative-procedure burden-of-proof civil-rights due-process employment-discrimination hiring-process job-referral performance-review pre-qualification prequalification termination | 1. Whether Appellant was discriminated against in the initial pre qualification process when he was qualified for the position of custodian and build… |
| 19-7971 | William L. Lewis v. Illinois | Illinois | 2020-03-12 | Denied | Response WaivedIFP | bias burden-of-proof criminal-procedure due-process judicial-error prejudice prior-convictions reasonable-doubt robbery sentencing sufficiency-of-evidence | 1. Did the trial Code And The Appellate Court error within entering a finding of quilt On a Single count Robbery when the government Cid net Prove pet… |
| 19-1097 | Enzo Life Sciences, Inc. v. Becton, Dickinson and Company, et al. | Federal Circuit | 2020-03-06 | Denied | Relisted (2) | aia burden-of-proof due-process inter-partes-review patent patent-validity retroactive-legislation retroactivity takings vested-rights | Does the application of inter partes review to a patent that issued before the enactment of the AIA violate the Due Process Clause because it retroact… |
| 19-7873 | Derrick Michael Allen, Sr. v. United States | Fourth Circuit | 2020-03-04 | Denied | Response WaivedIFP | burden-of-proof case-dismissal civil-procedure civil-rights court-procedure criminal-procedure due-process firearms judicial-review jurisdiction legal-error mens-rea standing statutory-interpretation supreme-court-jurisdiction | Mr. Alexis appeal asked Justices Gorsuch and Kagan to overturn Defendant's knowledge of his two prior felony convictions under 18 U.S.C. § 922(g). Aff… |
| 19-7833 | Inocente Rodriguez-Juarez v. United States | Fifth Circuit | 2020-03-02 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-7794 | Jeremy Shane Fogleman v. Mississippi | Mississippi | 2020-02-27 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof civil-rights constitutional-rights criminal-procedure due-process fourteenth-amendment sentencing sentencing-enhancement sixth-amendment | 1) Does the SUPREME COURT of the STATE of MISSISSIPPI'S DECISION REVERSING the COURT Of APPEALS of the STATE Of MISSISSIPPI'S, 9-0 UNANIMOUS DECISION … |
| 19-7797 | Lonnie W. Hubbard v. United States | Sixth Circuit | 2020-02-27 | Denied | Response WaivedIFP | burden-of-proof controlled-substances criminal-law criminal-procedure criminal-statute due-process medical-necessity medical-practice medical-purpose prescription-dispensing prescription-drugs professional-practice statutory-interpretation | WHETHER THE COURT OF APPEALS ERRED BY HOLDING A JURY COULD RATIONALLY CONCLUDE THAT DEFENDANT PHARMACIST ABDICATED HIS DUTY UNDER §§ 1306.04(a) & 841(… |
| 19-7789 | Steven Klein v. California, et al. | Ninth Circuit | 2020-02-26 | Denied | IFP | burden-of-proof cage-v-louisiana criminal-procedure due-process fourteenth-amendment jury-instructions reasonable-doubt structural-error sullivan-v-louisiana | Whether the trial court erred by overruling Klein's objection to prosecution's misstated of the burden of proof during closing arguments when he instr… |
| 19-7760 | Jeremy Achey v. United States | Eleventh Circuit | 2020-02-25 | Denied | Response WaivedIFP | burden-of-proof conspiracy controlled-substance controlled-substance-analogue criminal-sentencing drug-conspiracy due-process federal-drug-law mandatory-minimum sentencing statutory-interpretation statutory-penalties | 1. Whether, in cases where a drug conspiracy allegedly involves multiple substances, the government must prove that the defendant conspired to distrib… |
| 19-7735 | Ronnie Kearby v. United States | Fifth Circuit | 2020-02-21 | Denied | Response WaivedIFP | base-offense-level burden-of-proof drug-conspiracy drug-quantities drug-quantity due-process evidence federal-courts non-testifying-coconspirator non-testifying-informant preponderance-of-evidence | 1. In a federal drug conspiracy case where there is no drug seizure, may a court accept a mere allegation of estimated drug quantities from a non-test… |
| 19-7713 | Ronelle Lamar Oudems v. United States | Fifth Circuit | 2020-02-20 | Denied | Response WaivedIFP | burden-of-proof circuit-split confrontation-clause confrontation-right criminal-procedure due-process presentence-report sentencing | Whether (as the D.C., Second, Eighth, Ninth, Tenth, and Eleventh Circuits hold, see United States U. Price, 409 F.3d 436, 444 (D.C. Cir. 2005; United … |
| 19-7724 | Byron R. Barker v. Texas | Texas | 2020-02-20 | Denied | IFP | burden-of-proof constitutional-rights criminal-procedure due-process evidence-rule-403 extraneous-offenses fair-trial texas-code-of-criminal-procedure texas-criminal-procedure texas-rules-of-evidence | Does the introduction of extranseous offenses, pursuant to Texas Code of Criminal Procedure Article 38.37 violate the right to a fair trial and shift … |
| 19-7671 | Daquan Ossie Bradley v. Minnesota | Minnesota | 2020-02-14 | Denied | Response WaivedIFP | appellate-review burden-of-proof constitutional-law court-trial due-process judicial-review standard-of-review structural-error sullivan-v-louisiana trial-procedure | Whether a court-trial verdict that is based on a constitutionally-deficient burden of proof is structural error under Sullivan v. Louisiana, 508 U.S. … |
| 19-1020 | Florence Bikundi v. United States | District of Columbia | 2020-02-14 | Denied | Response Waived | burden-of-proof continuance district-court-discretion due-process ends-of-justice ends-of-justice-continuance forfeiture fraud fraud-conduct restitution sentencing sentencing-guidelines speedy-trial-act | 1. Whether a district court granting an ends-ofjustice continuance under the Speedy Trial Act of 1974, 18 U.S.C. § 3161(h)(7)(A), violates the require… |
| 19-7624 | Jerome Shaw v. United States | Second Circuit | 2020-02-12 | Rehearing | Response WaivedRelisted (2)IFP | acceptance-of-responsibility burden-of-proof criminal-procedure due-process eighth-amendment excessive-fines excessive-fines-clause fatico-hearing sentencing | Whether the District Court violated Petitioner's Due Process Rights when it erroneously found that the Government had sustained its burden of proof … |
| 19-7633 | Anthony Allen v. Illinois | Illinois | 2020-02-12 | Denied | Response WaivedIFP | burden-of-proof criminal-law criminal-procedure due-process fourteenth-amendment intent-element jury-instruction jury-instructions presumption-of-intent reasonable-doubt | I. In an action in which the sole claim is whether,in a case in which intent is an element of the crime convicted of,the jury instruction, "the law … |
| 19-7608 | Juan Perez-Roman v. United States | Fifth Circuit | 2020-02-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-7580 | Constantine Gus Cristo v. Commissioner of Internal Revenue | Ninth Circuit | 2020-02-06 | Denied | Response WaivedIFP | 26-usc-7491 9th-circuit burden-of-proof credible-evidence federal-agent irs-restructuring-and-reform-act-of-1998 ninth-circuit statutory-interest tax-court taxpayer-rights unconstitutional-conduct | The Fourth Amendment guarantees that the people shall have a right: "to be secure in their persons, houses, papers and effects, against unreasonable s… |
| 19-7571 | Richard Williams v. Tony Mays, Warden | Tennessee | 2020-02-05 | Denied | Response WaivedIFP | burden-of-proof constitutional-law constitutional-standard criminal-procedure due-process evidence murder murder-investigation presumption statutory-interpretation statutory-presumption venue | Whether, as applied to the facts of this case, the statutory presumption if a body of a murder victim found within the state, the death is presumed to… |
| 19-7547 | Phillip Boyd Cashion v. Texas | Texas | 2020-02-04 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure criminal-trial due-process fair-trial fifth-amendment jury-bias jury-instructions prosecutorial-misconduct self-incrimination trial-procedure | Should the Petitioner's trial structure have been free from the fundamental unfairness of having the prosecutor tell the jury on two occasions that "y… |
| 19-7454 | Kenneth James Barfield v. United States | Fifth Circuit | 2020-01-28 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure criminal-procedure-rule-32 due-process federal-rules federal-rules-of-criminal-procedure fifth-circuit gall-v-united-states guidelines preponderance-of-evidence presentence-report sentencing sentencing-guidelines united-states-v-watts | According to Gall v. United States, 552 U.S. 38 (2007), every federal criminal sentencing must begin with a correctly calculated Guidelines range. Sen… |
| 19-941 | Billy Daniel Raulerson, Jr. v. Warden, Georgia Diagnostic and Classification Prison | Eleventh Circuit | 2020-01-28 | Denied | Amici (2) | aedpa atkins-v-virginia burden-of-proof capital-punishment cooper-v-oklahoma due-process habeas-corpus intellectual-disability supreme-court-precedent | Whether this Court's unanimous holding in Cooper v. Oklahoma, 517 U.S. 348 (1996), clearly established that Georgia could not impose the burden of req… |
| 19-927 | Wayne M. Klocke, Independent Administrator of the Estate of Thomas Klocke v. The University of Texas at Arlington | Fifth Circuit | 2020-01-24 | Denied | Response Waived | burden-of-proof circuit-split disciplinary-action educational-programming gender-discrimination title-ix university-discipline university-liability | Congress passed Title IX of the Education Amendments of 1972 ("Title IX") to provide a remedy to students attending publicly funded educational instit… |
| 19-7386 | Jack Dowell v. Richard Hudgins, Warden | Tenth Circuit | 2020-01-23 | Denied | Response WaivedIFP | actual-innocence burden-of-proof circuit-split due-process habeas-corpus jury-instructions retroactivity savings-clause suspension-of-writ | Where the district court dismissed Mr. Dowell's §§2241 and 2255(e) habeas petition claiming the savings clause does not apply to Mr. Dowell, in light … |
| 19-7360 | Terry Simonton, Jr. v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. | Third Circuit | 2020-01-22 | Denied | IFP | burden-of-proof certificate-of-appealability circuit-split constitutional-claim constitutional-substance federal-constitutional-substance habeas-corpus ineffective-assistance-of-counsel ineffective-counsel prosecutorial-misconduct | Ground I. Did a panel of the United States Court of Appeals for the Third Circuit err in denying Mr. Simonton a Certificate of Appealability by statin… |
| 19-7376 | Alice C. Trappler v. New York | New York | 2020-01-22 | Denied | Response WaivedIFP | burden-of-proof confrontation-clause conspiracy criminal-defendant criminal-procedure due-process forfeiture hearsay hearsay-exception legal-insufficiency sixth-amendment waiver | 1. Upon trial counsel's failure to move to dismiss on legal insufficiency grounds at trail, is the uninformed automatic waiver and silently imposed pe… |
| 19-7332 | Brian Dean King, Jr. v. United States | Fifth Circuit | 2020-01-17 | Denied | Response WaivedIFP | appellate-review burden-of-production burden-of-proof criminal-procedure defendant-objection due-process evidence government-burden pre-sentence-report sentencing | I. Does the defendant bear the burden of production to rebut information found in a pre-sentence report after objecting to that information, or in ste… |
| 19-7333 | Eduardo Luis Martinez-Paz v. United States | Fifth Circuit | 2020-01-17 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-881 | Joseph Smith, et al. v. Pamela Motley, et al. | Ninth Circuit | 2020-01-16 | Denied | Response Waived | anecdotal-evidence burden-of-proof civil-rights discriminatory-policing disparate-treatment equal-protection government-treatment ninth-circuit statistical-analysis | Under existing Ninth Circuit and United States Supreme Court authority, a plaintiff can establish an Equal Protection Clause violation in the context … |
| 19-7273 | Pablo Rodriguez-Palomino v. Illinois | Illinois | 2020-01-15 | Denied | Response WaivedIFP | appellate-review burden-of-proof criminal-procedure criminal-sexual-assault due-process essential-elements fourteenth-amendment jackson-v-virginia rational-trier-of-fact reasonable-doubt standard-of-review state-evidence sufficiency-of-evidence | Whether evidence that is insufficient to prove beyond a reasonable doubt that a defendant is guilty of crimes, and inadequate when judged under the st… |
| 19-7289 | Willis Shane Gordon v. Sam Cline, Warden | Tenth Circuit | 2020-01-15 | Denied | Response WaivedIFP | apprendi-v-new-jersey apprendi-violation brady-evidence Brady-Violation burden-of-proof criminal-procedure criminal-sentencing double-jeopardy doyle-violation due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel jury-trial kansas-sentencing-guidelines post-arrest-silence prior-convictions procedural-bar prosecutorial-misconduct sentencing-guidelines | Whether the Kansas courts violated petitioner's Sixth Amendment right to effective assistance of counsel, his Fifth Amendment right against self-incri… |
| 19-873 | Geophysical Service, Inc. v. TGS-NOPEC Geophysical Co. | Fifth Circuit | 2020-01-14 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | burden-of-proof contract-law copyright-infringement foreign-government-compulsion implied-license kirtsaeng-doctrine kirtsaeng-v-john-wiley-sons seismic-works | 1. This Court has never addressed the nature or scope of the defense of implied license to copyright infringement, and the circuits are split. a. Is … |
| 19-7220 | Francisco Guerrero-Saucedo v. United States | Fifth Circuit | 2020-01-09 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-7161 | Aaron Michael Murray v. United States | Eleventh Circuit | 2020-01-03 | Denied | Response WaivedIFP | burden-of-proof constitutional-protections criminal-procedure federal-rules federal-rules-of-criminal-procedure guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-bargaining plea-colloquy sentencing withdrawal-of-plea | Whether third-party affidavits filed with a motion to withdraw a guilty plea before sentencing, claiming ineffective assistance of counsel, overcomes … |
