| 25-6873 |
Julius Jarreau Moore v. Arizona |
Arizona |
2026-02-23 |
Pending |
IFP |
capital-punishment exculpatory-evidence fourteenth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment |
1) Whether the State's alleged egregious misconduct in both planting evidence in Petitioner Moore's bed to wrongfully tie him to the homicides, and by… |
| 25-6862 |
Martez Abram v. Mississippi |
Mississippi |
2026-02-20 |
Pending |
IFP |
aggravating-circumstances arson capital-punishment eighth-amendment felony-murder sufficient-evidence |
1. Was the application of Mississippi's felony-murder aggravating factor and circumstance sufficient to meet the mandate of the Eighth Amendment to me… |
| 25-6846 |
Tony Terrell Clark v. Mississippi |
Mississippi |
2026-02-18 |
Pending |
IFP |
batson-challenge capital-punishment due-process ineffective-assistance-of-counsel peremptory-strikes strickland-prejudice |
1. whether a post-conviction petitioner must prove a successful Batson challenge would change the outcome of the trial to show Strickland prejudice.
… |
| 25A821 |
Taylor Rene Parker v. Texas |
Texas |
2026-01-16 |
Application |
|
capital-punishment criminal-culpability death-penalty eighth-amendment intellectual-disability mental-capacity |
Question not identified. |
| 25-6315 |
Jasper Phillip Rushing v. Arizona |
Arizona |
2025-12-08 |
Pending |
IFP |
capital-punishment constitutional-claim due-process fundamental-error preservation-doctrine shackling |
1. Did the Arizona Supreme Court err in concluding that Mr. Rushing failed to preserve below?
2. If the claim was unpreserved, did the unjustified vi… |
| 25-6279 |
Steven Matthew Wolf v. Florida |
Florida |
2025-12-03 |
Denied |
IFP |
capital-punishment death-penalty fourteenth-amendment juror-bias jury-selection sixth-amendment |
Whether Mr. Wolf was deprived of a jury of his peers as guaranteed by the Sixth and Fourteenth Amendments where the trial court removed a juror who pr… |
| 25A576 |
John Bejarano v. William Reubart, Warden |
Ninth Circuit |
2025-11-17 |
Application |
|
capital-punishment federal-review habeas-corpus procedural-default state-procedure successive-petition |
Question not identified. |
| 25-5997 |
Tremane Wood v. Oklahoma |
Oklahoma |
2025-10-30 |
Denied |
Amici (4)IFP |
brady-violation capital-punishment judicial-bias napue-violation prosecutorial-misconduct witness-testimony |
1. Should this Court, after independently reviewing the factual record, grant Mr. Wood a new trial based on the Napue violation at his trial, as it di… |
| 25-5926 |
Anthony Boyd v. Kay Ivey, Governor of Alabama |
Eleventh Circuit |
2025-10-21 |
Denied |
IFP |
capital-punishment constitutional-rights due-process judicial-procedure pro-se-representation separation-of-powers |
1. Whether the Eleventh Circuit erred barring a condemned inmate from filing pro se while represented elsewhere in violation of the federal right of a… |
| 25-5865 |
Aaron Norman Dunn v. California |
California |
2025-10-10 |
Denied |
IFP |
capital-punishment criminal-procedure due-process fourteenth-amendment payne-v-tennessee victim-impact-evidence |
Whether under Payne v. Tennessee, 501 U.S. 808 (1991), a prosecutor can be permitted to play for the jury during the penalty phase of a capital trial … |
| 25-5784 |
Daniel Raul Santiago Vasquez v. Oklahoma |
Oklahoma |
2025-10-02 |
Denied |
IFP |
capital-punishment criminal-procedure due-process eighth-amendment mitigation-testimony videoconference-testimony |
1. Does the Eighth Amendment allow the State to prevent live mitigation testimony in favor of a capital defendant based upon financial reasons alone (… |
| 25-5738 |
Mark H. Wilson v. Florida |
Florida |
2025-09-25 |
Denied |
IFP |
appellate-review brown-v-sanders capital-punishment eighth-amendment fourteenth-amendment harmless-error |
Where the trial court in a capital case allows the State to present and argue an invalid aggravating factor to the jury in support of a death sentence… |
| 25-5605 |
David Joseph Pittman v. Florida |
Florida |
2025-09-11 |
Denied |
IFP |
capital-punishment due-process eighth-amendment equal-protection ex-post-facto retroactive-effect |
1. Does the Florida Supreme Court's decision in Phillips v. State , 299 So.3d 1013 (Fla. 2020) , denying some capital defendants the retroactive effec… |
| 25-5532 |
James Randall Rogers v. Georgia |
Georgia |
2025-09-03 |
Denied |
Relisted (2)IFP |
bitemark-evidence capital-punishment discretionary-appeal eighth-amendment fourteenth-amendment scientific-evidence |
1. Whether the Eighth and Fourteenth Amendments require a remand where the State has conceded that no court ever addressed the impact of Rogers's new … |
| 25A185 |
Kayle B. Bates v. Florida, et al. |
Florida |
2025-08-14 |
Denied |
|
capital-punishment constitutional-protection cruel-and-unusual death-penalty eighth-amendment irreparable-harm |
Question not identified. |
| 25A65 |
Byron Lewis Black v. Tennessee |
Tennessee |
2025-07-16 |
Denied |
|
capital-punishment common-law-tradition competency-to-be-executed eighth-amendment evolving-standards-of-decency intellectual-disability |
Question not identified. |
| 25A28 |
Mica Alexander Martinez v. Christe Quick, Warden |
Tenth Circuit |
2025-07-08 |
Presumed Complete |
|
capital-punishment constitutional-error death-penalty eighth-amendment execution-protocol habeas-corpus |
Question not identified. |
| 24-7483 |
DeAngelo Zieglar v. Pennsylvania |
Pennsylvania |
2025-06-24 |
Denied |
Response WaivedIFP |
caldwell-precedent capital-punishment constitutional-procedure death-penalty jury-selection moratorium-impact |
In light of Caldwell v. Mississippi, 472 U.S. 320 (1985), where a state has instituted an indefinite and formal moratorium on the death penalty, wheth… |
| 24-7473 |
Obel Cruz-Garcia v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-06-20 |
Denied |
IFP |
capital-punishment circuit-precedent external-influence habeas-corpus jury-deliberations religious-text |
1. When a jury foreman in a capital murder trial brings a religious text to the jury room during punishment phase deliberations and reads passages con… |
| 24A1198 |
James Randall Rogers v. Georgia |
Georgia |
2025-06-05 |
Presumed Complete |
|
bitemark-evidence capital-punishment constitutional-due-process death-penalty new-trial recantation |
Question not identified. |
| 24-7351 |
Terry Pitchford v. Burl Cain, Commissioner, Mississippi Department of Corrections, et al. |
Fifth Circuit |
2025-06-03 |
Granted |
Amici (10)Relisted (8)IFP |
batson-challenge capital-punishment equal-protection habeas-corpus peremptory-strikes racial-discrimination |
1. Does clearly established federal law determined by this Court and applied in six other circuits require reversal of a state appellate court's denia… |
| 24-7346 |
Seaga Edward Gillard v. North Carolina |
North Carolina |
2025-06-03 |
Denied |
IFP |
capital-punishment criminal-sentencing death-penalty felony-murder jury-instructions supreme-court-precedent |
Whether the Supreme Court of North Carolina violated this Court's precedent when it held that a jury instruction requiring a finding of culpability un… |
| 24A1150 |
Stephen Corey Bryant v. Joel Anderson, Acting Director, South Carolina Department of Corrections, et al. |
Fourth Circuit |
2025-05-27 |
Presumed Complete |
|
capital-punishment constitutional-rights death-penalty fourth-circuit habeas-corpus ineffective-assistance |
Question not identified. |
| 24-7169 |
Glen Edward Rogers v. Florida |
Florida |
2025-05-09 |
Denied |
IFP |
capital-punishment due-process fourteenth-amendment lethal-injection post-conviction procedural-rules |
Glen Edward Rogers is currently facing execution in Florida while suffering from the effects of Porphyria disease, a blood disorder. The state courts … |
| 24-7151 |
Zane Michael Floyd v. Jeremy Bean, Warden, et al. |
Nevada |
2025-05-06 |
Denied |
IFP |
atkins-ruling capital-punishment cruel-and-unusual-punishment eighth-amendment intellectual-disability medical-consensus |
Whether, given this medical consensus, the original meaning of the Eighth Amendment, and this Court's rulings in Atkins and Roper, a state may constit… |
| 24-6942 |
John Sexton v. Florida |
Florida |
2025-04-08 |
Denied |
IFP |
capital-punishment court-witness harmless-error mitigation-specialist sixth-amendment structural-error |
During John Sexton's capital penalty phase trial, after he presented his mitigation and rested, the trial court called the defense team's mitigation s… |
| 24-6933 |
Mikal Mahdi v. Bryan Stirling, Director, South Carolina Department of Corrections |
South Carolina |
2025-04-08 |
Denied |
IFP |
capital-punishment childhood-trauma death-penalty ineffective-assistance mitigating-evidence sixth-amendment |
Mikal Mahdi faces execution even though the mitigating evidence presented by his defense counsel filled barely 15 transcript pages. The state supreme … |
| 24-6841 |
Micah Brown v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-03-25 |
Dismissed |
IFP |
capital-punishment defendant-rights fifth-amendment jury-instructions penalty-phase prosecutorial-misconduct |
Whether reasonable jurists would disagree that a prosecutor violates a capital defendant's Fifth-Amendment right not to testify at the penalty phase b… |
| 24A892 |
Edward Thomas James v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2025-03-18 |
Denied |
|
capital-punishment certificate-of-appealability circuit-split habeas-corpus stay-of-execution successive-petition |
Question not identified. |
| 24A274 |
Marcellus Williams v. Missouri, ex rel. Michael L. Parson, Governor of Missouri, et al. |
Missouri |
2025-03-18 |
Denied |
|
actual-innocence capital-punishment clemency death-penalty eighth-amendment post-conviction-relief |
Question not identified. |
| 24A785 |
Jeffery Day Rieber v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2025-02-14 |
Denied |
|
capital-punishment habeas-corpus ineffective-assistance-of-counsel mens-rea penalty-phase sixth-amendment |
Question not identified. |
| 24-6420 |
Stephen C. Stanko v. Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. |
Fourth Circuit |
2025-01-29 |
Denied |
IFP |
capital-punishment expert-services habeas-corpus ineffective-assistance-of-counsel traumatic-brain-injury waiver-of-counsel |
1. Does 28 U.S.C. § 2253(c)(1)(A) require a certificate of appealability for review of an order prematurely granting summary judgment against the peti… |
| 24A675 |
Jermaine Alexander Foster v. Florida |
Florida |
2025-01-10 |
Presumed Complete |
|
capital-punishment death-penalty eighth-amendment intellectual-disability postconviction-relief supreme-court-review |
Question not identified. |
| 24A637 |
Davone Unique Anderson v. Pennsylvania |
Pennsylvania |
2024-12-30 |
Presumed Complete |
|
capital-punishment criminal-culpability death-penalty eighth-amendment intellectual-disability supreme-court-review |
Whether a court must take into account a person's mental health crisis in assessing the voluntariness of custodial, non-Mirandized statements. |
| 24-6164 |
Tahina Corcoran, as next friend on behalf of Joseph E. Corcoran v. Ron Neal, Warden |
Seventh Circuit |
2024-12-17 |
Denied |
IFP |
capital-punishment due-process execution-standards incompetency-claim mental-competency state-court-review |
1. May a state court dispose of an evidentiarily-supported incompetency to be executed claim under Ford v. Wainwright, 477 U.S. 399 (1986), and Panett… |
| 24A538 |
Anthony Medina v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-12-03 |
Presumed Complete |
|
capital-punishment constitutional-claims habeas-corpus ineffective-assistance sixth-amendment strickland-standard |
Question not identified. |
| 24-5906 |
John Esposito v. Shawn Emmons, Warden |
Georgia |
2024-11-04 |
Denied |
IFP |
capital-punishment constitutional-review due-process habeas-corpus judicial-fact-finding jury-misconduct |
CAPITAL CASE
After receiving the trial court's instructions not to discuss the case with anyone, one of the jurors who sentenced Mr. Esposito to deat… |
| 24A411 |
Donald Sherman v. William Gittere, Warden, et al. |
Ninth Circuit |
2024-10-28 |
Presumed Complete |
|
capital-punishment eighth-amendment habeas-corpus ineffective-assistance ninth-circuit writ-of-certiorari |
Question not identified. |
| 24-5753 |
Robert Leslie Roberson III v. Texas |
Texas |
2024-10-15 |
Denied |
IFP |
actual-innocence capital-punishment due-process habeas-corpus procedural-bar scientific-evidence |
Whether the TCCA's unexplained application of a procedural bar violates the federal due process clause when a capital state habeas applicant asserts a… |
| 24-5725 |
Jose G. Barajas Gomez v. Daniel W. White, Superintendent, Monroe Correctional Complex |
Ninth Circuit |
2024-10-08 |
Denied |
Response WaivedRelisted (2)IFP |
capital-punishment criminal-procedure ineffective-assistance mitigating-evidence sentencing-phase sixth-amendment |
Question not identified. |
| 24-5612 |
Prosecuting Attorney, 21st Judicial Circuit, ex rel. Marcellus Williams v. Missouri |
Missouri |
2024-09-23 |
Denied |
Amici (1)IFP |
capital-punishment constitutional-error due-process jury-selection prosecutorial-misconduct racial-discrimination |
Whether due process of law requires reversal where a capital conviction is so infected with errors that the prosecutor who prosecuted the case no long… |
| 24-5561 |
Marcellus Williams v. Missouri, ex rel. Michael L. Parson, Governor of Missouri, et al. |
Missouri |
2024-09-18 |
Denied |
IFP |
capital-punishment clemency-proceedings constitutional-rights due-process executive-discretion state-procedure |
The former Governor of Missouri granted Marcellus Williams an eleventh-hour
stay of execution. By executive order, the Governor formed a special Board… |
| 24-5439 |
Richard Beasley v. Ohio |
Ohio |
2024-09-04 |
Denied |
IFP |
appellate-procedure capital-punishment constitutional-rights due-process fifth-amendment sixth-amendment |
1. If criminal defendant is re-sentenced to, inter alia, death in a capital case, should a reviewing court afford all due process rights on direct app… |
| 24A185 |
Derek Don Posey v. Oklahoma |
Oklahoma |
2024-08-19 |
Presumed Complete |
|
capital-punishment eighth-amendment fourteenth-amendment jury-selection sentencing-procedure sixth-amendment |
Question not identified. |
| 24A159 |
LeGregory Davis v. Louisiana |
Louisiana |
2024-08-09 |
Presumed Complete |
|
capital-punishment constitutional-violation death-penalty eighth-amendment lethal-injection procedural-due-process |
Question not identified. |
| 24-5266 |
Darrell Gunn v. New York |
New York |
2024-08-07 |
Denied |
IFP |
capital-punishment constitutional-rights due-process guilty-plea ineffective-assistance mental-illness |
WHETHER CAPITAL DEFENSE TEAM FAILED TO PRESENT MITIGATING EVIDENCE REGARDING THE PETITIONER'S HISTORY OF MENTAL ILLNESS?