| 19-829 | Chrimar Systems, Inc. v. Juniper Networks, Inc., et al. | Federal Circuit | 2019-12-31 | Denied | Response Waived | administrative-procedure burden-of-proof due-process evidence inter-partes-review patent patent-challenge patent-law reply reply-evidence | When a party files a petition for Inter Partes Review, the petition "must identify 'each claim challenged,' the grounds for the challenge, and the evi… |
| 19-7088 | Marcos Cortez-Rogel v. United States | Fifth Circuit | 2019-12-30 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-7100 | Damon Jones v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. | Third Circuit | 2019-12-30 | Denied | Response WaivedIFP | burden-of-proof constitutional-presumption evidentiary-presumption fourteenth-amendment jury-instructions sixth-amendment specific-intent transferred-intent | In Jackson v. Virginia, 443 U.S. 307, 309 (1979), this Court held "(t]he Constitution prohibits the criminal conviction of any person except upon proo… |
| 19-7104 | Julio Cesar Pacheco-Astrudillo v. United States | Fifth Circuit | 2019-12-30 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-7035 | Michael B. Lowry v. United States | Eighth Circuit | 2019-12-20 | Denied | Response WaivedIFP | 4th-amendment attenuation-doctrine burden-of-proof criminal-procedure evidence-suppression exclusionary-rule fourth-amendment search-and-seizure suppression-of-evidence | After the police violate an individual's Fourth Amendment rights by conducting an illegal search or seizure, does the government bear the burden of pr… |
| 19-6950 | Christopher Brian Rogers v. Tammatha Soss, Acting Warden | Ninth Circuit | 2019-12-17 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure darden-v-wainwright due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan procedural-default prosecutorial-misconduct | Is federal habeas review barred under Martinez v. Ryan, 566 U.S. 1 (2012) and a claim procedurally defaulted when a petitioner fails to bring an indep… |
| 19-6973 | Taiwan Wiggins, et al. v. United States | Sixth Circuit | 2019-12-17 | Denied | Response WaivedIFP | burden-of-proof civil-forfeiture civil-procedure civil-rights constitutional-rights due-process fifth-amendment standing warrantless-seizure | WHERE A DEA AGENT STOPS TWO AIR TRAVELS, WHO HAD BEEN CLEARED, TO BOARD THEIR FLIGHTS, AND TAKES FROM THEM (IN A WARRANTLESS SEIZURE A SUM OF MONEY: C… |
| 19-6943 | Sheila Annette Cunningham v. Florida Credit Union | Eleventh Circuit | 2019-12-13 | Denied | IFP | burden-of-proof civil-procedure civil-rights constitutional-rights curtilage discrimination due-process employment equal-protection fourth-amendment investigative-authority law-enforcement search-and-seizure standing summary-judgment | Whether the District Court erred in holding that Cunningham failed to provide evidence of racial discrimination. Whether the District Court erred in … |
| 19-759 | Milo H. Segner, Jr. v. Cianna Resources Incorporated | Fifth Circuit | 2019-12-13 | Denied | avoidance-power bankruptcy bankruptcy-code burden-of-proof criminal-statute good-faith jury-instructions ponzi-scheme reasonable-commercial-standards transfer-liability | This petition presents two important questions concerning the pursuit of Ponzi-scheme proceeds in bankruptcy proceedings—including one that has provok… | |
| 19-6911 | Father v. Texas Department of Family and Protective Services | Texas | 2019-12-12 | Denied | IFP | 14th-amendment appeal appellate-review burden-of-proof due-process evidence evidence-standard fourteenth-amendment texas-constitution | Does Article V, Section 6 of the Texas Constitution violate Due Process Clause of the Fourteenth Amendment of the U.S. Constitution when it s distinct… |
| 19-6902 | Samir Benamor v. United States | Ninth Circuit | 2019-12-11 | Denied | Response WaivedIFP | antique-firearm burden-of-proof criminal-intent criminal-law due-process felon-in-possession firearm-possession firearms mens-rea statutory-definition statutory-interpretation | Whether, in a 922(g)(1) prosecution, the Government bears the burden of proving that the defendant knew the charged firearm has the characteristics th… |
| 19-745 | Khalil Williams v. Housing Opportunities for Persons with Exceptionalities | Eleventh Circuit | 2019-12-11 | Denied | burden-of-proof burden-shifting circumstantial-evidence civil-rights comparator-evidence employment-discrimination mcdonnell-douglas prima-facie-case racial-discrimination summary-judgment title-vii | What test should courts use in evaluating motions for summary judgment in discrimination cases when the evidence needed to establish a traditional McD… | |
| 19-732 | Richard Natofsky v. City of New York | Second Circuit | 2019-12-10 | Denied | ada adverse-employment-action americans-with-disabilities-act burden-of-proof burden-shifting but-for-causation causation-standard civil-rights disability-discrimination employment-discrimination employment-law mixed-motive mixed-motive-causation | Whether the Americans with Disabilities Act permits employees to proceed under a mixed-motive causation standard before the burden shifts to employers… | |
| 19-6898 | Demicko Billie Thomas v. Maggie Miller-Stout, Warden, et al. | Ninth Circuit | 2019-12-10 | Denied | Response WaivedIFP | appellate-jurisdiction burden-of-proof criminal-procedure due-process fourteenth-amendment musacchio-precedent musacchio-v-united-states ninth-circuit reasonable-doubt supreme-court-review washington-state-supreme-court | WHETHER THE WASHINGTON STATE SUPREME COURT'S DISAPPROVING OF THIS COURT'S DECISION IN MUSACCHIO V. UNITED STATES, 136 S.Ct. 709 (2016), IS BINDING ON … |
| 19-6812 | Steven Kurt Baughman v. Michael Seale, et al. | Fifth Circuit | 2019-12-03 | Denied | Response WaivedIFP | 8th-amendment brain-damage burden-of-proof civil-rights constitutional-claims deliberate-indifference due-process hyperglycemia insulin medical-treatment prisoner-rights retaliation serious-medical-needs | 1. Whetehr injecting a prisoner with insulin without knowing bis immediate bllod sqgar level constitutes deliberate indifference to serious medical ne… |
| 19-6795 | Abraham Conde-Herrera v. United States | Fifth Circuit | 2019-12-02 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-6796 | Valentin Castanon-Renteria v. United States | Fifth Circuit | 2019-12-02 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-6773 | Edgar Ortega-Limones v. United States | Fifth Circuit | 2019-11-27 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-679 | Amy Corbitt v. Michael Vickers | Eleventh Circuit | 2019-11-26 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (6) | burden-of-proof civil-rights constitutional-rights due-process excessive-force interlocutory-appeal law-enforcement pleading-requirement pleading-standards police-use-of-force qualified-immunity section-1983 use-of-force | 1) Whether qualified immunity is an affirmative defense (placing the burden on the defendant to raise and prove it) or whether it is a pleading requir… |
| 19-658 | J. G., By and Through His Parents, Howard Greenberg, et ux. v. Hawaii Department of Education, et al. | Ninth Circuit | 2019-11-21 | Denied | Response Waived | administrative-proceedings burden-of-proof circuit-split florence-county-school-district-four-v-carter individuals-with-disabilities-education-act placement-change private-school-placement public-placement schaffer-v-weast special-education | 1. Whether the burden of proof shifts when the public agency seeks to change the educational placement of a child with a disability. |
| 19-6634 | Kathryn Woodin Markle v. United States | Fifth Circuit | 2019-11-14 | Denied | Response WaivedIFP | appellate-review burden-of-production burden-of-proof criminal-procedure defendant-rights due-process evidence government-burden pre-sentence-report sentencing sentencing-guidelines sentencing-objection | Does the defendant bear the burden of production to rebut information found in a pre-sentence report after objecting to that information, or instead, … |
| 19-6624 | Andre D. Lee v. Louisiana | Louisiana | 2019-11-13 | Denied | Response WaivedIFP | burden-of-proof constitutional-rights conviction criminal-procedure due-process hearing right-to-counsel sentence state-trial-court void waiver | 1. Did the petitioner's right to counsel violated by the state trial court, thereby making the conviction and sentence completely void? 2. Did the st… |
| 19-6582 | Roberto Carlos Martinez-Mendoza v. United States | Fifth Circuit | 2019-11-12 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-604 | Ernest L. Francway, Jr. v. Robert Wilkie, Secretary of Veterans Affairs | Federal Circuit | 2019-11-08 | Denied | Amici (2) | administrative-law burden-of-proof department-of-veterans-affairs due-process federal-circuit judicial-presumption medical-examination medical-examiner medical-expertise presumption-of-competency pro-claimant va-medical-examiners veterans-benefits | Congress has established a veterans-benefits system that is uniquely pro-claimant. In veterans-benefit cases, every statutory and regulatory presumpti… |
| 19-6538 | Levi Jermaine Griffin v. United States | Eleventh Circuit | 2019-11-07 | Denied | Response WaivedIFP | burden-of-proof child-pornography criminal-indictment criminal-knowledge criminal-law criminal-procedure due-process evidence jury-instructions mens-rea possession-of-child-pornography reasonable-doubt statutory-elements | WHETHER THE EVIDENCE WAS INSUFFICIENT TO SATISFY THE GOVERNMENT'S BURDEN TO PROVE THE ELEMENT OF KNOWLEDGE AS TO THE POSSESSION OF CHILD PORNOGRAPHY C… |
| 19-6500 | Horacio Dominguez-Villalobos v. United States | Fifth Circuit | 2019-11-05 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-6344 | Spencer Altschuler v. Florida | Florida | 2019-10-24 | Denied | Response WaivedIFP | burden-of-proof constitutional-rights criminal-procedure due-process negligence reckless-driving vehicular-homicide | Whether – in a case involving the charge of vehicular homicide – the Due Process Clause of the United States Constitution requires the prosecution to … |
| 19-533 | River Birch, Incorporated, et al. v. Waste Management of Louisiana, L.L.C. | Fifth Circuit | 2019-10-23 | Denied | Response Waived | antitrust burden-of-proof circumstantial-evidence civil-procedure civil-rico evidence evidentiary-inference federal-rules federal-rules-of-civil-procedure matsushita-standard precedent rule-56 summary-judgment | In Matsushita Electrical Industrial Co. U. Zenith Radio Corp., 475 U.S. 574, 588 (1986), this Court held that "ambiguous" circumstantial evidence—evid… |
| 19-6334 | Ignacio Arellano-Banuelos v. United States | Fifth Circuit | 2019-10-22 | Denied | Response WaivedIFP | burden-of-proof circuit-split criminal-law due-process federal-jurisdiction illegal-entry immigration-law jurisdiction removal-proceedings statutory-interpretation | Whether an alien may be "found" within the meaning of 8 U.S.C. §1326 before immigration authorities achieve actual knowledge of his or her actual pres… |
| 19-6280 | Jose Soto v. United States | Ninth Circuit | 2019-10-17 | Denied | Response WaivedIFP | burden-of-proof circuit-split criminal-procedure due-process federal-courts federal-criminal-procedure harmless-error prosecutorial-misconduct | Should the government bear the burden of establishing the harmlessness of a properly preserved claim of prosecutorial misconduct in a federal criminal… |
| 19-6290 | Servando Pineda-Castellanos v. United States | Fifth Circuit | 2019-10-17 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-6268 | Isabel Yero Grimon v. United States | Eleventh Circuit | 2019-10-15 | Denied | Response WaivedIFP | article-iii article-three-courts burden-of-proof federal-jurisdiction indictment indictment-validity judicial-precedent limited-jurisdiction subject-matter-jurisdiction | Did the Eleventh Circuit err in holding that federal jurisdiction is conclusively established whenever an indictment alleges a federal crime? |
| 19-6262 | Liddon Young v. United States | Second Circuit | 2019-10-11 | Denied | Response WaivedIFP | aiding-abetting aiding-and-abetting burden-of-proof criminal-intent federal-firearms-law felon-possession firearm-disposal firearms-transfer knowledge-requirement mens-rea prohibited-persons prosecution-burden prosecution-strategy statutory-interpretation | 1. Since the Supreme Court has now held, in Rehaif v. United States , that in a prosecution under §922(g) and §924(a)(2), the Government must prove b… |
| 19-6242 | Imanol Pineda Penaloza v. United States | Sixth Circuit | 2019-10-10 | Denied | Response WaivedIFP | burden-of-proof civil-rights employment-discrimination question-not-identified racial-discrimination reasonable-person title-vii | Whether sentencing enhancements that are not found by a jury beyond a reasonable doubt violate the Sixth Amendment, and whether the advisory nature of… |
| 19-468 | Keesha Elayne Frye v. United States | Fourth Circuit | 2019-10-09 | Denied | Response Waived | appellate-review burden-of-proof criminal-procedure due-process indictment indictment-redaction jury jury-deliberation jury-instructions meaningful-review redaction standard-of-review | What is the correct standard to determine whether a criminal defendant is denied meaningful appellate review when the district court destroys the only… |
| 19-6199 | Emeterio Espino Ramirez v. United States | Fifth Circuit | 2019-10-09 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-6218 | Timothy Milton Boone v. Maryland | Maryland | 2019-10-09 | Denied | IFP | 14th-amendment assault burden-of-proof burglary constitutional-requirements criminal-intent criminal-procedure due-process elements-of-crime first-degree-assault first-degree-burglary maryland-code maryland-criminal-code reasonable-doubt | 1 DID THE LOWER COURT ERROR BY FAILING TO PROVE THE FIRST DEGREE ASSAULT ELEMENT S WITH INTENT TWO COMIT CRIME OF VIOLENCE P 2 DID THE LOWER COURT ER… |
| 19-6232 | Jason James Neiheisel v. United States | Eleventh Circuit | 2019-10-09 | Denied | Response WaivedIFP | appellate-review burden-of-proof circuit-split criminal-conviction criminal-procedure demeanor due-process jury-verdict prosecutorial-questioning reversible-error substantive-evidence sufficiency-of-evidence | Whether the Eleventh Circuit, on review for sufficiency of evidence, can affirm a conviction citing the verdict itself; on the supposition the jury co… |
| 19-6178 | Jose Bryan Gonzalez v. United States | Fifth Circuit | 2019-10-07 | Denied | Response WaivedIFP | burden-of-proof criminal-law criminal-procedure due-process federal-firearms-law firearm-possession interstate-commerce jurisdictional-element mens-rea statutory-interpretation | Whether 18 U.S.C. §922(n) authorizes conviction upon proof that a firearm once crossed state lines at an unspecified prior occasion, when there is no … |
| 19-438 | Clemente Avelino Pereida v. Robert M. Wilkinson, Acting Attorney General | Eighth Circuit | 2019-10-02 | Judgment Issued | Amici (5) | ambiguous-record burden-of-proof categorical-approach circuit-split conviction-record federal-offense immigration-law modified-categorical-approach noncitizen-status removal-proceedings statutory-interpretation | Whether a criminal conviction bars a noncitizen from applying for relief from removal when the record of conviction is merely ambiguous as to whether … |
| 19-414 | Medtronic, Inc. v. Mark A. Barry | Federal Circuit | 2019-09-27 | Denied | Amici (2) | burden-of-proof experimental-use federal-circuit patent-law patent-law-35-usc-102-b reduction-to-practice statutory-bar supreme-court | 35 U.S.C. § 102(b) (2011) bars the patenting of an invention that was "in public use or on sale in this country, more than one year prior to the date … |
| 19-6086 | Luis Alberto Torres v. United States | Ninth Circuit | 2019-09-27 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof circuit-conflict criminal-procedure federal-criminal-procedure federal-rules-of-criminal-procedure harmless-error sentencing sentencing-error standard-of-review | In recent years, the Court has granted certiorari to clarify how the plain-error standard of review applies to unpreserved claims of sentencing error.… |
| 19-6094 | Andres Herrera-Segovia v. United States | Fifth Circuit | 2019-09-27 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-6042 | Gerardo Tajonar Cortes v. United States | Fifth Circuit | 2019-09-25 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-5983 | Alejandro Llamas-Delgado v. United States | Eighth Circuit | 2019-09-18 | Denied | Response WaivedIFP | burden-of-proof conspiracy controlled-substances criminal-law criminal-procedure drug-conspiracy drug-trafficking due-process statutory-interpretation sufficiency-of-evidence supreme-court-precedent | Whether the lower court's decision conflicts with Supreme Court and other circuit precedent concerning the government's burden to prove the evidence w… |
| 19-5926 | Refugio Quintanar v. United States | Fifth Circuit | 2019-09-13 | Denied | IFP | burden-of-proof confrontation-clause criminal-procedure due-process presentence-report procedural-unreasonableness sentencing sentencing-guidelines timely-objection | 1. Whether the defendant has the burden to deny and discredit the factual allegations of a Presentence Report that increase his or her sentence? 2. W… |
| 19-5907 | Luis Castaneda-Torres v. United States | Fifth Circuit | 2019-09-11 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-5865 | Pablo Sauste Balderas v. United States | Fifth Circuit | 2019-09-09 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-5774 | Patrick O. Neiss v. Montana | Montana | 2019-09-05 | Denied | Response WaivedIFP | burden-of-proof circumstantial-evidence constitutional-rights due-process fourth-amendment holland-v-united-states jury-instruction jury-instructions net-worth-prosecution particularity presumption-of-innocence probable-cause reasonable-doubt search-and-seizure | 1. In Holland v. United States, 348 U.S. 121, 125 (1954) this Court recognized the "inherent risk" of the use of circumstantial evidence, but held tha… |
| 19-5810 | Daniel Lopez DeJesus v. Jeff Premo, Superintendent, Oregon State Penitentiary | Ninth Circuit | 2019-09-05 | Denied | Response WaivedIFP | burden-of-proof constitutional-error criminal-procedure due-process harmless-error in-re-winship ineffective-assistance jury-instruction jury-instructions presumption winship | Mr. Dejesus alleged that his trial counsel was ineffective for failing to object to a jury instruction that effectively aided the state to surpass the… |
| 19-5829 | Yoni Castro-Lopez v. United States | Fifth Circuit | 2019-09-05 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-5802 | Travis Wade Matthews v. Pennsylvania | Pennsylvania | 2019-09-04 | Denied | Response WaivedIFP | appellate-review burden-of-proof civil-rights criminal-procedure dna-evidence dna-testing due-process identification jackson-standard jackson-v-virginia mccoy-v-louisiana victim-identification witness-identification | I. In a case where the identity of the person who brandished a gun is central to the case, is the choice of whether to ask for DNA testing of the gun,… |
| 19-5769 | Daniel J. Whitt v. Michele Buckner, Warden | Eighth Circuit | 2019-08-30 | Denied | IFP | burden-of-proof due-process expert-testimony eyewitness-identification ineffective-assistance-of-counsel line-up-procedure lineup-procedures police-procedure trial-strategy | DID TRIAL ATTORNEY PRE-TRIAL ZEEE CVE 1E HE TARAUEN 11S onl Me LIGENGE. BY WAITING 720 Lott, FAILED 70 SECURE AN EXPERT WITNESS ON LINE-UP TbéAr7 ~Fic… |
| 19-269 | Harold A. Flores v. Entergy Nuclear Operations, Inc. | Second Circuit | 2019-08-29 | Denied | adverse-employment-action burden-of-proof civil-rights employment-discrimination employment-law evidence prima-facie-case quantum-of-evidence retaliation summary-judgment title-vii | What quantum of evidence is sufficient to survive summary judgment on a Title VII retaliation claim - here, that defendant Entergy retaliated against … | |
| 19-5605 | Stephen Alan Macomber v. Kansas | Kansas | 2019-08-23 | Denied | Response WaivedIFP | 4th-amendment 5th-amendment burden-of-proof civil-liberties constitutional-rights due-process equal-protection fair-trial fourteenth-amendment sixth-amendment state-action use-of-force | 1. 'Olb'THE COURTS, "Tb fe'DE ' ft 9^)ec\Ficl OS^-DF-'C )'=k'vx-^' FftRCe: -ceirsw^ncO X^stb'Actic^ lower Ttt^ l5u£D£b or orocF TOR "YHE STf^S /Fb \… |
| 19-5686 | Ronnie L. Payne v. United States | District of Columbia | 2019-08-23 | Denied | Response WaivedIFP | burden-of-proof constitutional-error criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jury-instruction jury-instructions reasonable-doubt | WAS TRIAL COUNSEL'S PERFORMANCE OBJECTIVELY UNREASONABLE WHEN HE DID NOT OBJECT TO THE TRIAL JUDGE'S FAULTY REASONABLE-DOUBT INSTRUCTION DIRECTING THE… |
| 19-235 | Richard Jordan, et al. v. Virginia Department of Corrections | Fourth Circuit | 2019-08-22 | Denied | burden-of-proof civil-rights corrections-department death-penalty discovery discovery-rights due-process eighth-amendment glossip-standard glossip-v-gross lethal-injection method-of-execution section-1983 standing | 1. Whether the burden of proof demanded by Glossip in method-of-execution challenges requires commensurately broad discovery rights to provide plainti… | |
| 19-5679 | Maria Aide Delgado v. United States | Fifth Circuit | 2019-08-22 | Denied | Response WaivedIFP | actual-innocence burden-of-proof certificate-of-appealability due-process fifth-circuit-court habeas-corpus habeas-corpus-review-standard-of-proof ineffective-assistance-of-counsel post-conviction-review procedural-default schlup-standard standard-of-review | Whether there is a sufficient likelihood that rational jurors would have credited the post conviction evidence and, as a result, would have voted to c… |
| 19-230 | Douglas Prade v. Ohio | Ohio | 2019-08-21 | Denied | burden-of-proof criminal-procedure due-process federal-criminal-procedure fourteenth-amendment newly-discovered-evidence state-courts state-criminal-procedure trial-rights | With a single exception, criminal defendants in the United States seeking a new trial based on newly discovered evidence are required to establish onl… | |
| 19-232 | New Mighty U.S. Trust, et al. v. Robert Shi, as Executor of the Will of Yueh-Lan Wang, et al. | District of Columbia | 2019-08-21 | Denied | Amici (2)Response Waived | burden-of-proof choice-of-forum choice-of-law circuit-split civil-procedure conflict-of-laws forum-non-conveniens jurisdiction jurisdictional-doctrine standing venue | Whether a forum resident bears a heightened burden to establish that a suit brought by a foreign plaintiff should be dismissed under the doctrine of f… |
| 19-5645 | Thomas Potts v. California | California | 2019-08-20 | Denied | IFP | burden-of-proof criminal-procedure due-process jury-instruction jury-instructions possession-of-stolen-property reasonable-doubt robbery robbery-murder theft | Where a criminal defendant is charged with robbery (and thus death-eligible robbery-murder) and the jury must decide whether the prosecution proved ro… |
| 19-207 | David Grober, et al. v. Mako Products, Inc. | Federal Circuit | 2019-08-16 | Denied | Response Waived | burden-of-proof civil-procedure discovery due-process expense-sanctions federal-rules federal-rules-of-civil-procedure judicial-discretion litigation-compliance reasoned-decision rule-37 sanctions | Whether the mandatory expense sanctions of FRCP Rule 37, can be circumvented by a court ignoring, or reducing them, including to zero, absent the l… |
| 19-5571 | Carlos Eloy Garcia-Garcia v. United States | Fifth Circuit | 2019-08-14 | Denied | Response WaivedIFP | administrative-law administrative-procedure burden-of-proof criminal-law deportation due-process federal-criminal-law illegal-reentry immigration-law jurisdiction statutory-interpretation | Whether an alien may be "found" within the meaning of 8 U.S.C. §1326 before immigration authorities achieve actual knowledge of his or her actual pres… |
| 19-5497 | John McGill v. United States | Eleventh Circuit | 2019-08-08 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | burden-of-proof constitutional-rights criminal-procedure due-process fifth-amendment jury-instructions pattern-jury-instructions reasonable-doubt sixth-amendment | 1. When a district court issues erroneous jury instructions that include (a) to consider conviction with less than guilt beyond all reasonable doubt… |
| 19-5516 | Rayshawn Roshard Robertson v. United States | Eleventh Circuit | 2019-08-08 | Denied | Response WaivedIFP | 28-usc-2255 burden-of-proof constitutional-law constitutional-provision criminal-defendant criminal-procedure criminal-relief federal-procedure retroactive-application retroactive-constitutional-decision section-2255 sentencing sentencing-review statutory-interpretation statutory-maximum | I. Whether a criminal defendant moving for relief under 28 U.S.C. § 2255, based on a retroactive constitutional decision invalidating a federal statut… |
| 19-5455 | Jesus Rios-Garza v. United States | Fifth Circuit | 2019-08-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-5466 | James Michael Farrell v. United States | Fourth Circuit | 2019-08-06 | Denied | Response WaivedIFP | burden-of-proof criminal-defense criminal-defense-lawyer criminal-prosecution drug-distribution-organization due-process money-laundering willful-blindness | In the context of a criminal prosecution of a criminal defense lawyer who was charged with functioning as the "consiglieri" of a drug distribution org… |
| 19-5330 | Maurice Montrae Parks v. United States | Fourth Circuit | 2019-07-26 | GVR | IFP | burden-of-proof constitutional-validity criminal-conviction criminal-procedure criminal-statute due-process firearm-possession firearms jury-instruction jury-instructions mens-rea rehaif-v-united-states second-amendment statutory-interpretation | Whether a new trial is warranted where the District Court failed to instruct the jury that, in order to convict a person under 18 U.S.C. § 922(g), it … |
| 19-5346 | Jose Martinez v. United States | Second Circuit | 2019-07-25 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | acquitted-conduct burden-of-proof buyer-seller-defense criminal-conviction cross-examination drug-conspiracy due-process jury-instructions jury-trial sentencing sentencing-guidelines sixth-amendment | 1. A writ of certiorari is requested to determine whether this Court's decisions to allow district courts to use acquitted conduct in imposing sentenc… |
| 19-5291 | Tyrone Jordan v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. | Ninth Circuit | 2019-07-23 | Denied | Response WaivedIFP | burden-of-proof constitutional-review habeas-corpus habeas-proceeding iac-claim ineffective-assistance-counsel ineffective-assistance-of-counsel martinez-standard martinez-v-ryan post-conviction-counsel procedural-default standard-of-review trial-counsel | What is the District Court's duty and what standard is the Court to apply to a habeas proceeding presenting a substantial and meritorious IAC claim of… |
| 19-101 | Imperium IP Holdings (Cayman), Ltd. v. Samsung Electronics Co., Ltd., et al. | Federal Circuit | 2019-07-19 | Denied | Amici (2)Response Waived | appellate-review burden-of-proof credibility-determinations credibility-of-witnesses expert-testimony jury-trial jury-trial-rights jury-verdict patent-infringement patent-invalidity patent-validity seventh-amendment standard-of-review | The question presented is whether an appellate court may reverse a jury verdict based on its own view that expert testimony was credible, "unrebutted,… |
| 19-5231 | James D. Thomas, Jr., aka Wayne Thomas v. New York | New York | 2019-07-18 | Denied | IFP | appeal burden-of-proof civil-rights criminal-conviction criminal-procedure due-process evidentiary-rulings fair-trial jury-instructions prejudicial-error prosecutorial-misconduct reasonable-doubt sentencing sufficiency-of-evidence trial-court | .Should this court vacate the conviction where the petitioner failed to preserve the issue and the trial court denied defendant's Motion to set aside … |