WHETHER THE NEW YORK STATE C… |
| 24A132 |
Kyle Trevor Flack v. Kansas |
Kansas |
2024-08-06 |
Presumed Complete |
|
capital-punishment eighth-amendment kansas-supreme-court mitigating-factors murder sentencing |
Question not identified. |
| 24-5221 |
Arthur Lee Burton v. Texas |
Texas |
2024-08-04 |
Denied |
IFP |
atkins-claim atkins-v-virginia capital-punishment death-penalty diagnostic-criteria hall-v-florida intellectual-disability moore-v-texas-i moore-v-texas-ii procedural-review supreme-court-precedent |
1. Whether the Texas Court of Criminal Appeals ("TCCA")—in refusing to
authorize plenary review of Mr. Burton's unrebutted prima facie case that his
i… |
| 24-5163 |
Thomas Leo Springs v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2024-07-29 |
Denied |
Relisted (2)IFP |
aedpa-deference capital-punishment habeas-corpus habeas-corpus-review impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel reasoned-state-court-opinion state-court-review strickland-prejudice strickland-standard |
(1) Whether a federal court applying AEDPA deference to a reasoned state court opinion may ignore the explanation provided by the state court and inst… |
| 24-5083 |
Stephen B. Wlodarz v. Mike Parris, Warden |
Sixth Circuit |
2024-07-16 |
Denied |
Response WaivedIFP |
actual-innocence capital-punishment constitutional-claim due-process factual-innocence habeas-corpus ineffective-assistance-of-counsel pro-se-petition statute-of-limitations trial-by-jury |
Whether prosecutors and Petitioner's pretrial sheriff's department Custodians violation of a Scheduled trial by jury, which in all likelihood may have… |
| 23-7792 |
In Re Ramiro Felix Gonzales |
|
2024-06-24 |
Denied |
IFP |
capital-punishment constitutional-review death-penalty eighth-amendment fourteenth-amendment future-dangerousness post-conviction-review state-law |
(1) Does it violate the Eighth and Fourteenth Amendments to the United States Constitution to execute an individual who does not meet the eligibility … |
| 23-7791 |
Ramiro F. Gonzales v. Texas |
Texas |
2024-06-24 |
Denied |
IFP |
capital-punishment capital-punishment-eligibility death-penalty due-process eighth-amendment fourteenth-amendment future-dangerousness jury-determination post-conviction-review |
When a state conditions a capital defendant's eligibility to be sentenced to death on a jury's determination of "future dangerousness," can the state … |
| 23-7765 |
Leon Davis, Jr. v. Florida, et al. |
Florida |
2024-06-20 |
Denied |
IFP |
capital-punishment cumulative-error death-penalty ineffective-assistance ineffective-assistance-of-counsel jury-selection prosecutorial-discretion strickland-prejudice strickland-standard |
Counsel failed to object to the capital trial court's multiple misleading and inappropriate comments during jury selection about the uniquely gruesome… |
| 23-7736 |
Clarence Mack v. Margaret Bradshaw, Warden |
Sixth Circuit |
2024-06-17 |
Denied |
IFP |
28-usc-2254d2 brady-napue-claims brady-violation capital-punishment capital-trial habeas-corpus informant-testimony informant-witness napue-violation prosecutor-deal prosecutorial-misconduct unreasonable-determination |
Petitioner was tried in Ohio in 1991 for an aggravated murder committed during a carjacking allegedly perpetrated by two men. The State's entire case … |
| 23A1118 |
Darryl Scott Stinski v. Warden, Georgia Diagnostic and Classification Prison |
Eleventh Circuit |
2024-06-17 |
Presumed Complete |
|
aedpa capital-punishment federal-review habeas-corpus ineffective-assistance state-court-deference |
Whether, where a habeas petitioner challenges state court factual findings "based entirely on the state record," a federal court reviews those finding… |
| 23-7590 |
Jamie Mills v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2024-05-29 |
Denied |
IFP |
brady-violation capital-punishment certificate-of-appealability due-process false-testimony habeas-corpus miller-el-standard plea-agreement prosecutorial-misconduct rule-60-motion |
(1) Where two judges on the lower court panel found that "no reasonable jurist could conclude that the district court abused its discretion" in denyin… |
| 23-7577 |
Chuong Duong Tong v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-05-28 |
Denied |
IFP |
capital-case capital-punishment due-process good-cause ineffective-assistance post-conviction-relief postconviction-counsel potentially-meritorious rhines-standard rhines-v-weber voir-dire |
L Did the Court of Appeals err in holding that ineffective assistance of postconviction counsel cannot establish "good cause" under Rhines v. Weber? A… |
| 23A999 |
Thomas E. Creech v. Tim Richardson, Warden |
Ninth Circuit |
2024-05-09 |
Presumed Complete |
|
capital-punishment constitutional-challenge death-penalty eighth-amendment habeas-corpus judge-sentencing |
Question not identified. |
| 23-7391 |
Markeith D. Loyd v. Florida |
Florida |
2024-05-06 |
Denied |
Relisted (2)IFP |
capital-punishment death-penalty eighth-amendment fourteenth-amendment individual-responsibility jury-instructions sentencing-phase |
Where the court in a capital case allows the State to argue that the jury should, or must, try its best to reach a unanimous penalty phase verdict, is… |
| 23-7364 |
Jorge Galindo v. Nebraska |
Nebraska |
2024-05-02 |
Denied |
Relisted (2)IFP |
capital-punishment death-penalty eddings-v-oklahoma ineffective-assistance lockett-v-ohio mitigation sentencing-considerations supreme-court-precedent tennard-v-dretke youth youth-mitigation |
1. May a state categorically exclude youth as a mitigating factor in a capital case?
2. Must a state court follow this Court's jurisprudence of Locke… |
| 23-7322 |
Gabriel Paul Hall v. Texas |
Texas |
2024-04-26 |
Denied |
IFP |
attorney-conduct capital-appointments capital-punishment due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel pecuniary-incentive sixth-amendment state-statute |
When a state has a rule that an attorney must be given an opportunity to explain his conduct before being found to have rendered ineffective assistanc… |
| 23-7274 |
In Re Joseph T. Swift |
|
2024-04-19 |
Denied |
IFP |
appeal capital-punishment civil-rights death-penalty due-process ineffective-assistance-of-counsel |
Question not identified. |
| 23A890 |
Brian J. Dorsey v. David Vandergriff, Warden |
Missouri |
2024-04-07 |
Denied |
|
capital-punishment certiorari-standard death-penalty eighth-amendment penological-goals rehabilitation |
Question not identified. |
| 23-7153 |
Brian J. Dorsey v. David Vandergriff, Warden |
Missouri |
2024-04-07 |
Denied |
IFP |
capital-punishment cruel-and-unusual-punishment death-row deterrence eighth-amendment penological-goals rehabilitation retribution |
When a death-sentenced person has demonstrated that he has been rehabilitated, does the Eighth Amendment prohibit his execution because the penologica… |
| 23-7091 |
Brandon De McCall v. Texas |
Texas |
2024-03-28 |
Denied |
IFP |
8th-amendment capital-punishment culpability due-process eighth-amendment jury-instruction jury-instructions mitigating-evidence moral-blameworthiness |
Where jurors were instructed that they may only consider mitigating evidence to be evidence that "reduces the defendant's moral blameworthiness," and … |
| 23-7085 |
Isaiah Glenndell Tryon v. Christe Quick, Warden |
Tenth Circuit |
2024-03-27 |
Denied |
IFP |
atkins-claim atkins-v-virginia capital-punishment flynn-effect habeas-corpus ineffective-assistance ineffective-assistance-of-counsel intellectual-disability post-conviction-relief procedural-default |
1. Where a state habeas court, in a non-alternative holding, considers the merits of a defaulted counsel claim to decide whether statutorily required … |
| 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… |
| 23-7029 |
Byron James Shepard v. Oklahoma |
Oklahoma |
2024-03-19 |
Denied |
IFP |
aggravating-circumstance aggravating-factors capital-punishment capital-sentencing criminal-procedure death-penalty eighth-amendment fourteenth-amendment jury-discretion |
Does Oklahoma's continuing threat aggravating circumstance violate this Court's capital sentencing jurisprudence and the Eighth and Fourteenth Amendme… |
| 23-1004 |
Moises Sandoval Mendoza v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-03-13 |
Denied |
|
capital-punishment capital-sentencing due-process federal-court fifth-circuit habeas habeas-corpus ineffective-assistance merits-adjudication section-2254 state-court |
1. Whether a federal claim is "adjudicated on the
merits" in state court under 28 U.S.C. § 2254(d) so
long as the state court resolves the claim on
su… |
| 23-6964 |
Harvey Cantrell v. Department of Veterans Affairs |
Seventh Circuit |
2024-03-12 |
Denied |
Response WaivedIFP |
8th-amendment capital-punishment civil-rights competency due-process mental-illness |
Question not identified. |
| 23-6888 |
Darrell Wayne Frederick v. Christe Quick, Warden |
Tenth Circuit |
2024-03-04 |
Denied |
IFP |
aspd brain-damage capital-punishment capital-sentencing ineffective-assistance-counsel ineffective-assistance-of-counsel mitigation-evidence prejudice prejudice-review strickland-standard strickland-v-washington |
The jury that sentenced Mr. Frederick to death did not hear from a single live defense witness during the penalty phase of his capital trial. Despite … |
| 23A796 |
Leslie Galloway, III v. Mississippi |
Mississippi |
2024-02-28 |
Presumed Complete |
|
capital-punishment constitutional-rights ineffective-assistance mitigation-investigation penalty-phase sixth-amendment |
Question not identified. |
| 23-934 |
Areli Escobar v. Texas |
Texas |
2024-02-27 |
Denied |
Amici (4)Relisted (4) |
capital-murder capital-punishment criminal-conviction dna-evidence due-process false-evidence habeas-corpus jury-verdict misleading-evidence prosecutorial-misconduct unreliable-evidence |
1. Whether due process of law requires reversal, where a capital conviction is so infected with errors that the State no longer seeks to defend it.
2… |
| 23-6791 |
Thomas Eugene Creech v. Idaho |
Idaho |
2024-02-21 |
Denied |
IFP |
capital-punishment death-penalty due-process eighth-amendment evolving-standards judicial-sentencing post-conviction state-court |
Whether it comports with due process for a state court to reject as untimely an evolving-standards claim on a theory that would never allow for such a… |
| 23-6703 |
Christopher Collings v. David Vandergriff, Warden |
Eighth Circuit |
2024-02-08 |
Denied |
IFP |
appeals capital-case capital-punishment certificate-of-appealability civil-procedure due-process eighth-circuit exhaustion-doctrine habeas-corpus rhines-stay |
1. Is a COA required to appeal a district court's denial of a motion for stay of the
habeas proceedings made under Rhines v. Weber, 544 U.S. 269 (2005… |
| 23-6469 |
Eric Kimble v. Chance Andes, Acting Warden |
Ninth Circuit |
2024-01-11 |
Denied |
IFP |
capital-habeas capital-punishment habeas-corpus ineffective-assistance mental-health mitigating-evidence ninth-circuit-review prior-conviction rehabilitation strickland-standard strickland-v-washington |
1. This case presents the same questions as Thornell v. Jones, Supreme Court Case No. 22-982 (cert. granted, Dec. 13, 2023): Whether the Ninth Circuit… |
| 23-6415 |
Christian Cruz v. Florida |
Florida |
2024-01-05 |
Denied |
IFP |
capital-case capital-punishment criminal-procedure death-penalty due-process equal-protection first-degree-murder pulley-v-harris relative-culpability sentencing supreme-court-review |
WHETHER THE AFFIRMANCE BY THE SUPREME COURT OF THE STATE OF FLORIDA OF DEFENDANT'S CONVICTION FOR FIRST DEGREE MURDER AND SENTENCE OF DEATH WAS CLEARL… |
| 23A564 |
Donte Johnson v. Nevada |
Nevada |
2023-12-19 |
Presumed Complete |
|
capital-punishment constitutional-error ineffective-assistance jury-instructions procedural-safeguards sixth-amendment |
Question not identified. |
| 23-639 |
Thomas Dale Ferguson v. John Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2023-12-13 |
Denied |
|
adaptive-functioning capital-punishment circuit-split eighth-amendment intellectual-disability iq-test iq-testing moore-v-texas |
This case implicates two persistent conflicts of authority with regard to how courts are to determine whether a person suffers from an intellectual di… |
| 23A472 |
Travis Dwight Green v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-11-27 |
Presumed Complete |
|
capital-punishment habeas-corpus ineffective-counsel mental-illness procedural-default schizophrenia |
Question not identified. |
| 23-6078 |
Timothy Ray Jones, Jr. v. South Carolina |
South Carolina |
2023-11-21 |
Denied |
IFP |
capital-punishment capital-sentencing due-process eighth-amendment insanity-defense jury jury-instructions not-guilty-by-reason-of-insanity voir-dire |
1. Whether the Due Process Clause and the Eighth Amendment require that a jury, as the sentencer in a capital case, be told the truth about the effect… |
| 23A436 |
Guillermo Octavio Arbelaez v. Florida, et al. |
Florida |
2023-11-15 |
Presumed Complete |
|
capital-punishment death-penalty eighth-amendment fourteenth-amendment postconviction-relief sixth-amendment |
Question not identified. |
| 23A440 |
David Santiago Renteria v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2023-11-15 |
Denied |
|
capital-punishment equal-protection fourteenth-amendment judicial-review prosecutorial-discretion removal-statute |
Question not identified. |
| 23-6008 |
Matthew Johnson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-11-14 |
Denied |
IFP |
capital-punishment district-court-discretion docket-control due-process equal-protection federal-courts habeas-corpus statute-of-limitations statutory-limitations |
1. Does 28 U.S.C. § 2244(d), which provides in part that a "1-year period of
limitations shall apply" to applications filed pursuant to 28 U.S.C. § 22… |
| 23-471 |
Casey A. McWhorter v. Alabama |
Alabama |
2023-11-03 |
Denied |
|
8th-amendment age-discrimination capital-punishment due-process eighth-amendment equal-protection jury-selection juvenile-justice |
Petitioner seeks this Court's review of the Alabama Supreme Court's denial of Petitioner's habeas petition, which presents important issues concerning… |
| 23-5890 |
Jerry Smith v. Alabama |
Alabama |
2023-10-26 |
Denied |
IFP |
ake-v-oklahoma capital-punishment capital-trials due-process fourteenth-amendment indigent-defendants indigent-defense jury-selection mitigation-experts racial-discrimination |
Whether Ake v. Oklahoma, 470 U.S. 68 (1985), and the Fourteenth Amendment's due process guarantee of fundamental fairness require courts to provide fu… |
| 23A312 |
Thomas Dale Ferguson v. John Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2023-10-10 |
Presumed Complete |
|
atkins-v-virginia capital-punishment ineffective-assistance-of-counsel intellectual-disability jury-recommendation strickland-v-washington |
Whether a jury's eleven-to-one recommendation of a life sentence weighs heavily in favor of a finding of prejudice under Strickland v. Washington, 466… |
| 23-5667 |
Michael Duane Zack v. Ron Desantis, Governor of Florida, et al. |
Eleventh Circuit |
2023-09-28 |
Denied |
IFP |
capital-defendant capital-punishment clemency clemency-proceedings due-process executive-discretion meaningful-access notice notice-requirements procedural-fairness unenforceable-rules |
1. Whether the right to minimal Due Process required in clemency proceedings is satisfied when the governing rules are unenforceable, subject to chang… |
| 23-5653 |
Michael Duane Zack, III v. Florida |
Florida |
2023-09-26 |
Denied |
IFP |
atkins-exemption atkins-v-virginia capital-punishment eighth-amendment fetal-alcohol-syndrome fourteenth-amendment intellectual-developmental-disorder medical-consensus witherspoon-v-illinois |
1. In light of the medical community's recent consensus that Fetal Alcohol
Syndrome is not only functionally similar to Intellectual Developmental Dis… |
| 23-5617 |
Anthony Castillo Sanchez v. Christe Quick, Warden |
Tenth Circuit |
2023-09-20 |
Denied |
IFP |
abandoned-clients attorney-abandonment capital-punishment civil-procedure court-procedure dilatory-removal district-court habeas-corpus judicial-discretion procedural-delay stay-of-execution |
The question presented is whether a District Court can deny a stay of execution when it has been dilatory in removing attorneys who abandoned their cl… |
| 23-5620 |
Margaret A. Allen v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-09-20 |
Denied |
IFP |
capital-punishment certificate-of-appealability constitutional-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel mitigation sixth-amendment strickland-v-washington |
1. Whether the Eleventh Circuit flouted this Court's relevant decisions and precedent by declining to even grant a certificate of appealability regard… |
| 23-5553 |
Randy Haight v. Scott Jordan, Warden |
Sixth Circuit |
2023-09-12 |
Denied |
IFP |
capital-case capital-punishment due-process evidentiary-hearing expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health mental-retardation statutory-interpretation |
1. Where a state trial court resolves disputed issues of material fact without an evidentiary hearing and ignores relevant expert opinion, is the stat… |
| 23A233 |
Jerry Smith v. Alabama |
Alabama |
2023-09-12 |
Presumed Complete |
|
appellate-review capital-punishment constitutional-review death-penalty habeas-corpus penalty-phase |
Question not identified. |
| 23-5421 |
Brent Ray Brewer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-08-23 |
Denied |
IFP |
capital-punishment certificate-of-appealability constitutional-claim future-dangerousness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel state-court-review strickland-v-washington |
I. Where a state court and federal court deny a habeas claim on contradictory grounds, do their conflicting rulings suggest that "reasonable jurists w… |
| 23-167 |
John Q. Hamm, Commissioner, Alabama Department of Corrections v. Joseph Clifton Smith |
Eleventh Circuit |
2023-08-21 |
GVR |
Amici (1)Relisted (30) |
atkins-standard atkins-v-virginia capital-punishment eighth-amendment hall-v-florida intellectual-disability iq-test iq-testing standard-error-of-measurement |
According to Atkins v. Virginia, 536 U.S. 304 (2003), the Eighth Amendment exempts intellectually disabled offenders from capital punishment. The Cour… |
| 23A129 |
Cuhuatemoc Peraita v. Alabama |
Alabama |
2023-08-16 |
Presumed Complete |
|
capital-punishment extraneous-prejudicial-information jury-impartiality mitigation-evidence sixth-amendment waiver-of-rights |
Question not identified. |
| 23-5277 |
Sergio Ochoa v. Oak Smith, Acting Warden |
Ninth Circuit |
2023-08-03 |
Denied |
IFP |
background-investigation capital-punishment capital-sentencing ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence neuropsychological-deficits post-traumatic-stress post-traumatic-stress-disorder strickland-v-washington williams-v-taylor |
In Ochoa v. Davis, the Ninth Circuit endorsed trial counsel's presentation of a "family sympathy" defense at the penalty phase of Sergio Ochoa's capit… |
| 23-5244 |
Johnny Johnson v. David Vandergriff, Warden |
Eighth Circuit |
2023-07-31 |
Denied |
IFP |
28-usc-2254 capital-punishment competency-to-be-executed death-penalty delusional-beliefs habeas-corpus mental-competency mental-illness panetti-standard state-court-review |
When a panel has determined that 28 U.S.C. 2253(c)(2) has been satisfied and an appeal and concordant stay are necessary, does an en banc court have a… |
| 23-5243 |
Johnny Johnson v. David Vandergriff, Warden |
Missouri |
2023-07-31 |
Denied |
IFP |
capital-punishment due-process eighth-amendment evidentiary-hearing ford-v-wainwright habeas-corpus mental-competency panetti-v-quarterman procedural-fairness |
1. Whether a report from a qualified neuropsychiatrist that a condemned prisoner is incompetent for execution that is not contradicted by any qualifie… |
| 23A38 |
Joseph Gamboa v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-07-17 |
Presumed Complete |
|
AEDPA-statute-of-limitations attorney-abandonment capital-punishment habeas-corpus ineffective-assistance-of-counsel rule-60b-motion |
Whether a Rule 60(b) motion alleging abandonment by counsel can, at least in some instances, attack a defect in the integrity of the habeas proceeding… |
| 22-7466 |
Richard Eugene Glossip v. Oklahoma |
Oklahoma |
2023-05-04 |
Judgment Issued |
Amici (18)IFP |
brady-v-maryland brady-violation capital-punishment due-process evidence-suppression false-testimony kyles-v-whitley materiality napue-v-illinois prosecutorial-misconduct witness-testimony |
1. a. Whether the State's suppression of the key prosecution witness's admission he was under the care of a psychiatrist and failure to correct that w… |
| 22-982 |
Ryan Thornell, Director, Arizona Department of Corrections v. Danny Lee Jones |
Ninth Circuit |
2023-04-10 |
Judgment Issued |
Amici (4)Relisted (9) |
capital-case capital-punishment credibility-findings district-court district-court-deference habeas habeas-corpus ineffective-assistance ninth-circuit ninth-circuit-review strickland strickland-standard |
Did the Ninth Circuit violate this Court's precedents by employing a flawed methodology for assessing Strickland prejudice when it disregarded the dis… |
| 22-7233 |
Justin Heath Thomas v. California |
California |
2023-04-06 |
Denied |
IFP |
apprendi-v-new-jersey capital-punishment constitutional-requirement criminal-sentencing death-penalty due-process jury-finding jury-trial reasonable-doubt ring-v-arizona statutory-maximum |
WHETHER CALIFORNIA'S DEATH PENALTY SCHEME VIOLATES THE CONSTITUTIONAL REQUIREMENT THAT ANY FACT, OTHER THAN A PRIOR CONVICTION, THAT SERVES TO INCREAS… |
| 22-7136 |
Terry Froman v. Ohio |
Ohio |
2023-03-29 |
Denied |
IFP |
6th-amendment capital-punishment due-process impartial-jury ineffective-assistance-of-counsel juror-selection jury-impartiality racial-bias right-to-counsel trial-procedure |
Six members of Terry Froman's capital jury provided answers on their questionnaires that demonstrated that they harbored racial bias. None were meanin… |
| 22-7135 |
Victoria Michelle Drain v. Ohio |
Ohio |
2023-03-29 |
Denied |
IFP |
8th-amendment capital-punishment capital-sentencing defense-counsel eddings-v-oklahoma eighth-amendment mitigating-evidence ohio-supreme-court sentencing-review strategic-choice |