| 19-5199 | Billy John Roberson v. Rowlett Police Department, et al. | Fifth Circuit | 2019-07-17 | Denied | Relisted (2)IFP | 2nd-amendment 2nd-amendment-rights absence-from-crime-scene aggravated-assault-elements assault-elements burden-of-proof conflict-of-interest criminal-procedure due-process insufficient-evidence penal-code second-amendment sentencing-issues standing texas texas-penal-code | 1. How could I receive an Guilty Verdict of aggravated assault with a deadly weapon at the time of this supposed incident, I, Billy John Roberson, di… |
| 19-5192 | Brenda Massaquoi v. American Credit Acceptance | Fourth Circuit | 2019-07-16 | Denied | IFP | burden-of-proof civil-rights discrimination employment-law hostile-work-environment intentional-discrimination national-origin prima-facie-case retaliation title-vii | Is a plaintiffs prima facie case of discrimination because of race, national origin and retaliation, combined with sufficient evidence for a reasonabl… |
| 19-5129 | Kendell Lee Starks v. United States | Eleventh Circuit | 2019-07-10 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 28-usc-2255 burden-of-proof criminal-defendant criminal-defendant-relief-28-usc-2255,retroactive- florida-conviction-resisting-with-violence,violent retroactive-constitutional-decision sentencing statutory-maximum Whether a Florida conviction for resisting with vi | Whether a criminal defendant moving for relief under 28 U.S.C. § 2255, based on a retroactive constitutional decision invalidating a federal statutory… |
| 19-5115 | Cordero Robert Seals v. United States | Eighth Circuit | 2019-07-09 | Denied | Response WaivedIFP | burden-of-proof burrage burrage-test but-for-causation causation-standard causation-test circuit-split contributing-causation contributing-cause eighth-circuit government-burden judicial-interpretation legal-standard seventh-circuit | I. WHETHER THE EIGHTH CIRCUIT MISINTERPRETED THE BUT-FOR CAUSATION TEST IN LIGHT OF THE GOVERNMENT'S BURDEN, AND INAPPROPRIATELY APPLIED THE CONTRIBUT… |
| 19-23 | Rockwood Casualty Insurance Company v. Director, Office of Workers’ Compensation Programs, Department of Labor, et al. | Tenth Circuit | 2019-07-02 | Denied | Relisted (2) | administrative-procedure-act agency-regulations agency-rulemaking black-lung-benefits-act burden-of-proof due-process evidence evidentiary-standards regulatory-amendment standing | Does requiring a wrongly-named Responsible Operator to issue benefits to a Claimant with normal pulmonary function and normal arterial blood gas testi… |
| 19-5 | Luis Arnaldo Baez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-06-28 | Denied | burden-of-proof constitutional-rights criminal-procedure due-process extraneous-evidence jury-instruction jury-trial limiting-instruction propensity-evidence | 1. Whether a jury instruction that permits conviction on proof of extraneous and propensity evidence, rather than on proof of all of the elements of a… | |
| 19-5005 | Ahmadou Sankara v. William P. Barr, Attorney General | Second Circuit | 2019-06-28 | Denied | Response WaivedRelisted (2)IFP | administrative-review asylum-application burden-of-proof cardoza-fonseca country-conditions immigration-law persecution political-persecution reasonable-possibility well-founded-fear | In order to establish a "well-founded fear" of persecution, an asylum applicant need only show a reasonable possibility that she or he will be persecu… |
| 19-5011 | Danny P. Phipps v. New York | New York | 2019-06-28 | Denied | IFP | 4th-amendment abandonment abandonment-property burden-of-proof burden-shifting civil-rights constitutional-rights due-process jury-selection pro-se-representation property-abandonment search-and-seizure standing | 1. Can Appellate Division develop a rule that shifts the burden from the People to a defendant to prove he or she did not abandon property making it… |
| 18-9830 | Michael Franklin Einfeldt v. United States | Eighth Circuit | 2019-06-27 | Denied | Response WaivedIFP | 2255-petition burden-of-proof criminal-procedure due-process habeas-corpus johnson-ruling johnson-v-united-states residual-clause sentencing sentencing-guidelines violent-felonies violent-felony | Whether, where the record is unclear, a 28 U.S.C. § 2255 petitioner should be required to "affirmatively prove" that the sentencing court relied on th… |
| 18-9809 | Willie Strong v. New York | New York | 2019-06-26 | Denied | IFP | automobile-presumption burden-of-proof criminal-procedure due-process fourteenth-amendment jury-instructions possession reasonable-doubt statutory-interpretation statutory-presumption | When is evidence sufficient to render the "Automobile Presumtion" N.Y. P.L. §265.15 (3)(a) inapplicable? Does the N.Y.P.L. §265.15 (3)(a), violates t… |
| 18A1363 | Abimael Ayala-Gonzalez v. New York | New York | 2019-06-26 | Presumed Complete | burden-of-proof circumstantial-evidence criminal-procedure due-process prosecutorial-misconduct racial-identification | Question not identified. | |
| 18-1573 | Zsolt Petko, et al. v. Carelton Courtyard | Texas | 2019-06-25 | Denied | Relisted (2) | burden-of-proof civil-procedure civil-rights due-process justice-of-peace justice-of-the-peace legal-action probable-cause property-rights texas-law texas-rules-of-civil-procedure towing towing-law | Question l: Does towing a person 's car constitute a legal action (TOC Sec. 2308.001)? Question 2: Does a person subjected to a legal action (i.e. t… |
| 18-1556 | Peggy Edwards, et al. v. Louisiana Workforce Commission, et al. | Louisiana | 2019-06-20 | Denied | Response Waived | administrative-law administrative-procedure agency-adjudication agency-decision burden-of-proof due-process evidence evidence-standard medical-claims medical-treatment standing workers-compensation | Under the Louisiana workers' compensation statute, workers injured on the job are entitled to appropriate employer-funded medical care, which is usual… |
| 18-1559 | Velma Brooks v. Industrial Claim Appeals Office, et al. | Colorado | 2019-06-20 | Denied | Response Waived | burden-of-proof civil-rights conspiracy due-process evidence falsification judicial-oversight judicial-review legal-conspiracy medical-evidence worker's-compensation workers-compensation | Colorado refuse to seek the truth in my case, by overlooking the evident and documents presented to them. This case was consisted with numerous of err… |
| 18-9616 | Rocky Riojas-Ordaz v. United States | Fifth Circuit | 2019-06-13 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 18-9653 | Todd Ricks v. United States | Fifth Circuit | 2019-06-13 | Denied | Response WaivedIFP | 28-usc-2255 armed-career-criminal-act burden-of-proof circuit-split federal-prisoner habeas-corpus residual-clause sentencing sentencing-enhancement statutory-interpretation successive-motion | When a federal prisoner demonstrates that the Armed Career Criminal Act's residual clause was a basis for enhancing his sentence, but fails to show th… |
| 18-9618 | Rafael Mata-Jimenez v. United States | Ninth Circuit | 2019-06-11 | Denied | Response WaivedIFP | ambiguous-record burden-of-proof categorical-approach deportation immigration-law modified-categorical-approach noncitizen-status record-of-conviction relief-from-removal removal-proceedings | Whether a criminal conviction bars a noncitizen from applying for relief from removal when the record of conviction is merely ambiguous as to whether … |
| 18-9493 | Jose Santillan v. United States | Fifth Circuit | 2019-05-31 | Denied | Response WaivedIFP | burden-of-proof circuit-split criminal-procedure due-process judicial-interpretation presentence-report sentencing sentencing-guidelines | Whether (as the D.C., Second, Eighth, Ninth, Tenth, and Eleventh Circuits hold, see United States U. Price, 409 F.3d 436, 444 (D.C. Cir. 2005; United … |
| 18-9502 | Christian Vazquez Capistran v. United States | Fifth Circuit | 2019-05-31 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 18-9487 | Willie Lee Johnson v. Brad Cain, Superintendent, Snake River Correctional Institution | Ninth Circuit | 2019-05-30 | Denied | Response WaivedIFP | burden-of-proof civil-rights constitutional-rights criminal-procedure double-jeopardy due-process effective-assistance-of-counsel judicial-interpretation jury-selection legal-ethics oregon-state-bar presumption-of-innocence | QUESTION No. 1: Did the Ore. State Bar and the Ore. Supreme Court's Chief Justice's approved adoption of the Bar American Association's Model Rules of… |
| 18-9433 | Timothy J. Stubbs v. United States | Tenth Circuit | 2019-05-29 | Denied | Response WaivedIFP | burden-of-proof criminal-activity financial-records financial-transparency fraud fraud-or-deceit kawashima-v-holder sentencing-enhancement sophisticated-means tax-assessment tax-evasion | Does the Government meet its burden of proof in a tax evasion case (as opposed to failure to file) where the financial records of the accused are trut… |
| 18-1479 | Jason P. Stinson v. United States | Eleventh Circuit | 2019-05-28 | Denied | Response Waived | 26-usc-7402 burden-of-proof disgorge disgorgement due-process due-process,tax-preparation,26-usc-7402,permanent- evidence injunction internal-revenue-code litigation-conduct permanent-injunction tax-preparation tax-preparer | 1. Whether issuing a permanent injunction and an order to disgorge $949,000 against the owner of a tax preparation business under 26 U.S.C. § 7402 of … |
| 18-9397 | Miguel Angel Barron v. Raymond Madden, Warden | Ninth Circuit | 2019-05-23 | Denied | Response WaivedIFP | burden-of-proof constitutional-law criminal-procedure due-process evidence evidence-suppression fair-trial fourth-amendment jury-instructions probable-cause relevance search-and-seizure self-defense warrantless-search | 1. CAN A STATE TRIAL COURT INSTRUCT A JURY WITH AN INSTRUCTION THAT REDUCES THE FAIRNESS CONTAINED IN THE DUE PROCESS CLAUSES? 2. CAN A STATE TRIAL C… |
| 18-9410 | Morris Sanders v. Walmart Stores East, L.P. | Eleventh Circuit | 2019-05-23 | Denied | Response WaivedIFP | burden-of-proof civil-rights credibility-determination employment-discrimination evidence-weighing jury-trial retaliation summary-judgment title-vii workplace-discrimination | Where the federal courts below decided for themselves every triable fact issue crucial to petitioner's workplace discrimination and retaliation claims… |
| 18-1458 | Charles J. Vernier v. Debra Gallegos | New Mexico | 2019-05-22 | Denied | Response Waived | 42-usc-1983 4th-amendment 4th-amendment-search burden-of-proof circuit-precedent circuit-split civil-rights clearly-established clearly-established-law consent consent-burden fourth-amendment implied-consent qualified-immunity search-and-seizure | On May 4, 2013, Respondent Debra Gallegos was stopped at a DWI checkpoint in New Mexico. Petitioner Charles Vernier, a New Mexico State Police Officer… |
| 18-9343 | Joe Carroll Ziglar v. United States | Eleventh Circuit | 2019-05-20 | Denied | Relisted (2)IFP | armed-career-criminal-act burden-of-proof circuit-split gatekeeping-requirement johnson-claim johnson-v-united-states residual-clause section-2255 sentencing-enhancement violent-felony | In Johnson v. United States , this Court invalidated the residual clause of the Armed Career Criminal Act, but left intact the two remaining definitio… |
| 18-9277 | Melvin Scott Morman v. United States | Eleventh Circuit | 2019-05-14 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | §-2255-motion armed-career-criminal-act burden-of-proof circuit-split criminal-procedure enumerated-offenses-clause johnson-rule johnson-v-united-states residual-clause section-2255 sentencing-enhancement violent-felony | In Johnson v. United States, this Court invalidated the residual clause of the Armed Career Criminal Act, but left intact the two remaining definition… |
| 18-1426 | Samantha L. Coleman v. Schneider Electric USA, Inc. | Fourth Circuit | 2019-05-14 | Denied | Response Waived | burden-of-proof civil-rights credibility-determinations employment-discrimination jury-trial McDonnell-Douglas mcdonnell-douglas-framework race-discrimination retaliation-claim summary-judgment title-vii workplace-discrimination | 1. Has the McDonnell Douglas framework for determining workplace discrimination been fatally undermined and petitioner's right to a jury trial denied … |
| 18-9219 | Yaqob Tafan Thomas v. Joseph P. Meko, Warden | Sixth Circuit | 2019-05-09 | Denied | Response WaivedIFP | aggravating-factor alternative-means burden-of-proof constitutional-challenge constitutional-scrutiny due-process jury-instructions presumption richardson-v-us-schad-v-arizona | 1. DOES IT VIOLATE THE DUE PROCESS CLAUSE WHEN A STATE INTENTIONALLY REFUSES TO DEFINE EVERY ELEMENTAL FACT IN "ALTERNATIVE MEANS" STATUTE THEREBY CR… |
| 18-9134 | Joe Clopton v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-05-03 | Denied | Relisted (2)IFP | amending-indictment brady-violation burden-of-proof child-support cps-records criminal-procedure defense-strategy double-jeopardy due-process effective-assistance-of-counsel exculpatory-evidence false-allegations grand-jury ineffective-assistance lesser-included-offense medical-records nolo-contendere plain-error sixth-amendment social-worker-testimony | I. WHY WAS THE MEDICAL RECORDS NEVER INTRODUCED INTO EVIDENCE? 2. WHY WAS PETITIONER DENIED EFFECTIVE ASSIST. OF COUNSEL? A VIOLATION OF SIXTH AMENDM… |
| 18-9062 | Derek Ray King v. United States | Fifth Circuit | 2019-05-01 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof criminal-procedure cross-examination due-process indictment jury-trial reasonable-doubt sentencing supervised-release | 1. Whether violations of supervised release that require or permit additional imprisonment must be proven to a jury beyond a reasonable doubt, place d… |