Counsel and capital defendant s frequently clash over whether and what mitigating evidence to present in support of a sentence less than deat h. In Oh… |
| 22-7134 |
Christopher L. Whitaker v. Ohio |
Ohio |
2023-03-28 |
Denied |
IFP |
14th-amendment 5th-amendment 6th-amendment 8th-amendment capital-defendant capital-punishment eighth-amendment fifth-amendment fourteenth-amendment mitigation-evidence self-incrimination sixth-amendment |
By compelling the Petitioner to undergo a pretrial psychological evaluation to rebut a mitigation claim it knew he was not making, and prohibiting him… |
| 22-6964 |
Arthur Brown, Jr. v. Texas |
Texas |
2023-03-08 |
Denied |
IFP |
atkins-claim atkins-v-virginia capital-punishment eighth-amendment intellectual-disability moore-precedent moore-v-texas procedural-bar texas-criminal-code-article-11.071-section-5(a)(1) |
1. Is Mr. Brown entitled to a merits review of his Atkins claim under federal law, Moore I and Moore II, and was the procedural bar asserted by the Te… |
| 22-6951 |
Zachariah Marcyniuk v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2023-03-07 |
Denied |
IFP |
capital-punishment due-process habeas-corpus ineffective-assistance-of-counsel judicial-fairness judicial-misconduct peremptory-strikes procedural-default state-officials supervisory-powers |
In this capital habeas case, the Eighth Circuit decided important questions
of federal law in a way that conflicts with relevant decisions of this Cou… |
| 22-6895 |
Heather Leavell-Keaton v. Alabama |
Alabama |
2023-03-01 |
Denied |
Amici (1)Relisted (4)IFP |
capital-punishment capital-sentencing constitutional-rights death-penalty due-process evidence prison-behavior sentencing skipper-precedent skipper-v-south-carolina |
When a capital defendant's death sentence is vacated and the case is remanded for a new sentencing at which the death penalty is an available sentence… |
| 22-6882 |
David Byron Russ v. Florida |
Florida |
2023-02-28 |
Denied |
IFP |
capital-defendant capital-punishment criminal-procedure death-penalty due-process federal-courts habeas-corpus mental-competency review-claim state-court state-courts substantive-incompetency |
1. Whether a state court may refuse to review a capital defendant's claim of substantive incompetency? |
| 22-6739 |
Harry Franklin Phillips v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-02-09 |
Denied |
IFP |
14th-amendment 8th-amendment capital-punishment certificate-of-appealability circuit-split constitutional-law due-process eighth-amendment habeas-corpus intellectual-disability retroactivity |
1. Whether the denial of a Certificate of Appealability (COA) on the denial of a motion that seeks to amend a habeas petition pending on appeal – whic… |
| 22-6570 |
Richard Galvan Montiel v. Kevin Chappell, Warden |
Ninth Circuit |
2023-01-19 |
Denied |
IFP |
atkins-claim atkins-v-virginia capital-punishment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-retardation strickland-standard strickland-v-washington |
Where a capitally sentenced habeas corpus petitioner relies on uncontradicted Strickland mitigating evidence and United States District Court findings… |
| 22-6534 |
Terry Lynn King v. Tony Mays, Warden |
Sixth Circuit |
2023-01-13 |
Denied |
IFP |
capital-punishment capital-trial constitutional-error cruel-and-unusual-punishment cumulative-error due-process federal-courts fourteenth-amendment harmless-error judicial-review |
(1) Whether the Due Process Clause of the Fourteenth Amendment
requires that courts consider the aggregate effect of multiple legal errors, as the Fir… |
| 22-6411 |
Granville Ritchie v. Florida |
Florida |
2022-12-29 |
Denied |
IFP |
anti-immigrant capital-penalty capital-punishment constitutional-rights equal-protection immigration-status impartial-jury jury-bias prosecutorial-misconduct unconstitutional-conditions |
Does the United States Constitution prohibit a prosecutor from suggesting to a capital penalty jury that the defendant, as a foreigner and an immigran… |
| 22-6191 |
John L. Lotter v. Nebraska |
Nebraska |
2022-12-01 |
Denied |
IFP |
atkins-v-virginia capital-punishment collateral-review constitutional-law eighth-amendment hall-v-florida intellectual-disability moore-v-texas retroactivity substantive-rules |
Did Hall and Moore I announce new substantive rules of federal constitutional law that apply retroactively to cases on collateral review? |
| 22-6150 |
Walter Raglin v. Tim Shoop, Warden |
Sixth Circuit |
2022-11-23 |
Denied |
IFP |
capital-murder capital-punishment closing-arguments criminal-procedure ineffective-assistance procedural-bar res-judicata state-procedural-bar trial-counsel voir-dire |
1. Whether a capital defendant is deprived of the effective assistance of trial counsel when his lawyers repeatedly concede guilt of aggravated murder… |
| 22-6096 |
Gary Eye v. United States |
Eighth Circuit |
2022-11-18 |
Denied |
IFP |
8th-amendment capital-punishment civil-rights competency due-process mental-illness |
hon the leg stacki of ad g chargs beome Redocie to al ffds illegal sowtence which was mode illegal bn the 1t step Act passed by corgress in per. 2018)… |
| 22-6054 |
Stephen Barbee v. Bryan Collier, et al. |
Fifth Circuit |
2022-11-15 |
Denied |
IFP |
capital-punishment execution-chamber fifth-circuit first-amendment free-exercise prison-litigation-reform-act prison-policy religious-rights rluipa spiritual-advisor |
1. Whether the Fifth Circuit erred in vacating as an abuse of discretion the injunction requiring TDCJ to publish a clear policy where the district co… |
| 22-5891 |
Kevin B. Burns v. Tony Mays, Warden |
Sixth Circuit |
2022-10-24 |
Denied |
Amici (1)Relisted (7)IFP |
capital-punishment capital-sentencing felony-murder ineffective-assistance moral-culpability residual-doubt sentencing state-law strickland-v-washington |
1. Whether an ineffective assistance claim may be based on counsel's
failure to exercise a state-law right to introduce residual doubt evidence at a c… |
| 22-5513 |
Jerome Jenkins, Jr. v. South Carolina |
South Carolina |
2022-09-06 |
Denied |
IFP |
capital-punishment capital-sentencing due-process hearsay-rules hurst-v-florida judicial-bias jury-sentencing jury-waiver mitigating-evidence plea-bargaining state-statute |
Could a South Carolina trial judge who had told Petitioner he would sentence him to death if he pled guilty still rule, consistent with Hurst v. Flori… |
| 22-5476 |
John R. Wood v. Bryan Stirling, Commissioner, South Carolina Department of Corrections, et al. |
Fourth Circuit |
2022-08-30 |
Denied |
IFP |
capital-punishment fourth-circuit-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis prison-conditions strickland-standard Wilson-v-Sellers |
1. Whether the state court unreasonably applied Strickland v. Washington, 466 U.S. 668 (1984), when it concluded that Petitioner suffered no prejudice… |
| 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… |
| 21-8279 |
Randy William Gay v. Arkansas |
Arkansas |
2022-06-29 |
Denied |
IFP |
capital-defendant capital-punishment effective-assistance-of-counsel fair-jury fourteenth-amendment ineffective-assistance-of-counsel jury-selection sixth-amendment voir-dire |
1. Whether a capital defendant's Sixth and Fourteenth Amendments rights to a fair and impartial jury and to the effective assistance of counsel are vi… |
| 21-8144 |
Tavares J. Wright v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-06-15 |
Denied |
IFP |
atkins-v-virginia capital-punishment due-process eighth-amendment flynn-effect fourteenth-amendment hall-v-florida intellectual-disability iq-testing moore-v-texas |
Whether failing to apply the Flynn effect to a capital defendant's intelligence quotient scores in cases where the scores were formulated from tests t… |
| 21-8046 |
Joseph Martin Danks v. California |
California |
2022-06-03 |
Denied |
IFP |
capital-punishment criminal-culpability cruel-and-unusual-punishment due-process eighth-amendment inmate-rights mental-health state-liability state-responsibility |
1. Does the Eighth Amendment preclude the execution of a seriously mentally ill inmate whose homicidal behavior was the reasonably known, foreseeable,… |
| 21-7809 |
Urshawn Eric Miller v. Tennessee |
Tennessee |
2022-05-09 |
Denied |
IFP |
arbitrary-and-capricious arbitrary-capricious capital-punishment comparative-proportionality-review death-penalty due-process eighth-amendment proportionality-review sentencing-review |
Whether Tennessee's comparative proportionality review, the state's chosen safeguard against arbitrary and capricious imposition of the death penalty,… |
| 21-7794 |
Paul C. Bolin v. Ron Broomfield, Warden |
Ninth Circuit |
2022-05-06 |
Denied |
IFP |
aggravating-factors capital-punishment habeas-corpus ineffective-assistance jury-discretion mitigation mitigation-evidence prejudice-analysis prejudice-standard strickland-standard strickland-v-washington |
This capital case, in which defense counsel's investigation and preparation for the penalty phase was grossly deficient, presents two questions concer… |
| 21-7778 |
Lester Ochoa v. Ron Davis, Warden |
Ninth Circuit |
2022-05-04 |
Denied |
IFP |
capital-punishment cruel-and-unusual-punishment cullen-v-pinholster eighth-amendment family-sympathy jury-instructions mitigation mitigation-evidence |
Whether a State court may, consistent with the Right Against Cruel and Unusual Punishment guaranteed by the Eighth Amendment, prohibit jurors from con… |
| 21-7670 |
In Re Oscar Smith |
|
2022-04-21 |
Denied |
IFP |
actual-innocence aedpa capital-punishment constitutional-rights dna-evidence due-process habeas-corpus suspension-clause |
Question not identified. |
| 21-7478 |
Derrick Jerome Spencer v. United States |
Eighth Circuit |
2022-03-28 |
Denied |
IFP |
1st-amendment capital-punishment civil-rights confrontation-clause constitutional-rights criminal-procedure due-process federal-courts standing takings |
Whether Petitioner is being deprived of his civil right to "equal" due process of law in violation of "the Constitution and laws of the United States.… |
| 21-7449 |
Leonard S. Taylor v. Paul Blair, Warden |
Eighth Circuit |
2022-03-23 |
Denied |
IFP |
capital-punishment capital-trial closing-argument ineffective-assistance ineffective-assistance-of-counsel martinez-standard martinez-v-ryan mccoy-v-louisiana nixon-v-florida sixth-amendment strickland-test strickland-v-washington |
1. Whether the decision to forego a closing argument in the penalty phase of a capital murder trial is a tactical decision for trial counsel to make o… |
| 21-7400 |
Derrick U. Stricklin v. Nebraska |
Nebraska |
2022-03-17 |
Denied |
IFP |
alibi-evidence capital-case capital-punishment criminal-procedure fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-tactics |
I. WHETHER THE FAILURE OF DEFENSE COUNSEL TO FILE A
NOTICE OF ALIBI AND PRESENT AMPLE ALIBI EVIDENCE WHEN
INSTRUCTED TO DO SO BY THE DEFENDANT IN A … |
| 21-7249 |
Jacob Ivan Hill v. United States |
Fourth Circuit |
2022-03-02 |
Denied |
Response WaivedIFP |
capital-punishment civil-rights due-process effective-assistance-of-counsel ineffective-assistance mitigating-evidence prosecutorial-misconduct right-to-counsel self-defense sentencing-phase sixth-amendment |
Question not identified. |
| 21-7224 |
Johnathan I. Alcegaire v. Florida |
Florida |
2022-02-28 |
Denied |
IFP |
capital-case capital-punishment due-process false-evidence false-testimony giglio giglio-claim jury-instructions jury-prejudice prosecutorial-misconduct |
In this Florida capital case, the Florida Supreme Court, while acknowledging that the prosecution's argument to the jury was not true, denied Petition… |
| 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… |
| 21-7082 |
William Speer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-02-09 |
Denied |
IFP |
capital-punishment capital-sentencing double-edged-evidence eighth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence sixth-amendment strickland-standard strickland-v-washington |
In federal habeas proceedings, Petitioner William Speer presented a claim of
ineffective assistance of trial counsel for failure to investigate and pr… |
| 21-1044 |
Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. v. James Nathaniel Bryant, III |
Fourth Circuit |
2022-01-26 |
Denied |
|
capital-punishment capital-sentencing due-process fact-finding federal-review habeas-corpus ineffective-assistance state-court-deference |
In review of a claim fully adjudicated in state court, did the district court violate 28 U.S.C. § 2254's deference mandate and offend the principles o… |