| 18-9078 | Tina Bradford v. Workers' Compensation Appeals Board, et al. | California | 2019-05-01 | Denied | Response WaivedIFP | burden-of-proof compromise-and-release cumulative-trauma federal-labor-standards federal-labor-standards-act fourteenth-amendment icd-9 medical-diagnosis qme-ame qme-procedures workers-compensation | The Question has to do with The Workers' Compensation Appeals Board of the State of California and all states, Healthcare and the Burden of Proof in d… |
| 18-9048 | Brian Boykins v. Robert Napel, Warden | Sixth Circuit | 2019-04-30 | Denied | Response WaivedIFP | appellate-review burden-of-proof civil-rights criminal-procedure due-process evidentiary-hearing federal-court right-to-counsel standard-of-review standing trial-court-record | 1. WHERE A FEDERAL COURT MUST GRANT AN EVIDENTIARY HEARING AND DENIES, IS THAT ERROR? 2. IN A SHOW CAUSE HEARING TRIAL COURT DEEMED IT NECESSARY FOR … |
| 18-1367 | Norfolk Southern Railway Company v. Mark A. Sumner | Virginia | 2019-04-30 | Denied | Response RequestedResponse WaivedRelisted (2) | burden-of-proof but-for-causation but-for-cause causation civil-procedure common-law employee-injury federal-employers-liability-act federal-employers-liability-act-fela fela negligence proximate-cause railroad-liability | Whether FELA permits liability when the plaintiff cannot meet the common-law standard of proof for but-for causation. |
| 18-9003 | Ariel Brown v. United States | Fifth Circuit | 2019-04-29 | Denied | Response WaivedIFP | and whether false allegations in a Presentence In burden-of-proof criminal-procedure due-process government-burden presentence-report sentencing sentencing-enhancement weapons-enhancement weapons-possession | 1. When a defendant submits a sworn Declaration attached to her objections to a Presentence Report, which denies certain key required elements of the … |
| 18-8980 | Raheem D. Louis v. United States | Third Circuit | 2019-04-24 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process evidence identification witness-testimony | Question not identified. |
| 18-8984 | Nathan Caetano v. Suzanne M. Peery, Warden | Ninth Circuit | 2019-04-24 | Denied | Response WaivedIFP | aedpa burden-of-proof civil-rights due-process habeas-corpus mental-competency mental-incompetence ninth-circuit-precedent ninth-circuit-test retrospective-competency-determination retrospective-determination state-action structural-error | Is AeDpA (i)(B) and ts determination actvally a retrospective determination where mental incompetence is the impediment? Competency DOES AEDPACISCB):… |
| 18-8957 | Scott Matthew Goss v. United States | Fifth Circuit | 2019-04-23 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure drug-trafficking due-process federal-courts sentencing-enhancement sentencing-guidelines weapon-possession | 1. May a court accept a mere allegation of possession of a weapon as satisfaction of the Government's initial burden of proof requirement supporting t… |
| 18-8965 | Olusola Olla v. United States | Fourth Circuit | 2019-04-23 | Denied | Response WaivedIFP | burden-of-proof circuit-split criminal-knowledge criminal-law criminal-procedure deliberate-indifference federal-courts investigative-standard jury-instructions mens-rea prosecutorial-evidence statutory-interpretation willful-blindness | 1. Whether, in a criminal case where a statute requires proof of knowledge, the government may establish the requisite knowledge with evidence of a fa… |
| 18-8916 | Steven Lawrence Wright v. California | California | 2019-04-19 | Denied | IFP | abuse-of-discretion burden-of-proof criminal-procedure criminal-trial due-process fifth-amendment jury-instruction jury-instructions legal-standard motion-for-new-trial new-trial standard-of-review | As to Count 1 the murder conviction, Did the trial court's erroneous jury instruction of CALCRIM No. 301 lower the prosecution's burden of proof stand… |
| 18-8771 | Timothy Barr v. Rebecca Pearson, et al. | Eighth Circuit | 2019-04-10 | Denied | Response WaivedIFP | 8th-circuit-review burden-of-proof civil-procedure civil-rights due-process due-process-rights judicial-authority jury-trial prisoner-civil-rights prisoner-rights pro-se-litigation standing supreme-court-precedent | Does the 8th circuit federal court of appeals, have the authority to supersede the standards and precedent set by the United States Supreme Court in p… |
| 18-8782 | Cesar Lopez-Rodriguez v. United States | Fifth Circuit | 2019-04-10 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 18-8739 | Armando Lopez v. Massachusetts | Massachusetts | 2019-04-09 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | ammunition burden-of-proof burden-shifting constitutional-rights criminal-defendant criminal-procedure due-process firearm firearm-possession unauthorized-possession | Does the Due Process Clause permit the Commonwealth of Massachusetts to shift the burden to criminal defendants charged with unauthorized possession o… |
| 18-1280 | Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc., et al. | Federal Circuit | 2019-04-08 | Denied | Amici (5) | blocking-patent-doctrine blocking-patents burden-of-proof graham-v-john-deere nonobviousness objective-indicia obviousness patent patent-law patent-obviousness pharmaceutical-innovation prior-art | Under 35 U.S.C. § 103, a patent "may not be obtained . .. if the differences between the claimed invention and the prior art are such that the claimed… |
| 18-8684 | Robert E. Young v. Megan J. Brennan, Postmaster General | Seventh Circuit | 2019-04-03 | Denied | Response WaivedIFP | 7th-amendment administrative-law burden-of-proof civil-procedure civil-rights due-process jury-trial mixed-cases pro-se-litigants pro-se-litigation rules-of-evidence standing summary-judgment | Did the 7th District Court and the 7th Circuit Cowl in it's concurrence of the lower court's ruling, deny the Appellant the protection and benefits gr… |
| 18-8674 | Dewayne Montgomery v. Garry Lewis Properties | Louisiana | 2019-04-02 | Denied | Response WaivedIFP | appellate-review burden-of-proof civil-procedure civil-rights discovery due-process landlord-tenant precedent slum-landlords standing summary-judgment tenant-rights tenants | Whether the court of appeal's decision below, which effectively shifted the burden of proof onto Petitioner, a non-moving party at the summary judgmen… |
| 18-8590 | Harlin Argelio Ramos v. Utah | Utah | 2019-03-27 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure ineffective-assistance-of-counsel jury-instructions prejudice self-defense | Did the utah appellate Caurt err in holding that the erroneous jury instruetion, which impermissibly shifted the biurden of proof onto Petitioner/Defe… |
| 18-8565 | Evender Gene Jackson v. Texas | Texas | 2019-03-26 | Denied | IFP | burden-of-proof constitutional-error direct-appeal harmless-error ineffective-assistance-counsel ineffective-assistance-of-counsel jury-instruction jury-instructions standard-of-review strickland-standard strickland-test strickland-v-washington | IF A TRIAL ATTORNEY'S FAILURE TO OBJECT TO THE OMMISION OF A REQUIRED INSTRUCTION FROM THE JURY CHARGE RAISES THE BURDEN OF PROOF ON DIRECT APPEAL, WH… |
| 18-8566 | John Bartholomew Lowe v. Mississippi | Mississippi | 2019-03-26 | Denied | Response WaivedIFP | burden-of-proof circumstantial-evidence civil-procedure criminal-procedure direct-evidence evidence jury-instructions standard-of-review | WHETHER MULTIPLE INSTANCES OF CIRCUMSTAINTZAL Question not identified. |
| 18-1220 | Cleveland Franklin v. American Elevator Inspections, Inc. | Texas | 2019-03-20 | Denied | 7th-amendment affidavit-evidence burden-of-proof civil-procedure civil-rights due-process elevator-safety evidence negligence personal-injury standing summary-judgment trial-by-jury | Petitioner Cleveland Franklin was trapped in a residential elevator with no telephone. Using his fists, he saved his life by pounding his way out to f… | |
| 18-8471 | Arthur Abraham v. California | California | 2019-03-19 | Denied | Response WaivedIFP | burden-of-proof confinement due-process insanity-acquittee mental-health personality-disorder personality-traits release state-confinement | The first question presented is whether the Due Process Clause permits the State to continue to confine an insanity acquittee after he has recovered h… |
| 18-8404 | Adrian Laroy Seymore v. United States | Ninth Circuit | 2019-03-15 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure district-court-discretion due-process evidence evidentiary-standard government-evidence presentence-investigation-report sentencing sentencing-guidelines standard-of-review | Whether a District Court erred in applying a guideline enhancement based solely on allegations contained in the Presentence Investigation Report after… |
| 18-8431 | David Kelly Brewster v. Florida | Florida | 2019-03-14 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof compensation constitutional-rights due-process equal-protection fourteenth-amendment legal-precedent restitution wrongful-incarceration | Nelson v. Colorado, 581 U.S.__, 137 S. Ct. 1249 (2017) tore down the wall Colorado had built to prevent persons from receiving their valid returns of … |
| 18-1161 | Regena Bryant v. UnitedHealth Group, Inc., et al. | Ninth Circuit | 2019-03-07 | Denied | Response Waived | age-discrimination burden-of-proof burden-shifting civil-rights due-process employment-discrimination mcdonnell-douglas mcdonnell-douglas-framework prima-facie-case summary-judgment title-vii | This case is a Non-Mixed Motive and Non-Pretext Title VII employment discrimination suit. The exclusive focus in this case is the sort of showing a Ti… |
| 18-1148 | Kimberly Franett-Fergus v. Omak School District 19, et al. | Ninth Circuit | 2019-03-05 | Denied | burden-of-proof circumstantial-evidence civil-rights diversity diversity-considerations employment employment-discrimination hiring-practices national-origin protected-classes race racial-bias religion summary-judgment | 1. Whether a plaintiff may rely on ethnically distinct names in proving circumstantial evidence of how an employer regards the job candidates' race, r… | |
| 18-8291 | Juanita Garcia v. Deborah Johnson, Warden | Ninth Circuit | 2019-03-05 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure evidence habeas habeas-corpus ineffective-assistance-of-counsel prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington | In order to obtain federal habeas relief for a violation of the Sixth Amendment right to the effective assistance of counsel, Strickland v. Washington… |
| 18-1133 | Henry J. Langer, et ux. v. Commissioner of Internal Revenue | Eighth Circuit | 2019-03-01 | Denied | Response Waived | 8th-circuit burden-of-proof civil-procedure clear-and-convincing-evidence penalty-assessment tax-court tax-court-review tax-evasion tax-fraud tax-liability tax-penalties | Whether Respondent has proved by clear and convincing evidence that Henry J. Langer is liable for the fraud penalty for the years 2011, 2012, and 2013… |
| 18-8117 | Brandon Pete v. United States | Ninth Circuit | 2019-02-26 | Denied | Response WaivedIFP | burden-of-proof constitutional-proportionality juvenile-sentencing life-without-parole miller-v-alabama montgomery-v-louisiana offense-level-43 sentencing-guidelines title-18 | I. May the sentence of a juvenile convicted as an adult of a non-premeditated homicide constitutionally start from a guideline of life-without-parole… |
| 18-8087 | Joseph Michael Kurz v. Louisiana | Louisiana | 2019-02-25 | Denied | Response WaivedIFP | burden-of-proof capital-trial criminal-procedure due-process harmless-error judicial-discretion prosecutorial-misconduct sentencing sentencing-error standard-of-review statute-of-limitations time-limitations witness-testimony | Reasonable jurists would determine that the district court erred in allowing the State to prosecute Mr. Kurz for an allegations that the time limitati… |
| 18-8129 | Charles Russell v. Texas | Texas | 2019-02-25 | Denied | IFP | 2nd-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence evidence-admission reasonable-doubt social-media social-media-evidence witness-testimony | Did the Trial Court relieve the state of its burden to prove guilt beyond a reasonable doubt when it allowed the state to show the jury photos found o… |
| 18-8091 | Alvin Jakelyn Williams v. United States | Fourth Circuit | 2019-02-22 | Denied | Response WaivedIFP | burden-of-proof conclusively-apparent-from-the-record direct-appeal due-process ineffective-assistance-of-counsel judicial-procedure standard-of-proof standard-of-review summary-rejection | Whether the court of appeals summary rejection of an ineffective assistance of counsel claim on direct appeal by placing the burden on the defendant a… |
| 18-1089 | Annette Benjamin v. Felder Services, L.L.C., dba Oxford Health and Rehab Center | Fifth Circuit | 2019-02-21 | Denied | age-discrimination burden-of-proof civil-rights direct-evidence disparate-treatment employment-act employment-discrimination employment-law poor-performance pretext summary-judgment workplace-discrimination | In a case brought under the Age Discrimination in Employment Act, where a long-term, older employee is displaced by a younger employee, may a court pr… | |
| 18-8014 | Wyley Tomas Baird v. Tammy Foss, Acting Warden | Ninth Circuit | 2019-02-19 | Denied | IFP | burden-of-proof civil-rights criminal-procedure due-process evidence federal-court ineffective-assistance-of-counsel judgment jury-instructions opinion petition prosecutorial-misconduct reasonable-doubt sexual-assault supreme-court writ-of-certiorari | Was Petitioner denied a Constitutional due process of law and the right to be convicted only upon proof beyond a reasonable doubt in the absence of su… |
| 18-7973 | Jaime Villa v. United States | Ninth Circuit | 2019-02-14 | Denied | Response WaivedIFP | bank-robbery burden-of-proof crime-of-violence criminal-evidence criminal-law criminal-procedure due-process eighth-amendment federal-rules-of-evidence jury-instructions reasonable-doubt sufficiency-of-evidence | I. Whether There Was Insufficient Evidence To Prove Villa Guilty Beyond A Reasonable Doubt? II. Whether Armed Bank Robbery Constitutes A Crime Of Vio… |
| 18-1064 | In Re Octavious DeMont Williams | 2019-02-13 | Denied | 21-usc-841 burden-of-proof constitutional-due-process constitutional-rights controlled-substance criminal-procedure due-process elements-of-crime fifth-amendment judicial-misconduct jury jury-finding jury-trial | Whether petitioner's constitutional due process was violated when he was deprived of the fundamental right that a jury find him guilty of all elements… | ||
| 18-7948 | Cesar Carapia Hernandez v. United States | Fifth Circuit | 2019-02-13 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 18-1043 | Adam Clayton Zilm v. Oklahoma | Oklahoma | 2019-02-08 | Denied | Response RequestedRelisted (2) | burden-of-proof coerced-testimony criminal-procedure due-process false-testimony napue-standard napue-v-illinois recantation reliability-hearing witness-coercion | 1. What is the burden of proof for the accused to show an error under Napue? 2. Did Zilm meet this burden? |
| 18-7858 | Arif Majid v. Jeff Noble, Warden | Sixth Circuit | 2019-02-08 | Denied | Response WaivedIFP | burden-of-proof closing-argument constitutional-rights due-process fair-trial jury-bias jury-instructions prosecutorial-misconduct religious-prejudice trial-fairness | Whether a prosecutor's appeals to religious prejudice in closing argument and throughout trial to inflame the passions of the jury embody animus or of… |
| 18-7804 | Denandias Watson v. United States | Eleventh Circuit | 2019-02-07 | Denied | Response WaivedIFP | armed-career-criminal-act burden-of-proof collateral-review criminal-procedure due-process residual-clause retroactivity sentencing sentencing-enhancement statutory-interpretation | In Johnson v. United States, this Court held that the residual clause of the Armed Career Criminal Act is unconstitutional. In Welch v. United States,… |
| 18-7820 | Kelly Winton Pierce v. Erik Hooks | Fourth Circuit | 2019-02-07 | Denied | Response WaivedIFP | burden-of-proof civil-rights criminal-conviction criminal-procedure due-process essential-element jury-instructions sex-offender sex-offender-registration | BELOME UACDNSTITUTIONAL IN VIDLATIDAL OF DUE PROCESS LHEN THE TRIAL JUDGE LHAISGES AND EXPALDS THE DEFIILITIAN DF A ESSESTIAL ELEMELLT DF THE LRIME CH… |
| 18-7835 | Iouri Mikhel v. United States | Ninth Circuit | 2019-02-07 | Denied | IFP | burden-of-proof competency competency-hearing criminal-procedure death-penalty due-process federal-criminal-procedure federal-judiciary hostage-taking judicial-discretion mental-health recusal standard-of-proof treaty-power trial-procedure | 1. Due process requires the trial court to order a competency hearing whenever the uncontradicted evidence raises a doubt as to the defendant's compet… |
| 18-7780 | Joseph Lemoine v. Darrel Vannoy, Warden | Fifth Circuit | 2019-02-06 | Denied | Response WaivedIFP | burden-of-proof burden-of-proof-beyond-reasonable-doubt constitutional-rights daubert-standard due-process effective-assistance-of-counsel essential-elements-of-offense expert-witness fourteenth-amendment reasonable-doubt sixth-amendment sufficiency-of-evidence | Whether reasonable jurists could argue that the State failed to meet its burden of proof beyond a reasonable doubt, every essential element of the off… |
| 18-7782 | James E. Mason, Jr. v. Darrel Vannoy, Warden | Fifth Circuit | 2019-02-06 | Denied | IFP | batson-challenge batson-challenges burden-of-proof confrontation confrontation-clause constitutional-rights criminal-procedure due-process impeached-testimony ineffective-assistance-of-counsel ineffective-counsel insufficient-evidence jury-instructions jury-selection race-neutral-challenges | Reasonable jurists would conclude that the State obtained Mr. Masons with insufficient evidence. Jurists of reason would determine that Mr. Mason was… |
| 18-7762 | Douglas Fauconier v. Harold W. Clarke, Director, Virginia Department of Corrections, et al. | Fourth Circuit | 2019-02-05 | Denied | Response WaivedIFP | administrative-procedure burden-of-proof civil-rights constitutional-rights due-process legitimate-penological-interests penological-interests prison-regulation prison-regulations prisoner-rights | 1. What minimum showing of proof must prison officials establish on the record, to meet their initial burden of proof, in demonstrating that a prison … |
| 18-7626 | Gregory Haynes v. Illinois | Illinois | 2019-01-29 | Denied | Response WaivedIFP | burden-of-proof constitutional-rights due-process fair-trial legal-standards miscarriage-of-justice second-degree-murder self-defense trial-court-error | Whether the Petitioner was denied his constitutional rights to due process and a fair trial when the trial court made multiple comments that reflected… |
| 18-7645 | Alhan Sanchez v. United States | Fifth Circuit | 2019-01-29 | Denied | Response WaivedIFP | appellate-review burden-of-proof criminal-guidelines due-process mcmillan-v-pennsylvania meacham-v-fano minor-role-adjustment mitigating-role preponderance-of-evidence sentencing-enhancement sentencing-guidelines united-states-v-watts vulnerable-victim | The United States Court of Appeals for the Fifth Circuit (sometimes referred to as "the Fifth Circuit" or "the Appellate Court") upheld on appeal a se… |
| 18-987 | McKesson Corporation, et al. v. True Health Chiropractic, Inc., et al. | Ninth Circuit | 2019-01-29 | Denied | Amici (2)Response RequestedResponse WaivedRelisted (2) | affirmative-defenses burden-of-proof civil-procedure class-certification federal-rules-of-civil-procedure halliburton-v-erica-p-john-fund predominance rule-23 | This Court has repeatedly said that a plaintiff seeking class certification under Federal Rule of Civil Procedure 23(b)(3) bears the burden of proving… |
| 18-7570 | Anthony Eugene Hardeman v. United States | Fifth Circuit | 2019-01-25 | Denied | Response WaivedIFP | 28-usc-2255 armed-career-criminal-act burden-of-proof circuit-split federal-prisoner habeas-corpus residual-clause sentencing sentencing-enhancement statutory-interpretation successive-motion | When a federal prisoner demonstrates that the Armed Career Criminal Act's residual clause was the only lawful basis to enhance his sentence, but fails… |
| 18-7586 | Zachary T. Frey v. United States | Eleventh Circuit | 2019-01-25 | Denied | Response WaivedIFP | armed-career-criminal-act burden-of-proof collateral-review criminal-procedure judicial-interpretation post-sentencing-case-law post-sentencing-law residual-clause retroactivity sentencing-enhancement | In Johnson v. United States, 135 S. Ct. 2551 (2015), this Court declared the Armed Career Criminal Act's (ACCA) residual clause unconstitutionally vag… |
| 18-7515 | Jafaria Deforrest Newton v. Illinois | Illinois | 2019-01-24 | Denied | Response WaivedIFP | burden-of-proof criminal-law criminal-penalty due-process equal-protection establishment-clause first-amendment presumption religious-worship statutory-presumption | 1. Whether the presumption in § 407(b)(2) —that structures with traditional characteristics associated with churches or synagogues are places used pri… |
| 18-7455 | Josue Israel Sanchez v. California | California | 2019-01-17 | Denied | IFP | burden-of-proof civil-rights criminal-procedure due-process fair-trial government-misconduct presumption-of-innocence prosecutorial-misconduct wrongful-conviction | Is the Californa Leaal Systan allowed to tyranate Prosecution, Conviction. and the appeal of ar innocent mon. with imownity Because the vest of the go… |
| 18-7426 | Terry Lamell Ezell v. United States | Ninth Circuit | 2019-01-16 | Denied | IFP | 28-usc-2255 aedpa armed-career-criminal-act burden-of-proof collateral-review constitutional-vagueness johnson-retroactivity johnson-v-united-states procedural-burden retroactivity sentencing-enhancement welch-v-united-states | Where (1) the sentencing record is silent or does not clearly establish if the district court relied on the Armed Career Criminal Act's residual claus… |
| 18-7466 | Glenn Bennett, Jr. v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-01-16 | Denied | Response WaivedIFP | burden-of-proof constitutional-rights criminal-defense criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions sixth-amendment | This petition presents the questions of whether reasonable jurists can debate the following issues: 1. Whether the erroneous jury instruction given i… |
| 18-926 | Putnam Investments, LLC, et al. v. John Brotherston, Individually and on Behalf of All Others Similarly Situated, et al. | First Circuit | 2019-01-16 | Denied | CVSGAmici (4)Relisted (2) | active-management burden-of-proof circuit-split erisa erisa-fiduciary erisa-fiduciary-duty fiduciary-duty index-funds investment-options loss-causation | A fiduciary of an ERISA plan is personally liable for "losses to the plan resulting from" a breach of fiduciary duty. 29 U.S.C. § 1109(a). Fiduciarie… |
| 18-7424 | William Felix Vail v. Louisiana | Louisiana | 2019-01-15 | Denied | Response WaivedIFP | burden-of-proof circumstantial-evidence civil-code criminal-evidence doctrine-of-chances due-process forensic-evidence physical-proof presumption-of-innocence presumptive-evidence reasonable-doubt | Did the Stale offer sufficient evidence to prove guilt beyond a reasonable doubt? Should the State have been allowed to offer evidence via the Doctri… |
| 18-7393 | Rodrigo Roman v. United States | Fifth Circuit | 2019-01-14 | Denied | Response WaivedIFP | appellate-review burden-of-proof criminal-procedure drug-offense due-process firearm-enhancement firearm-possession guidelines-interpretation sentencing-enhancement sentencing-guidelines sentencing-guidelines-enhancement stare-decisis | Petitioner, RODRIGO ROMAN, appealed his ten-year statutory minimum sentence imposed after he pleaded guilty to conspiracy to possess with intent to di… |
| 18-7371 | Nicole Johnson v. California | California | 2019-01-11 | Denied | Response WaivedIFP | burden-of-proof circumstantial-evidence civil-rights criminal-conviction criminal-procedure due-process jury-instructions presumption-of-innocence reasonable-doubt stolen-property | Petitioner snatched a patron's purse at a McDonald's restaurant, and a jury convicted her of robbery and receiving stolen property (the getaway pickup… |
| 18-7379 | Edward Bruno Garcia v. United States | Eleventh Circuit | 2019-01-11 | Denied | IFP | 28-usc-2255 acca-sentence armed-career-criminal-act burden-of-proof circuit-split johnson-claim johnson-v-united-states residual-clause section-2255 | In Johnson v. United States, 135 S. Ct. 2551 (2015) (Johnson), this Court declared unconstitutional the residual clause of the Armed Career Criminal A… |
| 18-7297 | Donnie Howard v. California | California | 2019-01-10 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure jury-instructions jury-trial reasonable-doubt burden-of-proof due-process fourteenth-amendment jury-instructions jury-trial reasonable-doubt sixth-amendment | 1. Did the trial court's statements during jury selection equating being convinced beyond a reasonable doubt with being "sure" or "positive" of guilt … |
| 18-7345 | Mario Gonzalez v. United States | Fifth Circuit | 2019-01-10 | Denied | Response WaivedIFP | 18-usc-2518(9) burden-of-proof due-process exclusionary-mandate mens-rea notice statutory-interpretation wire-intercepts | In the case, as in hundreds of cases over the years since the enactment of Title III of the Omnibus Crime Control and Safe Streets Act of 1968, which … |
| 18-7307 | Yoni Rayo-Espinoza v. United States | Fifth Circuit | 2019-01-09 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 18-7267 | Mashawn Greene v. Scott Semple, Commissioner, Connecticut Department of Correction | Connecticut | 2019-01-07 | Denied | Response WaivedIFP | burden-of-proof constitutional-law constitutional-rights cooperating-witness criminal-trial criminal-trials due-process false-testimony government-witnesses prosecutor-duty prosecutorial-misconduct | Whether the due process clause of the United States Constitution requires that prosecutors bear the burden of preventing and correcting false or misle… |
| 18-7229 | Telisa De'Ann Blackman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-01-04 | Denied | Response WaivedIFP | aedpa brady-claim brady-giglio-napue brady-rule burden-of-proof exculpatory-evidence federal-habeas federal-writ giglio-claim giglio-rule napue-claim napue-rule prosecutorial-misconduct successive-petitions | Should a prisoner be substantively disadvantaged by having to meet a higher burden of proof on her Brady/Giglio/Napue claims because the prosecution h… |
| 18-7238 | Antron Edwards v. United States | Eleventh Circuit | 2019-01-04 | Denied | Response WaivedIFP | 28-usc-2255 armed-career-criminal-act burden-of-proof civil-rights collateral-review due-process johnson-rule johnson-v-united-states residual-clause retroactivity sentencing-burden-of-proof statutory-interpretation welch-v-united-states | In Johnson v. United States, this Court held that the residual clause of the Armed Career Criminal Act is unconstitutional. In Welch v. United States,… |
| 18-7219 | Jose Amador and Diana Mekaeil v. United States | Tenth Circuit | 2019-01-02 | Denied | IFP | appellate-review burden-of-proof circuit-split criminal-procedure due-process exclusionary-rule invited-error judicial-procedure legal-burden standard-of-review warrantless-search | Whether a finding of invited error requires a finding of deliberateness. |
| 18-7167 | Cornelius Tyrone Kirsh v. Louisiana | Louisiana | 2018-12-26 | Denied | Response WaivedIFP | aggravated-flight burden-of-proof criminal-procedure double-jeopardy due-process habitual-offender insufficient-evidence involuntary-statements reasonable-doubt sufficiency-of-evidence | Whether reasonable jurist would debate that the State failed to meet its burden of proof of beyond a reasonable doubt that Mr. Kirsh Is guilt Reasona… |