| 21-6954 |
Robert Jurado v. Ronald Davis, Warden |
Ninth Circuit |
2022-01-25 |
Denied |
IFP |
14th-amendment 8th-amendment capital-punishment confession-evidence constitutional-amendments double-jeopardy mitigating-evidence ninth-circuit-review penalty-phase plea-bargaining skipper-standard |
1. Did the Ninth Circuit err in concluding that the California Supreme Court did not unreasonably apply federal law or unreasonably determine facts in… |
| 21-938 |
Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. v. Sammie Louis Stokes |
Fourth Circuit |
2021-12-23 |
GVR |
Relisted (2) |
capital-punishment fourth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigation-evidence prejudice-analysis procedural-default strategic-decision strickland-standard strickland-v-washington |
I. Did the Fourth Circuit violate basic principles of Strickland v. Washington, 466 U.S. 668 (1984) when it failed to reweigh the whole of the evidenc… |
| 21-6654 |
Donald H. Davidson, Jr. v. Florida |
Florida |
2021-12-17 |
Denied |
IFP |
aggravating-factors alleyne-v-united-states apprendi-v-new-jersey capital-punishment capital-sentencing due-process hurst-v-florida mitigating-circumstances reasonable-doubt ring-v-arizona sentencing-determination |
Under the Due Process Clause, the determination of the existence of an element of a crime must be made beyond a reasonable doubt. See Apprendi v. New … |
| 21-6580 |
Kevin Johnson v. Troy Steele, Warden |
Eighth Circuit |
2021-12-13 |
Denied |
IFP |
appellate-review batson-claim Batson-v-Kentucky capital-habeas capital-punishment certificate-of-appealability certificates-of-appealability eighth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel Martinez-v-Ryan |
1. Does the Eighth Circuit's practice of issuing unexplained blanket denials of certificates of appealability in capital habeas cases conflict with 28… |
| 21-847 |
Jonathan Ian Burns v. Arizona |
Arizona |
2021-12-07 |
Judgment Issued |
Relisted (3) |
capital-punishment collateral-review due-process federal-law parole-ineligibility retroactivity supreme-court |
In Simmons v. South Carolina , 512 U.S. 154 (1994), this Court held that in cases where a capital defendant's future dangerousness is at issue, due pr… |
| 21-846 |
John Montenegro Cruz v. Arizona |
Arizona |
2021-12-07 |
Judgment Issued |
Amici (9)Relisted (2) |
capital-punishment collateral-review due-process federal-law parole-ineligibility retroactivity state-court-decisions supreme-court |
In Simmons v. South Carolina, 512 U.S. 154 (1994), this Court held that in cases where a capital defendant's future dangerousness is at issue, due pro… |
| 21-6435 |
James Worley v. Ohio |
Ohio |
2021-11-29 |
Denied |
IFP |
capital-conviction capital-punishment constitutional-rights fair-jury fifth-amendment fourteenth-amendment jury-selection sixth-amendment voir-dire |
Is a capital conviction and sentence in valid and imposed in violation of the capital defendant's constitutional rights to a fair jury under the Fifth… |
| 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… |
| 21-6307 |
Donald James Smith v. Florida |
Florida |
2021-11-17 |
Denied |
IFP |
capital-case capital-punishment criminal-procedure due-process eighth-amendment fair-trial penalty-phase prosecutorial-misconduct sixth-amendment victim-impact |
Was petitioner's right to a fair "penalty phase" trial violated when the prosecutor told the jurors, during closing arguments in the guilt phase, that… |
| 21-6073 |
John Ray Falk, Jr. v. Texas |
Texas |
2021-10-27 |
Denied |
IFP |
accomplice-liability capital-murder capital-punishment criminal-liability due-process guilty-plea law-of-parties notice plea-bargaining pro-se pro-se-defendant |
(1) Given that Due Process requires that a guilty plea be "knowing and intelligent," when a pro se defendant seeks to plead guilty to a death-eligible… |
| 21-6083 |
James Osgood v. Alabama |
Alabama |
2021-10-26 |
Denied |
IFP |
capital-punishment credibility-determinations death-penalty juror-challenge jury-selection sentencing-determination sixth-amendment trial-court witherspoon-v-illinois |
Can a reviewing court, consistent with the Sixth Amendment, uphold a challenge for cause in a capital case on the basis of a potential juror's persona… |
| 21-466 |
Eric DeWayne Cathey v. Texas |
Texas |
2021-09-28 |
Denied |
Amici (1) |
capital-punishment death-penalty eighth-amendment fourteenth-amendment intellectual-disability medical-criteria medical-standards precedent supreme-court-precedent |
Whether, in rejecting the detailed factfindings and legal conclusions of a state habeas trial court, disregarding medically accepted standards, and de… |
| 21-5753 |
James Allyson Lee v. Benjamin Ford, Warden |
Eleventh Circuit |
2021-09-22 |
Denied |
IFP |
capital-punishment capital-sentencing childhood-trauma habeas-corpus ineffective-assistance-of-counsel mitigation-evidence post-conviction-relief ptsd ptsd-evidence strickland-standard strickland-v-washington |
1. Where a capital sentencing jury hears only a brief, conclusory, second-hand allusion to childhood abuse and neglect, can detailed, graphic accounts… |
| 21-444 |
Andre Lee Thomas v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-22 |
Denied |
Amici (1)Relisted (22) |
aedpa-deference capital-punishment fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel juror-bias racial-bias schizophrenia supreme-court-precedent voir-dire |
Under this Court's clearly established precedent, was Petitioner Andre Thomas —an African American man who, during a schizophrenic episode, killed his… |
| 21-5561 |
Tyrone Cade v. Texas |
Texas |
2021-09-01 |
Denied |
IFP |
capital-habeas capital-punishment competent-counsel due-process fourteenth-amendment habeas-corpus ineffective-assistance sixth-amendment state-responsibilities |
Whether the Fourteenth Amendment's Due Process Clause requires a State to provide capital habeas petitioners one opportunity to present Sixth Amendmen… |
| 21-5491 |
Alton Alexander Nolen v. Oklahoma |
Oklahoma |
2021-08-26 |
Denied |
IFP |
capital-punishment constitutional-rights criminal-procedure death-penalty due-process eighth-amendment intellectual-disability mental-retardation |
Whether Oklahoma's procedure for litigating the issue of whether a capital defendant suffers from an intellectual disability that would disqualify him… |
| 21-5378 |
Anthony Kirkland v. Ohio |
Ohio |
2021-08-16 |
Denied |
IFP |
appellate-counsel appellate-procedure capital-punishment constitutional-rights due-process eighth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct |
I. Is a capital sentence invalid, and imposed in violation of the capital defendant's constitutional rights, when during the final closing argument ad… |
| 21-5347 |
Damantae Graham v. Ohio |
Ohio |
2021-08-11 |
Denied |
IFP |
capital-punishment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-selection racial-bias racial-prejudice sixth-amendment voir-dire |
This Court recently cautioned trial courts to be especially vigilant against "particularly noxious strain[s] of racial prejudice," Buck v. Davis, 137 … |
| 21-5232 |
Duane Allen Short v. Ohio |
Ohio |
2021-07-29 |
Denied |
IFP |
caldwell-v-mississippi capital-punishment capital-sentencing constitutional-decency due-process eighth-amendment evolving-standards-of-decency jury-recommendation jury-trial sixth-amendment |
Is Ohio's capital sentencing scheme, which permits telling the jury that their decision is only a mere recommendation, unconstitutional under Hurst v.… |
| 21-5093 |
Stephen Dale Barbee v. Texas |
Texas |
2021-07-15 |
Denied |
IFP |
autonomy-right capital-defendant capital-punishment effective-assistance-of-counsel florida-v-nixon habeas-corpus habeas-review ineffective-assistance mccoy-v-louisiana sixth-amendment trial-counsel |
1) Whether the sate court's decision to foreclose habeas review of a capital defendant's claim under McCoy v. Louisiana contravenes federal law becaus… |
| 21-5094 |
Stanley Jalowiec v. Ohio |
Ohio |
2021-07-13 |
Denied |
IFP |
caldwell-v-mississippi capital-case capital-punishment constitutional-error death-penalty hurst-v-florida jury-responsibility jury-selection sentencing-responsibility trial-procedure |
Is telling the jury that their decision is only a mere recommendation unconstitutional under Hurst v. Florida? |
| 21-5048 |
Wesley Lynn Ruiz v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-07-08 |
Denied |
IFP |
capital-punishment capital-sentencing certificate-of-appealability due-process eighth-amendment expert-testimony expert-witness false-testimony prosecutorial-misconduct |
Under the Due Process clause, and the Eighth Amendment, should the prosecution be held responsible for the presentation of false expert testimony on a… |
| 21-5052 |
Walter Drummond v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2021-07-08 |
Denied |
Response WaivedIFP |
capital-punishment civil-procedure constitutional-rights due-process florida-constitution habeas-corpus post-conviction-relief procedural-due-process standing us-constitution writ-of-corpus |
1. How Can a legitimate Writ of Habeas Corpus be denied outside the guidelines of the Florida Constitution; Article I, Section 13, Habeas Corpus, U.S.… |
| 20-1742 |
Akil Jahi, aka Preston Carter v. Tennessee |
Tennessee |
2021-06-15 |
Denied |
|
capital-punishment capital-trial counsel-limitations criminal-defense defendant-autonomy ineffective-assistance-of-counsel mccoy-v-louisiana penalty-phase sixth-amendment trial-procedure |
1. Does the Sixth Amendment holding of McCoy v. Louisiana, 138 S. Ct. 1500 (2018) apply to a penalty phase capital trial to protect a defendant's auto… |
| 20-8093 |
Martin James Kipp v. Ron Broomfield, Acting Warden |
Ninth Circuit |
2021-05-20 |
Denied |
IFP |
bible-reading biblical-reference capital-punishment capital-trial constitutional-rights external-influence habeas-corpus jury-deliberation jury-deliberations mattox-v-united-states presumed-prejudice remmer-v-united-states |
Whether clearly established federal law requires that a habeas petitioner's claim that his constitutional rights were violated because a juror read pa… |
| 20-8075 |
Damantae Graham v. Ohio |
Ohio |
2021-05-19 |
Denied |
IFP |
appellate-review capital-punishment capital-sentencing constitutional-error constitutional-law criminal-procedure harmless-error trial-procedure victim-impact victim-impact-testimony |
This Court ruled that, before a federal constitutional error can be deemed harmless, the prosecution must establish by proof beyond a reasonable doubt… |
| 20-8043 |
Carl Wayne Buntion v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-05-17 |
Denied |
IFP |
arbitrary capital-punishment cruel-and-unusual-punishment death-penalty deterrence eighth-amendment retribution |
If neither of the two purposes this Court has deemed to be a legitimate purpose for the death penalty —i.e. , retribution and deterrence— would be ser… |
| 20-8038 |
Shawn Grate v. Ohio |
Ohio |
2021-05-14 |
Denied |
Relisted (2)IFP |
capital-punishment criminal-defendant criminal-defense death-penalty due-process effective-assistance-of-counsel ineffective-assistance-of-counsel insanity-defense mental-health mitigation |
1. If a criminal defendant, charged with a death penalty-qualified offense, admit to murdering multiple women, and the only possible defense is a verd… |
| 20-7865 |
Terry Lee Froman v. Ohio |
Ohio |
2021-04-27 |
Denied |
IFP |
capital-punishment constitutional-duty death-penalty fair-trial jury-selection racial-bias structural-error voir-dire |
1) Does trial counsel have an obligation to conduct a meaningful and comprehensive voir dire as it relates to racial bias, explicit or implicit, of ju… |
| 20-7813 |
Richard Allen Benson v. Kevin Chappell, Warden |
Ninth Circuit |
2021-04-21 |
Dismissed |
IFP |
aedpa aedpa-standard capital-case capital-punishment due-process habeas-corpus ineffective-assistance mitigation-evidence prima-facie state-law |
1. When a federal habeas court examines for reasonableness a silent state court habeas denial pursuant to 28 U.S.C. § 2254(d) (AEDPA) and Harrington v… |
| 20-7665 |
Donald David Dillbeck v. Florida |
Florida |
2021-04-06 |
Denied |
IFP |
capital-punishment death-penalty due-process evolving-standards habeas-corpus medical-evidence mental-health post-conviction post-conviction-relief scientific-advancements scientific-evidence |
1) What constitutes diligence in raising newly discovered medical and/or mental health evidence and diagnoses?