| 18-7139 | James Castleman Gipson v. United States | Fifth Circuit | 2018-12-21 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof circuit-split criminal-procedure due-process judicial-review presentence-report sentencing | Whether (as the D.C., Second, Eighth, Ninth, Tenth, and Eleventh Circuits hold, see United States U. Price, 409 F.3d 436, 444 (D.C. Cir. 2005; United … |
| 18-7130 | Matthew G. Alden, Jr. v. Massachusetts | Massachusetts | 2018-12-19 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof criminal-charges criminal-charges-text-messages criminal-procedure due-process ineffective-assistance jury-instructions preponderance-of-evidence preponderance-of-the-evidence proof-beyond-reasonable-doubt reasonable-doubt right-to-acquittal structural-error text-message-evidence text-messages | When the government brings criminal charges based on an allegation that the defendant sent a series of text messages, does it violate the defendant's … |
| 18-7039 | Alexander Ndaula v. United States | First Circuit | 2018-12-17 | Denied | Response WaivedIFP | 18-usc-3553 5th-amendment 6th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidentiary-hearing loss-amount sentencing sentencing-enhancement statutory-interpretation | The 5th & 6th amendments to the Constitution guarantee fairness in criminal proceedings to the accused. When the verification of a sentence enhancemen… |
| 18-767 | Ancient Coin Collectors Guild v. United States | Fourth Circuit | 2018-12-17 | Denied | Response Waived | 5th-amendment archaeological-objects burden-of-proof civil-forfeiture cultural-property due-process export-control import-restrictions prospective-application unesco-convention | 1. Did the courts below violate the Guild's 5th Amendment Due Process Rights when they authorized the forfeiture of the Guild's private property witho… |
| 18-7029 | Jorge Ruelas-Martinez v. United States | Fifth Circuit | 2018-12-13 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-6975 | Roy Arlen Van Nortrick v. Louisiana | Louisiana | 2018-12-11 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process duress duress-inducements-promises involuntary-statements judicial-error jury-instructions reasonable-doubt | Whether reasonable jurist would debate that the State failed to meet its burden of proof of beyond a reasonable doubt that Mr. Van Nortrick is guilt. … |
| 18-6989 | Jessie Lee Smith v. United States | Eleventh Circuit | 2018-12-11 | Denied | IFP | acca-sentencing armed-career-criminal-act burden-of-proof collateral-review due-process johnson-rule johnson-v-united-states post-sentencing-case-law residual-clause retroactivity statutory-interpretation welch-v-united-states | In Johnson v. United States, this Court held that the residual clause of the Armed Career Criminal Act is unconstitutional. In Welch v. United States,… |
| 18-6936 | Anthony Bernard Harris v. United States | Eleventh Circuit | 2018-12-06 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | armed-career-criminal-act burden-of-proof collateral-review due-process elements-clause enumerated-crimes-clause johnson-rule residual-clause retroactivity sentencing-enhancement statutory-interpretation | In Johnson v. United States, this Court held that the residual clause of the Armed Career Criminal Act is unconstitutional. In Welch v. United States,… |
| 18-6904 | Oree Roberson v. United States | Fifth Circuit | 2018-12-03 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof chavez-meza chavez-meza-v-united-states circuit-conflict due-process fifth-circuit judicial-review mitigation presentence-report sentencing sentencing-guidelines sentencing-procedure standard-of-review | I. Whether the defendant bears the burden to establish that objected to information in the Presentence Report is materially untrue, or whether, instea… |
| 18-6873 | Angela Armenta v. United States | Seventh Circuit | 2018-11-29 | Denied | Response WaivedIFP | 5th-amendment-6th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence fifth-amendment jury reasonable-doubt sentencing sixth-amendment | 1. Is a defendant deprived of due process where the absence of evidence constitutes probative evidence of proof beyond a reasonable doubt? 2. Are the… |
| 18-6865 | Adony Nina v. United States | Second Circuit | 2018-11-28 | Denied | Response WaivedIFP | aiding-and-abetting burden-of-proof criminal-law criminal-statute due-process jurisdiction jurisdictional-element prosecutorial-burden reasonable-doubt statutory-interpretation united-states | Whether Title 18 U.S.C. § 2 (Aiding and Abetting) Requires the Prosecution to prove Beyond A Reasonable Doubt The Jurisdictional Element By Establishi… |
| 18-6867 | Alberto Jorge Silva-Ibarra v. United States | Fifth Circuit | 2018-11-28 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 18-683 | Bradley Christopher Stark v. United States | Eleventh Circuit | 2018-11-26 | Denied | Response WaivedRelisted (2) | 5th-amendment burden-of-proof civil-procedure due-process federal-rules-of-civil-procedure fifth-amendment motion-to-dismiss notice-pleading sovereign-immunity | 1. Whether, on a motion to dismiss raising a defense of sovereign immunity, a plaintiff possesses a burden to do more than allege an unequivocal waive… |
| 18-6770 | David Nino-Flores v. United States | Fifth Circuit | 2018-11-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-641 | J. M., By and Through his Mother, Maria Mandeville v. Kathryn Matayoshi, Superintendent, Hawaii Public Schools, et al. | Ninth Circuit | 2018-11-16 | Denied | Response Waived | autism bullying burden-of-proof due-process endrew-f fape free-appropriate-public-education idea individualized-education-program special-education special-education-law | In Endrew F. v. Douglas County School Dist. RE-1, 580 U.S. _—, 137 S.Ct. 988, 1000 (2017), this Court established that an Individualized Education Pro… |
| 18-6726 | Billy Brantley v. Indiana | Indiana | 2018-11-16 | Denied | Response WaivedIFP | 14th-amendment burden-of-proof charged-offense constitutional-law criminal-procedure due-process evidence fourteenth-amendment jury jury-instructions reasonable-doubt | Where the State must present "some" evidence of a particular fact before a jury may find a defendant guilty of a charged offense, does the Due Process… |
| 18-625 | City of Miami, Florida v. Taiwan Smart | Eleventh Circuit | 2018-11-14 | Dismissed | burden-of-proof civil-procedure civil-rights constitutional-violations custom-or-practice due-process municipal-liability non-state-actors section-1983 witness-testimony | I.Whether the isolated alleged incidents of constitutional violations in Plaintiff's § 1983 claims, which are founded on the actions of non-state acto… | |
| 18-6697 | Kevin Marquette Bellinger v. United States | Fourth Circuit | 2018-11-14 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process evidence federal-jurisdiction jury jury-instructions malice-aforethought mens-rea murder murder-conviction statutory-interpretation sufficiency-of-evidence | Whether there was sufficient evidence presented to the jury in Bellinger's case to convict Bellinger of murder as alleged in Counts One and Two, where… |
| 18-617 | Spirit Airlines, Inc. v. Steven Maizes, et al. | Eleventh Circuit | 2018-11-13 | Denied | Amici (2)Response RequestedResponse WaivedRelisted (2) | arbitrability arbitration-agreement bilateral-arbitration burden-of-proof class-arbitration delegation delegation-doctrine standard-arbitration-rules standard-of-review | 1. Must a party overcome a higher burden to show that an arbitration agreement delegates to the arbitrator the power to decide the availability of cla… |
| 18-611 | John J. Tatar v. United States | Sixth Circuit | 2018-11-09 | Denied | Response WaivedRelisted (2) | administrative-claim burden-of-proof civil-procedure due-process equal-protection frivolous-claims rule-of-law tax-evasion tax-refund | Did Petitioner—Tatar when he filed his Form(s) 843, Claim(s) for Refund concerning the tax years 1996 through and inclusive to 2010, with the Responde… |
| 18-6597 | Jazsmine Arielle Joseph v. United States | Fifth Circuit | 2018-11-08 | Denied | Response WaivedIFP | burden-of-proof child-trafficking confrontation-clause confrontation-rights conspiracy conspiracy-charge domestic-violence expert-testimony sex-trafficking | DID THE LOWER COURT ERR IN ITS DECISION, AS IT RELATES TO WHAT IS REQUIRED TO PROVE A CONSPIRACY CHARGE IN THE SEX TRAFFICKING OF A CHILD COUNT AND §2… |
| 18-6618 | Jessie Jesus Marquez v. United States | Tenth Circuit | 2018-11-08 | Denied | Response WaivedIFP | burden-of-proof circuit-split constitutional-burden constitutional-law criminal-procedure drug-case evidence-sufficiency expert-testimony federal-rules-of-evidence government-proof recorded-phone-call | Are statements made during a recorded phone call, standing alone, sufficient to sustain the Government's constitutional burden of proof in a drug case… |
| 18-6579 | In Re Patricia Ann McQuarry | 2018-11-07 | Denied | Relisted (2)IFP | appointment-affidavit burden-of-proof civil-procedure civil-rights constitutional-irregularity constitutional-law constitutional-result due-process ex-post-facto habeas-corpus ineffective-assistance-of-counsel ineffective-counsel remedies remedy secret-grand-jury standing subject-matter-jurisdiction unsigned-indictment vague-statutes | Petitioner challenges jurisdiction of the district court, in this instant case. When a person, challenges jurisdiction, the burden of proof shifts to … | |
| 18-6591 | Leslie Chin v. United States | Eleventh Circuit | 2018-11-06 | Denied | Response WaivedIFP | burden-of-proof circuit-split criminal-procedure due-diligence due-process equal-protection federal-courts new-trial newly-discovered-evidence standard-of-review trial-procedure | Whether the Equal Protections Clause is violated when there is a conflict amongst the federal circuit courts of appeal dealing with what a defendant i… |
| 18-567 | Danny Snapp v. Burlington Northern Santa Fe Railway Company | Ninth Circuit | 2018-10-31 | Denied | ada ADA-interactive-process ada-reasonable-accommodation burden-of-proof civil-rights disability-discrimination employer-burden employment interactive-process jury-instruction jury-instructions reasonable-accommodation summary-judgment undue-hardship us-airways-v-barnett | In 2013 on appeal from a summary judgment dismissing claims for violation of the Americans with Disabilities Act (the "ADA"), 42 U.S.C. §12101 et. seq… | |
| 18-6497 | Dexter Watson v. Raymond Byrd, Warden | Fifth Circuit | 2018-10-30 | Denied | Response WaivedIFP | appellate-review burden-of-proof constitutional-law criminal-procedure due-process effective-assistance-of-counsel evidentiary-hearing factual-disputes intent reversible-error | Did the pury reasonably, logically and legally infer from the evid1. ence presented, that petitioner was guilty of violating the statue beyond a reaso… |
| 18-545 | First Advantage Background Services Corp. v. Superior Court of California, San Mateo County, et al. | California | 2018-10-25 | Denied | Amici (2)Response RequestedResponse WaivedRelisted (2) | burden-of-proof class-action due-process fair-credit-reporting-act federal-statute forum-state fourteenth-amendment harm nationwide-class-action non-resident-defendant personal-jurisdiction specific-jurisdiction | Under the Fourteenth Amendment, a state court may not exercise specific personal jurisdiction over a non-resident defendant unless the conduct giving … |
| 18-6370 | Charles Harper v. United States | Eleventh Circuit | 2018-10-18 | Denied | Response WaivedIFP | 28-usc-2255 armed-career-criminal-act burden-of-proof collateral-review due-process elements-clause enumerated-crimes-clause johnson-rule johnson-v-united-states residual-clause retroactivity sentencing-enhancement welch-v-united-states | In Johnson v. United States, this Court held that the residual clause of the Armed Career Criminal Act is unconstitutional. In Welch v. United States,… |
| 18-6385 | Jeffrey Bernard Beeman v. United States | Eleventh Circuit | 2018-10-18 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | armed-career-criminal-act burden-of-proof collateral-review due-process elements-clause enumerated-crimes-clause johnson-rule residual-clause sentencing-challenge statutory-interpretation | In Johnson v. United States, this Court held that the residual clause of the Armed Career Criminal Act is unconstitutional. In Welch v. United States,… |
| 18-6364 | Phap Buth v. Massachusetts | Massachusetts | 2018-10-17 | Denied | Response WaivedIFP | barnes-v-united-states burden-of-proof criminal-procedure due-process fourteenth-amendment in-re-winship | Whether the Due Process Clause of the Fourteenth Amendment allows reliance on an inference that is at best more likely than not, but not beyond a reas… |
| 18-6323 | Ashley Kenneth Hunter v. North Dakota | North Dakota | 2018-10-16 | Denied | Response WaivedIFP | burden-of-proof colorado-v-connelly constitutional-rights distortion due-process interrogation-recording law-enforcement-procedure lower-courts miranda-warnings supreme-court unequal-application | There is currently no nationwide standard regarding recording requirements of Miranda and/or interrogations. The state level jurisdictions are split w… |
| 18-6328 | Carlton Roland Hunter v. United States | Eleventh Circuit | 2018-10-16 | Denied | Response WaivedIFP | 28-usc-2255 armed-career-criminal-act burden-of-proof circuit-split collateral-review johnson-rule johnson-v-united-states post-sentencing-case-law residual-clause retroactivity sentencing-enhancement welch-v-united-states | In Johnson v. United States, this Court held that the residual clause of the Armed Career Criminal Act is unconstitutional. In Welch v. United States,… |
| 18-6337 | Travis W. Williams v. Missouri | Missouri | 2018-10-16 | Denied | Response WaivedIFP | burden-of-proof child-sex-offense criminal-procedure due-process federal-rules-of-evidence fourteenth-amendment mo-const-art-i-18c presumption-of-innocence propensity-evidence | Whether the Fourteenth Amendment's Due Process Clause prohibits evidence that the defendant has an unrelated remote prior child sex offense conviction… |
| 18-6341 | John William Lieba, II v. United States | Ninth Circuit | 2018-10-16 | Denied | Response WaivedIFP | appeal appellate-review burden-of-proof criminal-conviction criminal-procedure due-process evidence jury legal-standard standard-of-review sufficiency-of-evidence | WHETHER, SUFFICIENT EVIDENCE EXISTED TO CONVICT MR. LIEBA? |
| 18-6316 | Willie Gene Wilks, Jr. v. Ohio | Ohio | 2018-10-15 | Denied | IFP | burden-of-proof due-process false-testimony grand-jury indictment jury-instructions plain-error-review prosecutor prosecutorial-misconduct structural-error | 1. Is a defendant denied due process when a prosecutor presents and relies upon false testimony in order to secure an indictment in grand jury proceed… |
| 18-455 | Aaron Joseph Emineth v. Oregon | Oregon | 2018-10-11 | Denied | Response Waived | 14th-amendment burden-of-proof constitutional-rights criminal-procedure due-process fourteenth-amendment photo-radar standard-of-proof state-court-proceedings traffic-enforcement trial-court | 1. Did the state trial court violate Petitioner's constitutional right to Due Process under the Fourteenth Amendment of the United States Constitution… |
| 18-6293 | Alfredo Martinez-Rey v. United States | Fifth Circuit | 2018-10-11 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 18-6253 | Daniel R. Wesling v. Pennsylvania | Pennsylvania | 2018-10-09 | Denied | Response WaivedIFP | burden-of-proof criminal-conviction criminal-procedure due-process indictment indictment-sufficiency pennsylvania-law presumption-of-innocence prosecutorial-standards vagueness victim-testimony | 1). Is not the Commonwealth of Pennsylvania conviction of Petitioner with uncorroborated victim statements coupled with an indictment so vague to dest… |
| 18-6234 | Scott Doyle Barrett v. Arizona | Arizona | 2018-10-05 | Denied | Response WaivedIFP | 14th-amendment burden-of-proof child-molestation constitutional-rights criminal-procedure due-process sexual-motivation | Does Arizona's statutory scheme, which excludes sexual motivation as an element of child molestation, unconstitutionally shift the burden of proof on … |
| 18-416 | JoAnn Hatch v. Megan J. Brennan, Postmaster General, et al. | Ninth Circuit | 2018-10-03 | Denied | Response Waived | ada burden-of-proof civil-rights disability-discrimination non-discriminatory-reason reasonable-accommodation seniority-system summary-judgment | 1. On a motion for summary judgment, whether the trial court may disregard or ignore a party's sworn testimony concerning a material historical fact b… |
| 18-6151 | Claude Thelemaque v. United States | Eleventh Circuit | 2018-10-01 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof cocaine-distribution conspiracy criminal-law criminal-law-procedure drug-trafficking due-process evidence evidence-admissibility jurisdiction standard-of-proof witness-testimony | Whether the government failed to prove beyond a reasonable doubt that Thelemaque conspired to distribute cocaine with knowledge that it would be impor… |
| 18-5972 | Assane Faye v. United States | Third Circuit | 2018-09-13 | Denied | Response WaivedIFP | burden-of-proof fifth-amendment indictment jury-instruction jury-instructions non-statutory-element prosecutorial-discretion sufficiency-of-evidence trial-procedure | Does the government heighten its burden of proof at trial by adding a non-statutory element to the indictment, pursuing its case to include that extra… |
| 18-322 | Steven A. Miner v. Illinois Attorney Registration and Disciplinary Commission | Illinois | 2018-09-12 | Denied | attorney-disciplinary-proceedings attorney-discipline burden-of-proof clear-and-convincing-evidence due-process due-process-clause first-amendment misappropriation personal-relationships private-relationships professional-misconduct | 1. In an attorney disciplinary matter in which charges against a lawyer must be proven by clear and convincing evidence, and there is no positive evid… | |
| 18-289 | Alfred DeGennaro v. American Bankers Insurance Company of Florida, et al. | Third Circuit | 2018-09-06 | Denied | Response Waived | burden-of-proof circuit-court-split circuit-split civil-procedure-pleading-standards damages damages-calculation due-process fraud grubbs-v-kanneganti insurance-fraud monetary-value pleading-requirements pleading-standards rule-9b story-v-parchment supreme-court-precedent | Whether the Third Circuit Court of Appeals improperly stated the law when it read the heightened pleading requirements of Fed. R. Civ. P. 9(b) for not… |
| 18-271 | Zachary N. Trost, et ux. v. Sherry Trost | Sixth Circuit | 2018-09-04 | Denied | Relisted (2) | bankruptcy bankruptcy-discharge burden-of-proof discharge intent intent-standard kawaauhau-v-geiger non-dischargeable-debt restatement-of-torts wrongful-act wrongful-conduct | I. For a debt arising out of unlawful conduct to be considered non-dischargeable in bankruptcy pursuant to Kawaauhau v. Geiger, 523 U.S. 57 (1998), wh… |
| 18-258 | Hatem El-Khalidi v. Arabian American Development Company | Texas | 2018-08-29 | Denied | Response Waived | access-to-court access-to-courts americans-with-disabilities-act burden-of-proof burdens-of-proof civil-procedure civil-rights constitutional-protection disability-rights due-process standing title-ii | 1. Must a person conclusively establish the limitations caused by a disability to invoke the protection of the constitutional right of access to court… |
| 18-190 | Queen's University at Kingston v. Samsung Electronics Co., Ltd., et al. | Federal Circuit | 2018-08-13 | Denied | Response Waived | administrative-procedure-act burden-of-proof due-process enablement inter-partes-review patent-invalidity prior-art | Does the Federal Circuit's requirement that patent owners negate enablement of prior art in the first instance invert the statutory burden of proving … |
| 18-180 | Jesus E. Tirrez v. Commission for Lawyer Discipline, et al. | Texas | 2018-08-10 | Denied | Response Waived | burden-of-proof disbarment disbarment-proceedings due-process equal-protection in-re-ruffalo professional-license professional-licenses quasi-criminal quasi-criminal-proceeding | Rules promulgated by the Supreme Court of Texas decree that disbarment proceedings against attorneys are civil and that the burden of proof in those p… |
| 18-5539 | Derek W. Pelto v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2018-08-10 | Denied | Response WaivedIFP | burden-of-proof change-of-law insanity-defense right-to-testify burden-of-proof certificate-of-appealability criminal-procedure ineffective-assistance insanity-defense right-to-counsel right-to-testify sixth-amendment | 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 counsel r… |
| 18-5518 | Norman Mearle Grim v. Florida | Florida | 2018-08-08 | Denied | Relisted (5)IFP | advisory-jury burden-of-proof caldwell-v-mississippi capital-case death-penalty death-penalty-sentencing eighth-amendment harmless-error hurst-v-florida hurst-violation sixth-amendment sullivan-v-louisiana | 1. Can a violation of Hurst v. Florida , 136 S. Ct. 616 (2016), be ruled harmless beyond a reasonable doubt, based solely on a pre-Hurst "advisory " j… |
| 18-5447 | David V. Rock v. Charmaine Bracy, Warden | Sixth Circuit | 2018-08-06 | Denied | IFP | burden-of-proof constitutional-error due-process enhancement evidence habeas-corpus plea-bargaining plea-validity presumption-of-innocence reasonable-doubt sixth-amendment | 1.) O.R.C.2901.45(A)..every person accused of an offense is presumed innocent until proven guilty beyond a reasonable doubt, and the burden of proof i… |
| 18-5438 | Ulriste Tulin v. United States | Fourth Circuit | 2018-08-02 | Denied | Response WaivedIFP | burden-of-proof confrontation-clause criminal-procedure due-process evidence-reliability federal-rules-of-evidence kidnapping new-trial out-of-court-identification suggestive-procedure witness-identification | I. Is an out of court identification of a defendant unduly suggestive and unreliable when the police twice showed the victim the same distorted image … |
| 18-141 | Allana Baroni v. CIT Bank N.A., fka OneWest Bank FSB, fka OneWest Bank NA | Ninth Circuit | 2018-07-31 | Denied | Response Waived | 11-usc-501 bankruptcy bankruptcy-creditor bankruptcy-procedure blank-indorsement burden-of-proof chapter-11 creditor creditor-rights deed-of-trust federal-rules-bankruptcy-procedure federal-rules-of-bankruptcy-procedure promissory-note standing | When a party to a Chapter 11 bankruptcy case contends it can enforce the terms of promissory note and deed of trust, can it prove it is a "creditor" e… |
| 18-5416 | Ramal Hammond v. Ohio | Ohio | 2018-07-31 | Denied | Response WaivedIFP | amnesia burden-of-proof competency criminal-procedure defendant-amnesia due-process dusky-standard dusky-v-united-states mental-capacity right-to-counsel sixth-amendment trial-competency | When the evidence of guilt is far from overwhelming but cannot be rebutted without information that only the defendant would know, but due to amnesia … |
| 18-5398 | Kenneth Floyd Prutting v. United States | Eleventh Circuit | 2018-07-30 | Denied | IFP | 28-usc-2255 2nd-amendment armed-career-criminal armed-career-criminal-act burden-of-proof criminal-procedure due-process johnson-claim johnson-v-united-states residual-clause samuel-johnson section-2255 sentencing sentencing-enhancement | In 1993, Mr. Prutting was convicted of possessing a firearm as a convicted felon and sentenced under the Armed Career Criminal Act ("ACCA") to 264 mon… |
| 18-5375 | Christopher Henriquez v. California | California | 2018-07-27 | Denied | IFP | aggravating-factors burden-of-proof capital-punishment constitutional-rights criminal-sentencing death-penalty due-process equal-protection jury-trial mitigating-circumstances reasonable-doubt | Whether the California death penalty scheme violates the Fifth, Sixth and Fourteenth Amendments by permitting the trier of fact to impose a sentence o… |
| 18-5378 | Alejandro Chavez-Garcia v. United States | Fifth Circuit | 2018-07-27 | Denied | Response WaivedIFP | alleyne-v-united-states apprendi-v-new-jersey burden-of-proof criminal-procedure defendant-rights indictment jury-beyond-reasonable-doubt jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 18-5317 | Jose Villanueva-Cardenas v. United States | Fifth Circuit | 2018-07-23 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-conviction-enhancement sentencing statutory-maximum | Whether all facts – including the fact of a prior conviction – that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-5263 | Bobby Ree McGee, Jr. v. United States | Eleventh Circuit | 2018-07-19 | Denied | IFP | 2255-motion armed-career-criminal-act burden-of-proof certificate-of-appealability elements-clause johnson-claim residual-clause samuel-johnson section-2255 statutory-maximum violent-felony | Mr. McGee was convicted of possessing a firearm as a convicted felon and sentenced under the Armed Career Criminal Act ("ACCA") to 180 months' impriso… |
| 18-5268 | Jeremiah T. Sailor v. United States | Eleventh Circuit | 2018-07-18 | Denied | IFP | 28-usc-2255 acca burden-of-proof collateral-review johnson johnson-v-united-states record residual-clause sentencing | 1.) Whether a court may grant a 28 U.S.C. § 2255 petition collaterally challenging a sentence under Johnson when the sentencing judge never specified … |
| 18-5242 | Kenneth Martin, Jr. v. United States | Fifth Circuit | 2018-07-16 | Denied | Response WaivedIFP | burden-of-proof co-conspirator co-conspirator-testimony corroboration corroboration-requirement criminal-conviction criminal-procedure due-process evidence evidentiary-standard fifth-circuit-law plea-bargain sentencing testimony witness-credibility | Whether the Fifth Circuit's law that allows a conviction based solely on the uncorroborated testimony of a co-conspirator should be abandoned, or at l… |
| 18-5161 | Marvin Waddleton, III v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2018-07-06 | Denied | Relisted (2)IFP | aedpa burden-of-proof constitutional-review criminal-procedure due-process jackson-standard plain-error pro-se right-to-counsel state-court-review statutory-interpretation sufficiency-of-evidence | The plain error of the State of Texas Appeals Courts on direct collateral review. The use of Jackson standard of view in the light most favorable to t… |
| 18-5079 | Michelle Lyn Michaud v. California | California | 2018-07-03 | Denied | IFP | aiding-and-abetting burden-of-proof constitutional-error criminal-liability criminal-procedure due-process factfinding-function fifth-amendment jury-instructions jury-trial jury-trial-guarantees reasonable-doubt sixth-amendment | 1. Did the trial court's incorrect instruction on aiding and abetting liability violate the constitutional jury trial guarantees of the Fifth, Sixth, … |
| 18-5108 | Jaime Davila-Reyes, aka Peluche, aka Pai, aka Jaime, aka Chezina v. United States | First Circuit | 2018-07-03 | Denied | Response WaivedIFP | burden-of-proof criminal-sentencing dismissed-charges due-process judicial-discretion preponderance-of-evidence sentencing sentencing-reasonableness substantive-reasonableness unproven-allegations | Whether Petitioner's sentence was substantively unreasonable because the district court violated due process when it enhanced Petitioner's sentence ba… |
| 18-5011 | Xavier Cardona v. United States | Fifth Circuit | 2018-06-28 | Denied | Response WaivedRelisted (2)IFP | 4th-amendment 5th-amendment appellate-review asset-seizure burden-of-proof civil-forfeiture currency-seizure drug-trafficking drug-transaction due-process evidence-standard judicial-conversion procedural-due-process property-rights sentencing-guidelines | 1. Was it admissable for the court of appeals to affirm the dist rict court's conversion of petitioner's seized cash into cocaine, when there was no e… |