2) Are capital defendants confined to … |
| 20-7536 |
Timothy L. Coleman v. Margaret Bradshaw, Warden |
Sixth Circuit |
2021-03-23 |
Denied |
IFP |
brady-violation capital-habeas capital-punishment confessed-murderer due-process eighth-amendment habeas-corpus ineffective-assistance-of-counsel penalty-phase right-to-appeal right-to-due-process |
1. Does a federal appellate court violate a capital habeas petitioner's rights to a meaningful appeal and habeas review of a federal constitutional cl… |
| 20-1306 |
Alan Dale Walker v. Mississippi |
Mississippi |
2021-03-19 |
Denied |
|
capital-case capital-punishment ineffective-assistance ineffective-assistance-of-counsel investigation mitigation-evidence psychological-trauma sixth-amendment tactical-decisions trial-counsel |
1. Did the Mississippi Supreme Court fail to adhere to this Court's Sixth Amendment jurisprudence requiring counsel in a capital case to conduct a tho… |
| 20-7373 |
Christopher Mathew Payne v. Arizona |
Arizona |
2021-03-09 |
Denied |
IFP |
resulting in prejudice capital-punishment death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions parole-ineligibility simmons-precedent |
Whether a death sentence may be carried out when defense counsel unreasonably fails to inform the jury of parole ineligibility under Simmons, 512 U.S.… |
| 20-7341 |
James Coddington v. Jim Farris, Warden |
Tenth Circuit |
2021-03-05 |
Denied |
Amici (1)IFP |
capital-punishment criminal-procedure due-process habeas-corpus harmless-error material-evidence mens-rea right-to-defense right-to-present-defense sixth-amendment |
On direct appeal, the state court found that constitutional error marred the trial, which ended with a death sentence for petitioner. The error—barrin… |
| 20-1171 |
Michael Madison v. Ohio |
Ohio |
2021-02-25 |
Denied |
|
capital-punishment due-process fifth-amendment mental-health mitigation self-incrimination |
Petitioner was sentenced to death after the State presented extensive evidence from his court ordered mental exam by a prosecution-retained psychiatri… |
| 20-7252 |
John Raymond Travis v. California |
California |
2021-02-25 |
Denied |
IFP |
capital-punishment cruel-and-unusual-punishment due-process effective-assistance-of-counsel fifth-amendment jury-instructions mitigating-factors sixth-amendment |
1. May a trial court, consistent with the requirements of the federal Fifth, Sixth, Eighth and/or Fourteenth Amendment guarantees of a fundamentally f… |
| 20-7205 |
Leonardo Franqui v. Florida |
Florida |
2021-02-22 |
Denied |
IFP |
capital-defendant capital-punishment constitutional-interpretation due-process eighth-amendment hall-v-florida intellectual-disability jury-sentencing statutory-construction |
1. Is the Florida Supreme Court's understanding of the proper holistic evaluation to be conducted in order to assess a capital defendant's intellectua… |
| 20-1136 |
Peter Capote v. Alabama |
Alabama |
2021-02-19 |
Denied |
|
6th-amendment aggravating-circumstances capital-punishment death-penalty judicial-fact-finding judicial-weighing jury-trial mitigating-circumstances sentencing-scheme sixth-amendment |
1. Whether the Alabama death penalty sentencing scheme, which leaves it to the judge to find whether the aggravating circumstances outweigh the mitiga… |
| 20-7065 |
Anibal Canales, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-02-05 |
Denied |
Amici (2)Relisted (13)IFP |
capital-habeas capital-punishment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence penalty-phase prejudice sixth-amendment Wiggins-v-Smith |
1. For penalty phase ineffective assistance of counsel violations, has Richter "established a substantial likelihood standard for evaluating prejudice… |
| 20-6947 |
Alphonso Cave v. Florida |
Florida |
2021-01-26 |
Denied |
IFP |
capital-punishment civil-rights collateral-review due-process intellectual-disability montgomery-v-louisiana procedural-law retroactive-application retroactivity supreme-court-precedent |
Must Florida apply Hall v. Florida, 134 S. Ct. 1986 (2014) retroactively and review a claim of intellectual disability on the merits for cases on coll… |
| 20-6922 |
Melvin Bonnell v. Ohio |
Ohio |
2021-01-25 |
Denied |
IFP |
brady-vs-maryland capital-punishment criminal-procedure due-process evidence prosecutorial-misconduct |
When a capital ly sentenced defendant credibly demonstrates
that (1) state actors have cont inually exhibited bad faith
throughout the history of a … |
| 20-6887 |
Harry Franklin Phillips v. Florida |
Florida |
2021-01-14 |
Denied |
Amici (1)IFP |
atkins-v-virginia capital-punishment collateral-review eighth-amendment ex-post-facto intellectual-disability montgomery-v-louisiana retroactivity supremacy-clause |
Whether a state court must give retroactive effect on collateral review to the rule announced in Hall because the Supremacy Clause, as held in Montgom… |
| 20-6498 |
Tony Barksdale v. Jefferson Dunn, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2020-12-02 |
Denied |
IFP |
capital-punishment capital-sentencing certificate-of-appealability due-process effective-assistance-of-counsel eighth-amendment eleventh-circuit habeas-corpus sixth-amendment supreme-court-precedent |
1. Did the Eleventh Circuit misconstrue this Court's guidance in, inter alia, Buck v. Davis, 580 U.S. ___, 137 S. Ct. 759 (2017), when it denied Petit… |
| 20-701 |
James Calvert v. Texas |
Texas |
2020-11-20 |
Denied |
Relisted (6) |
capital-punishment capital-sentencing due-process eighth-amendment mental-competency right-to-counsel structural-error |
1. Whether the Constitution prevents a State from allowing a defendant to represent himself in a capital case when the defendant is mentally competent… |
| 20-6166 |
Brad Keith Sigmon v. Bryan Stirling, Commissioner, South Carolina Department of Corrections, et al. |
Fourth Circuit |
2020-10-29 |
Denied |
IFP |
capital-punishment capital-sentencing cumulative-evidence evidentiary-hearing ineffective-assistance-of-counsel martinez-claim martinez-v-ryan mitigation-evidence sixth-amendment |
1. Capital defendant Brad Sigmon presented additional mitigation evidence uncovered during a Martinez investigation that addressed the same general su… |
| 20-6040 |
Charlie Bell Bullock v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2020-10-15 |
Denied |
IFP |
capital-punishment confrontation-clause criminal-procedure cross-examination ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence professional-norms sentencing-phase sixth-amendment standard-of-review victim-rights |
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| 20-5941 |
Charles Victor Thompson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-10-07 |
Denied |
Relisted (5)IFP |
28-U.S.C-2254(e)(2) aedpa-deference capital-punishment constitutional-claim federal-habeas habeas-corpus Massiah-claims punishment Sixth-Amendment state-court-review Williams-v-Taylor |
I. Did the circuit court err in holding that a federal habeas court may never hold a hearing on a punishment issue without first considering 28 U.S.C.… |
| 20-5788 |
Edward James Wilkins v. Washington |
Washington |
2020-09-24 |
Denied |
IFP |
6th-amendment capital-punishment civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief |
Question not identified. |
| 20-5734 |
Alfred Flores, III v. California |
California |
2020-09-17 |
Denied |
IFP |
capital-punishment constitutional-requirements criminal-procedure criminal-sentencing death-penalty due-process jury-findings jury-trial reasonable-doubt ring-v-arizona sentencing |
Whether California's death penalty scheme violates the constitutional requirement that any fact that increases the penalty for a crime must be found b… |
| 20-5716 |
James Ziegenfuss v. Anthony Mackey, et al. |
Arizona |
2020-09-16 |
Denied |
Response WaivedIFP |
8th-amendment capital-punishment civil-rights competency due-process mental-illness |
1. WHETHER IT IS UNCONSTITUTIONAL FOR THE RESPONDENT JUDGES, PRO-TEM JUDGE ANTHONY MACKEY, AND MS. TAHELLE MEHEURH, ARIZONA, TO ALLOW PETITIONER TO US… |
| 20-301 |
Timothy B. Hennis v. United States |
Armed Forces |
2020-09-09 |
Denied |
Amici (1) |
capital-punishment constitutional-provisions court-martial double-jeopardy due-process military-justice military-law state-court-acquittal state-jurisdiction |
1. Whether the offenses for which Petitioner was tried and acquitted in state court constituted offenses "for which [he] cannot be tried in the courts… |
| 20-240 |
Kentucky v. Larry Lamont White |
Kentucky |
2020-08-28 |
Denied |
Amici (1) |
atkins-v-virginia atkins-waiver capital-defendant capital-punishment constitutional-rights criminal-law due-process habeas-corpus intellectual-disability standing supreme-court-precedent |
Whether a capital defendant can waive a claim of intellectual disability under Atkins v. Virginia, 536 U.S. 304 (2002), and its progeny. |
| 20-5517 |
Scotty Ray Gardner v. Arkansas |
Arkansas |
2020-08-27 |
Denied |
IFP |
access-to-courts aggravating-circumstance aggravating-circumstances appellate-review capital-punishment capital-sentencing death-penalty due-process jury-instructions |
I.
In a state in which the death penalty is authorized only upon
a finding of an enumerated aggravating circumstance, does due process
require that ev… |
| 20-5492 |
Ray Lamar Johnston v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-08-25 |
Denied |
IFP |
appellate-review caldwell-v-mississippi capital-punishment constitutional-claims death-penalty due-process habeas-corpus hurst-v-florida ineffective-assistance jury-instructions procedural-default |
1. Whether the Eleventh Circuit should have remanded or expanded the appeal after new law and evidence developed. The Eleventh Circuit had limited the… |
| 20-5263 |
Patrick W. Schroeder v. Nebraska |
Nebraska |
2020-08-05 |
Denied |
IFP |
capital-punishment capital-sentencing death-penalty eighth-amendment fourteenth-amendment mitigation mitigation-evidence pro-se pro-se-representation proportionality sentencing |
1) Whether the Eighth and Fourteenth Amendments to the United States Constitution are violated when a capital sentencing panel issues a death sentence… |
| 20-5089 |
William Kirkpatrick, Jr. v. Kevin Chappell, Warden |
Ninth Circuit |
2020-07-16 |
Denied |
IFP |
28-usc-2254e1 capital-inmate-rights capital-punishment colloquy due-process federal-review habeas-corpus presumption-of-correctness state-court-proceedings waiver waiver-of-rights whitmore-v-arkansas |
Whether the Ninth Circuit contravened Whitmore v. Arkansas in upholding a capital inmate's waiver of the right to proceed absent a colloquy demonstrat… |
| 20-5065 |
Brett A. Bogle v. Florida |
Florida |
2020-07-15 |
Denied |
IFP |
brady-v-maryland brady-violation capital-punishment due-process false-evidence giglio-v-united-states giglio-violation impeachment microscopic-hair-analysis prosecutorial-misconduct scientific-evidence |
1. Whether the prosecution violates Giglio v. United States, 405 U.S. 150 (1972) and/or Brady v. Maryland, 373 U.S. 83 (1963), if the prosecution pres… |
| 20-26 |
Wesley Ira Purkey v. United States, et al. |
Seventh Circuit |
2020-07-15 |
Denied |
|
capital-punishment collateral-review federal-capital-prisoners federal-prisoners ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan post-conviction procedural-default trevino-v-thaler trial-counsel |
Whether and by what procedural mechanism federal capital prisoners who are in the analogous position of the state prisoners in Martinez and Trevino—i.… |
| 19-8922 |
Amber Renee Craker v. Texas |
Texas |
2020-07-08 |
Denied |
Response WaivedIFP |
administrative-law administrative-proceedings agency-discretion capital-punishment civil-rights criminal-procedure due-process equal-protection ineffective-assistance-of-counsel judicial-review statutory-interpretation |
Was there sufficient evidence to support her capital murder conviction?
Did the Court of Appeals Err in holding Craker's mistaken belief that she kil… |
| 19-8800 |
Justice Jerrell Knight v. Alabama |
Alabama |
2020-06-25 |
Denied |
IFP |
capital-punishment constitutional-rights criminal-procedure due-process equal-protection jury-prejudice prejudicial-evidence racial-bias sentencing |
In a capital case in which the defendant's jury observes him in shackles and jail clothing, and multiple members of the jury expressed the belief that… |
| 19-8778 |
John Michael Allen v. Arizona |
Arizona |
2020-06-22 |
Denied |
IFP |
accomplice capital-punishment criminal-sentencing eighth-amendment felony innocent-life nontriggerman |
Whether the Eighth Amendment prohibits capital punishment for a "nontriggerman" accomplice to a felony that is not likely to result in the loss of inn… |
| 19-8746 |
Scott A. Group v. Ohio |
Ohio |
2020-06-18 |
Denied |
IFP |
capital-defendant capital-punishment dna-evidence due-process habeas-corpus ineffective-assistance-of-counsel new-evidence new-trial trial-court |
1. Does a state court deprive a capital defendant due process of law when it denies the defendant's request to present new evidence to challenge the c… |
| 19-1361 |
Richard Jordan, et al. v. Georgia Department of Corrections |
Eleventh Circuit |
2020-06-11 |
Denied |
|
8th-amendment alternative-method availability capital-punishment death-penalty department-of-corrections departments-of-corrections execution-method feasibility Glossip-v-Gross legal-precedent |
Whether evidence of how other departments of corrections have obtained and successfully administered an alternative execution method is relevant to sh… |
| 19-8660 |
Thomas Michael Riley v. Arizona |
Arizona |
2020-06-10 |
Denied |
IFP |
aggravating-factors capital-punishment capital-sentencing constitutional-review death-penalty furman-v-georgia gregg-v-georgia narrowing-requirement sentencing-scheme |
"To pass constitutional muster, a capital sentencing scheme must genuinely narrow the class of persons eligible for the death penalty and must reasona… |
| 19-8392 |
Juan Balderas v. Texas |
Texas |
2020-05-04 |
Denied |
IFP |
brady-violation capital-punishment constitutional-violations due-process evidentiary-hearing habeas-corpus ineffective-assistance post-conviction state-procedures |
In a death penalty case, where a state provides a post-conviction procedure for challenging the unresolved constitutional violations that occurred at … |
| 19-8341 |
Richard Knight v. Florida Department of Corrections |
Eleventh Circuit |
2020-04-23 |
Denied |
IFP |
capital-punishment criminal-procedure florida-sentencing hurst-v-florida retroactivity ring-precedent ring-v-arizona teague-standard teague-v-lane |
1. Pursuant to the test of Teague v. Lane, is Hurst v. Florida retroactive to Petitioner, whose Florida capital sentence became final after the issuan… |
| 19-8229 |
Donnie L. Harris, Jr. v. Oklahoma |
Oklahoma |
2020-04-09 |
Denied |
IFP |
capital-punishment due-process fifth-amendment fourteenth-amendment newly-discovered-evidence statute-of-limitations statutory-interpretation |
Does Oklahoma's strict application of its statutory requirement that all newly discovered evidence in capital cases must be presented within one year … |
| 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 … |
| 19-8090 |
Joseph Weldon Smith v. Nevada |
Nevada |
2020-03-24 |
Granted |
IFP |
aggravating-factors capital-punishment constitutional-rights death-penalty due-process jury-instructions mitigating-circumstances sixth-amendment |
Did the Nevada Supreme Court violate Mr. Smith's constitutional rights by making the outweighing requirement an afterthought for the jury, used only t… |
| 19-1100 |
Leroy D. Cropper v. Arizona |
Arizona |
2020-03-09 |
Denied |
Amici (2) |
capital-punishment death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions parole-eligibility parole-ineligibility simmons-v-south-carolina sixth-amendment |
Whether a death sentence may be carried out when defense counsel unreasonably fails to inform the jury of parole ineligibility under Simmons v. South … |
| 19-7862 |
Wesley Paul Coonce, Jr. v. United States |
Eighth Circuit |
2020-03-03 |
Denied |
Relisted (4)IFP |
atkins-v-virginia capital-punishment confrontation-clause eighth-amendment equal-protection fifth-amendment intellectual-disability moral-culpability sentencing-hearing |
1. Because the age at which a capital defendant became intellectually disabled does not bear on his moral culpability, did the Court of Appeals err in… |
| 19-7689 |
Nicholas Todd Sutton v. Tennessee |
Tennessee |
2020-02-18 |
Denied |
IFP |
capital-punishment fifth-amendment fourteenth-amendment retroactivity vagueness 5th-amendment capital-punishment due-process fair-notice fifth-amendment fourteenth-amendment johnson-v-united-states retroactivity vagueness vagueness-doctrine |
Did Tennessee decisions applying the facially-vague prior violent felony aggravating circumstance, not handed down until after Sutton committed his ca… |
| 19-7680 |
Samuel Howard v. Nevada |
Nevada |
2020-02-14 |
Denied |
IFP |
appellate-review capital-punishment constitutional-law criminal-procedure death-penalty death-penalty-sentencing due-process hurst-v-florida judicial-precedent retroactivity sentencing sentencing-procedure sixth-amendment |
1. Whether appellate reweighing is constitutional after Hurst v. Florida, 136 S. Ct. 616 (2016).
2. Whether Hurst is retroactive. |
| 19-7647 |
William P. Castillo v. Nevada |
Nevada |
2020-02-12 |
Denied |
Amici (1)IFP |
aggravating-factors appellate-review apprendi apprendi-line capital-punishment capital-sentencing clemons-v-mississippi death-penalty jury-instructions mitigating-circumstances mitigating-evidence mitigation-evidence reweighing |
Nevada courts instruct juries that they may consider imposing a death sentence only after finding at least one statutory aggravating factor beyond a r… |
| 19-7541 |
Richard Hurles v. David Shinn, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2020-02-04 |
Denied |
IFP |
14th-amendment 8th-amendment capital-punishment death-penalty due-process eighth-amendment fourteenth-amendment judicial-bias judicial-ethics recusal right-to-fair-trial |
1. Are the Eighth and Fourteenth Amendments violated where a judge who has personally litigated against a defendant in the same case presides over his… |
| 19-967 |
Craig M. Wood v. Missouri |
Missouri |
2020-02-03 |
Denied |
Relisted (2) |
capital-punishment capital-sentencing constitutional-rights death-penalty due-process eighth-amendment jury-determination jury-trial sentencing sixth-amendment |
Whether the Constitution requires that a jury, rather than a judge, weigh the aggravating and mitigating circumstances to determine whether a defendan… |
| 19-7488 |
Donnie Cleveland Lance v. Benjamin Ford, Warden |
Georgia |
2020-01-29 |
Denied |
IFP |
capital-punishment constitutional-rights criminal-procedure death-penalty due-process equal-protection fourteenth-amendment grand-jury grand-jury-selection habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment |
Was petitioner denied his rights under the Sixth, Eighth, and Fourteenth Amendments when he was sentenced to death following his indictment by a non-r… |
| 19-7481 |
Patrick Henry Murphy v. Texas |
Texas |
2020-01-29 |
Denied |
IFP |
28-usc-2254 capital-murder capital-punishment constitutional-law death-penalty due-process enmund-v-florida federal-habeas jury-determination jury-trial sentencing tison-v-arizona |
Does Ring dictate that a jury determine whether a capital murder defendant is eligible for a sentence of death under Enmund and Tison, and, if so, is … |
| 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… |
| 19-7456 |
Taurus Carroll v. Alabama |
Alabama |
2020-01-28 |
Denied |
IFP |
atkins-standard atkins-v-virginia brumfield-v-cain capital-punishment current-medical-standards eighth-amendment hall-v-florida intellectual-disability medical-standards moore-v-texas supreme-court-review |
Does the Alabama Supreme Court's continued reliance upon evidence that fails to adhere to current medical standards in rejecting Mr. Carroll's claim o… |
| 19-922 |
Donnie Cleveland Lance v. Georgia |
Georgia |
2020-01-23 |
Denied |
|
capital-punishment dna-testing due-process eighth-amendment equal-protection extraordinary-motion fourteenth-amendment innocence-claim new-trial |
1. Was petitioner denied due process and equal protection under the Fourteenth Amendment by the state courts' imposition of extra-statutory requiremen… |
| 19-7309 |
James Milton Dailey v. Florida |
Florida |
2020-01-15 |
Denied |
Amici (5)Relisted (5)IFP |
capital-punishment chambers-exception chambers-v-mississippi codefendant-confession due-process fifth-amendment hearsay hearsay-evidence innocence parole third-party-confession |
Since being convicted of murder and sentenced to death in 1987, Petitioner James Dailey has steadfastly maintained his innocence. No eyewitness, physi… |
| 19-7063 |
Leeton Jahwanza Thomas v. Pennsylvania |
Pennsylvania |
2019-12-26 |
Denied |
IFP |
capital-punishment capital-sentencing death-penalty eighth-amendment fourteenth-amendment jury-trial reasonable-doubt sixth-amendment |
Were Petitioner's rights under the Sixth, Eighth, and Fourteenth Amendments to the United States Constitution violated by a Pennsylvania statutory sch… |
| 19-6976 |
James Clayton Johnson v. Arizona |
Arizona |
2019-12-17 |
Denied |
IFP |
arizona capital-punishment constitutional-challenge cruel-and-unusual-punishment death-penalty due-process evidentiary-hearing factual-findings meaningful-opportunity standing |
Does a court deprive a capital defendant of his due process right to a meaningful opportunity to be heard when the defendant challenges the constituti… |
| 19-6918 |
Michael Wade Nance v. Benjamin Ford, Warden |
Eleventh Circuit |
2019-12-12 |
Denied |
IFP |
capital-punishment capital-sentencing circuit-split constitutional-rights habeas-corpus ineffective-assistance-of-counsel mitigation-strategy record-evidence strickland-v-washington stun-belt trial-counsel |
1. The state habeas testimony of Michael Nance's trial counsel established that they inexplicably omitted highly mitigating evidence from Mr. Nance's … |
| 19-6856 |
James W. Riley v. Delaware |
Delaware |
2019-12-05 |
Denied |
Response WaivedRelisted (2)IFP |
capital-punishment conflict-of-interest constitutional-rights criminal-procedure due-process evidentiary-considerations fair-trial ineffective-assistance-of-counsel judicial-misconduct judicial-review right-to-counsel right-to-fair-trial sentencing sentencing-discretion |
Should this court extend Its Hurst v. Florida ruling to the pre-trial and trial stages of capital murder case where it is shown that the Judge's sente… |
| 19-6860 |
In Re Lee Hall |
|
2019-12-04 |
Denied |
IFP |
biased-juror capital-case capital-punishment due-process extraordinary-circumstances habeas habeas-corpus habeas-review juror-bias original-jurisdiction structural-error |
Whether the structural error of service of by biased juror in a capital case, discovered on the eve of execution, presents extraordinary circumstances… |
| 19-697 |
James Dwight Pavatt v. Tommy Sharp, Interim Warden |
Tenth Circuit |
2019-12-03 |
Denied |
Amici (2) |
aggravating-factor aggravating-factors arbitrary-application capital-punishment capital-punishment-sentencing capital-sentence cruel-and-unusual-punishment death-penalty eighth-amendment fourteenth-amendment habeas-corpus procedural-bar procedural-ruling |
A divided panel of the Tenth Circuit, sitting en banc, vacated a panel opinion that reversed a capital sentence on the ground that the sentence rested… |
| 19-6604 |
Ray Jefferson Cromartie v. Benjamin Ford, Warden |
Eleventh Circuit |
2019-11-13 |
Denied |
IFP |
capital-case-appeal capital-punishment circuit-split diligence evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel malice-murder new-evidence new-evidence-of-innocence |
In this capital case, Ray Jefferson Cromartie was convicted of malice murder and sentenced to death as the man who shot a store clerk, Richard Slysz. … |
| 19-6479 |
In Re Charles Russell Rhines |
|
2019-11-01 |
Denied |
IFP |
capital-punishment death-penalty due-process eighth-amendment habeas-corpus juror-bias sexual-orientation |
Should this Court exercise its original habeas jurisdiction to transfer this petition to the district court for a hearing regarding Petitioner's subst… |
| 19-6156 |
Randy Ethan Halprin v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-10-03 |
Denied |
Relisted (6)IFP |
abuse-of-the-writ aedpa anti-semitism capital-punishment constitutional-claim due-process federal-procedure habeas-corpus judicial-bias racial-discrimination recusal second-or-successive-petition |
Whether Halprin's second federal petition raising a judicial bias claim is "second or successive" under 28 U.S.C. § 2244(b)(2) if the judge concealed … |
| 19-6061 |
Phillip Jones v. Ohio |
Ohio |
2019-09-25 |
Denied |
IFP |
capital-case capital-punishment due-process eighth-amendment ineffective-assistance ineffective-assistance-of-counsel mitigation-investigation sixth-amendment strickland-v-washington |
Whether, pursuant to Strickland v. Washington, 466 U.S. 668 (1984) and its progeny, trial counsel is ineffective in a capital case when counsel conduc… |
| 19-239 |
Larry Benzon, Warden v. Troy Michael Kell |
Tenth Circuit |
2019-08-23 |
Denied |
Amici (1) |
appeal appeals appellate-review capital-case capital-punishment collateral-order-doctrine district-court federalism habeas-corpus rhines-v-weber stay |
Whether a district court's order staying and abeying a capital prisoner's habeas corpus petition under Rhines v. Weber, 544 U.S. 269 (2005), is immedi… |
| 19-5682 |
In Re Gary Ray Bowles |
|
2019-08-22 |
Denied |
IFP |
28-usc-2244 atkins-claim atkins-v-virginia capital-punishment death-penalty habeas-corpus intellectual-disability successive-habeas-petition successive-petition writ-of-certiorari |
Petitioner Gary Ray Bowles is an intellectually disabled man who is scheduled to be executed by the State of Florida on August 22, 2019, at 6:00 p.m. … |
| 19-5672 |
Gary Ray Bowles v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-08-22 |
Denied |
IFP |
28-usc-2244 capital-punishment cruel-and-unusual-punishment death-penalty due-process eighth-amendment habeas-corpus intellectual-disability procedural-obstacles |
Gary Ray Bowles is an intellectually disabled man on Florida's death row. Despite this Court's holding in Atkins v. Virginia, 536 U.S. 304, 321 (2002)… |
| 19-5592 |
Dawud Spaulding v. Ohio |
Ohio |
2019-08-15 |
Denied |
IFP |
capital-defendant capital-punishment defense-counsel due-process evidence ineffective-assistance ineffective-assistance-of-counsel legal-presumption post-conviction post-conviction-proceedings record record-evidence standard-of-review strategic-decision strategic-decision-making |
1. Should courts presume defense counsel acted strategically, even when the evidence in the record demonstrates a lack of strategy in their actions?
… |
| 19-5394 |
Michael Leon Bell v. California |
California |
2019-07-30 |
Denied |
IFP |
aggravating-circumstances capital-punishment constitutional-procedure death-penalty due-process fourteenth-amendment jury-fact-finding jury-trial mitigating-circumstances reasonable-doubt sentencing sentencing-standards sixth-amendment |
Does California's death penalty scheme, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt (1) th… |
| 19-5313 |
Thomas Arthur Kahlow v. Florida |
Florida |
2019-07-24 |
Denied |
Response WaivedRelisted (2)IFP |
14th-amendment capital-punishment constitutional-limits due-process excessive-punishment federal-statutes fourteenth-amendment indefinite-imprisonment life-imprisonment state-constitutional-law state-governments |
WHETHER THE RIGHT TO DUE PROCESS OF LAW GUARANTEED BY THE UNITED STATES CONSTITUTION'S FOURTEENTH AMENDMENT IS DENIED BY FLORIDA'S IMPOSITION OF A CAP… |
| 19-5062 |
Henry Lee Jones v. Tennessee |
Tennessee |
2019-07-03 |
Denied |
IFP |
capital-punishment confrontation-clause due-process eighth-amendment fourteenth-amendment Hearsay sixth-amendment witness-testimony |
In this capital case, the Tennessee courts permitted the State to introduce a transcript of prior testimony of its "primary witness" rather than prese… |
| 18-9838 |
Cedric Floyd v. Alabama |
Alabama |
2019-06-27 |
Denied |
IFP |
capital-case capital-punishment death-penalty eighth-amendment fifth-amendment remorse right-to-remain-silent |
1. In a capital case in which the defendant exercises his right not to testify, are the Fifth and Eighth Amendments violated when the State argues in … |
| 18-9745 |
Marion Wilson, Jr. v. Georgia |
Georgia |
2019-06-20 |
Denied |
IFP |
capital-case capital-punishment dna-testing due-process eighth-amendment equal-protection forensic-evidence procedural-issues procedural-safeguards |
1. Was Petitioner denied due process by the state court's refusal to provide a hearing that was mandated by Georgia's DNA statute, particularly given … |
| 18A1326 |
Lisa Montgomery v. United States |
Eighth Circuit |
2019-06-18 |
Presumed Complete |
|
capital-punishment certificate-of-appealability constitutional-challenge death-penalty federal-habeas section-2255 |
Question not identified. |
| 18-9626 |
In Re Rexford Tweed |
|
2019-06-11 |
Denied |
IFP |
capital-punishment constitutional-violation due-process due-process,eighth-amendment,florida-constitution, eighth-amendment habeas-corpus indefinite-sentence life-sentence minimum-mandatory parole parole-eligibility sentencing-statute |
IS PETITIONER'S FLORIDA CAPITAL LIFE PRISON SENTENCE WITH A 25 YEAR MINIMUM MANDATORY FOLLOWWED BY ELIGIBILITY FOR PAROLE UNDER FLORIDA STATUTE §775.0… |
| 18-9579 |
James D. Tench v. Ohio |
Ohio |
2019-06-07 |
Denied |
IFP |
aggravating-circumstances capital-defendant capital-punishment constitutional-rights death-penalty' 'When a reviewing court independen due-process evidence-admission guilty-verdict hurst-v-florida jury jury-verdict mitigating-factors prejudicial-evidence sixth-amendment |
1. Does the admission of improper and prejudicial evidence violate a capital defendant's right to due process where the record indicates that the jury… |
| 18-9554 |
In Re Billie J. Allen |
|
2019-06-05 |
Denied |
Relisted (2)IFP |
alabama-v-shelton arizona-v-fulminante capital-case capital-punishment due-process gideon-v-wainwright habeas-corpus mccoy-v-louisiana non-capital-case right-to-counsel structural-error |
1. Whether McCoy V Louisiana, 138 S. Ct. 1500 (2018) is a new "watershed rule", akin to Gideon v Wainwright, 372 U.S. 335 (1963), which falls within t… |
| 18-1495 |
Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. v. Charles Christopher Williams |
Fourth Circuit |
2019-05-31 |
Denied |
|
aedpa aedpa-review aedpa-standard capital-case capital-punishment capital-sentencing double-edged-evidence double-edged-sword fetal-alcohol-syndrome future-dangerousness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel strickland-standard strickland-v-washington |
Is a state court objectively unreasonable, for purposes of 28 U.S.C. § 2254(d)(1), when it concludes that a capital defendant was not prejudiced by hi… |
| 18-9468 |
Melvin Bonnell v. Tim Shoop, Warden |
Sixth Circuit |
2019-05-29 |
Denied |
IFP |
28-usc-2244 capital-conviction capital-punishment federal-habeas habeas-corpus jurisdiction jurisdictional-defect magwood-v-patterson nunc-pro-tunc second-or-successive statutory-interpretation |
Whether, when a state court enters a nunc pro tune judgment to attempt to cure a jurisdictional defect in a capital defendant's conviction, the first … |
| 18-9252 |
Kevin Foster v. Florida |
Florida |
2019-05-15 |
Denied |
IFP |
capital-murder capital-punishment death-penalty death-sentence due-process eighth-amendment first-degree-murder jury-findings jury-unanimity reasonable-doubt unanimous-verdict |
1. Whether Mr. Foster's death sentence is unconstitutional because it violates the Eighth Amendment and the Due Process Clause where the jury did not … |
| 18-9274 |
William Lee Thompson v. Florida |
Florida |
2019-05-14 |
Denied |
IFP |
capital-punishment capital-sentencing cruel-and-unusual-punishment due-process eighth-amendment equal-protection retroactivity sentencing-procedure teague-v-lane |
In Hurst v. Florida this Court struck down Florida's longstanding capital sentencing procedures because they authorized a judge, rather than a jury, t… |
| 18-9227 |
Robert Sparks v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-10 |
Denied |
IFP |
capital-punishment cross-examination due-process expert-testimony expert-witness false-testimony harmless-error jury-impartiality prosecutorial-misconduct |
QUESTION ONE:
Does cross-examination of a prosecution's expert cure all harm from that expert's repeated false testimony during a capital punishment p… |
| 18-9214 |
Jessie Livell Phillips v. Alabama |
Alabama |
2019-05-09 |
Denied |
IFP |
autopsy-photograph capital-murder capital-punishment due-process eighth-amendment fair-trial fourteenth-amendment reliable-conviction reliable-sentence |
In a capital case, does the admission of a gruesome and completely unnecessary internal autopsy photograph, lacking any probative value, and showing t… |
| 18-9151 |
Blake Joseph Sandlain v. United States |
Sixth Circuit |
2019-05-06 |
Denied |
Response WaivedIFP |
6th-amendment appellate-counsel capital-punishment criminal-procedure effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel prejudice successive-petition |
Question not identified. |
| 18-9033 |
Michael Brandon Samra v. Alabama |
Alabama |
2019-04-30 |
Denied |
IFP |
brain-development capital-punishment capital-sentencing death-penalty eighth-amendment evolving-standards evolving-standards-of-decency juvenile-offender juvenile-offenders neuroscientific-research |
In Roper v. Simmons, 543 U.S. 551, 578 (2005), this Court held that the Eighth Amendment forbids the imposition of the death penalty on offenders who … |
| 18-8992 |
Charles Lorraine v. Ohio |
Ohio |
2019-04-25 |
Denied |
IFP |
capital-punishment death-penalty death-sentence eighth-amendment judge-sentencing judicial-fact-finding jury-trial jury-verdict sixth-amendment spaziano-v-florida |
Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida? |
| 18-8970 |
John William King v. Texas |
Texas |
2019-04-23 |
Denied |
IFP |
capital-punishment criminal-procedure death-penalty habeas-corpus ineffective-assistance-of-counsel lesser-included-offense mccoy-v-louisiana retroactivity sixth-amendment sixth-amendment-right-to-counsel teague-analysis teague-v-lane watershed-rule |
1. Whether McCoy applies when a defendant's attorneys concede, against his wishes, his guilt to a lesser-included offense during final argument, and i… |
| 18-1306 |
Fred Anderson, Jr. v. Florida |
Florida |
2019-04-16 |
Denied |
Amici (3) |
advisory-jury capital-punishment capital-sentencing death-penalty florida-supreme-court harmless-error hurst-v-florida judge-sentencing jury-trial jury-verdict sixth-amendment structural-error |
1. Whether a judge-imposed death sentence that violates Hurst is a structural error requiring reversal of the sentence.
2. Whether a Hurst violation … |
| 18-8844 |
Farris G. Morris v. Tennessee |
Sixth Circuit |
2019-04-16 |
Denied |
IFP |
recognized by Tyler-v-Cain to determine what opinions are subject to retroac 28-u.s.c.-2244(b)(3)(e) 28-usc-2244 batson-challenge capital-punishment civil-rights collateral-review due-process fourteenth-amendment habeas-corpus jury-discrimination retroactive-application retroactivity supreme-court-authority tyler-v-cain |
1. Does the Constitution permit Congress to enact 28 U.S.C. § 2244(b)(3)(E) to divest this Court of its authority, recognized by Tyler v. Cain, to det… |
| 18-8845 |
Abel Revill Ochoa v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-16 |
Denied |
IFP |
ayestas-v-davis capital-case capital-punishment death-penalty due-process federal-funding funding habeas-corpus ineffective-assistance-of-counsel legal-representation procedural-standard statutory-interpretation |
(1) Whether, in light of Ayestas v. Davis, 138 S. Ct. 1080 (2018), a court applies an overly burdensome standard for funding under 18 U.S.C. § 3599(f)… |
| 18-8683 |
James Aren Duckett v. Florida |
Florida |
2019-04-03 |
Denied |
IFP |
capital-punishment capital-sentencing constitutional-law due-process eighth-amendment equal-protection retroactivity |
Whether the Fourteenth Amendment's guarantee of Equal Protection and the Eighth Amendment's prohibition of capricious capital sentencing impose limits… |
| 18-8670 |
Demetrius Terrence Frazier v. Alabama |
Alabama |
2019-04-02 |
Denied |
IFP |
capital-punishment capital-sentencing constitutional-interpretation cruel-and-unusual-punishment death-penalty death-penalty-sentencing due-process equal-protection judicial-fact-finding jury-fact-finding jury-sentencing jury-trial retroactive-rule retroactivity sixth-amendment |
1. Does Alabama's insistence that a judge, not a jury, can weigh the mitigating and aggravating factors and sentence a person to death directly confli… |
| 18-8615 |
In Re Patrick Henry Murphy |
|
2019-03-28 |
Denied |
IFP |
capital-punishment civil-rights due-process equal-protection establishment-clause execution-protocol first-amendment free-exercise religious-accommodation religious-freedom state-procedure |
When a State permits members of some faiths (e.g., Christians) to be accompanied in the execution chamber during the execution by a clergyperson of th… |
| 18-8583 |
Gilbert Postelle v. Mike Carpenter, Interim Warden |
Tenth Circuit |
2019-03-27 |
Denied |
IFP |
capital-punishment eighth-amendment flynn-effect fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel intellectual-disability mitigating-evidence sixth-amendment |
1. Whether it violates the Sixth, Eighth, and Fourteenth Amendments for a state to defeat a post-conviction claim of ineffective assistance of counsel… |
| 18-8569 |
Melvin Bonnell v. Ohio |
Ohio |
2019-03-26 |
Denied |
IFP |
appellate-review capital-punishment dna-evidence dna-testing due-process hearsay hearsay-evidence prosecutorial-misconduct |
In 1988, before DNA was widely available as a forensic tool, Melvin Bonnell was convicted and sentenced to death. Trial testimony established that blo… |
| 18-8466 |
Gregory Hunt v. Alabama |
Alabama |
2019-03-19 |
Denied |
IFP |
brady-v-maryland brady-vs-maryland capital-case capital-punishment constitutional-rights due-process expert-testimony false-evidence prosecutorial-misconduct strickler-v-greene strickler-vs-greene |
In pursuit of a capital conviction and death sentence in this case, the prosecutor relied on an inflammatory impossibility. At Gregory Hunt's trial in… |
| 18-8432 |
Kelly Foust v. Ohio |
Ohio |
2019-03-15 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
capital-defendant capital-punishment capital-sentencing constitutional-interpretation criminal-procedure death-penalty hurst-precedent hurst-v-florida jury jury-waiver sixth-amendment |
Does Ohio's death penalty scheme in which a jury's death verdict is a mere recommendation and in which a death sentence may not be imposed unless a ju… |
| 18-8409 |
Anthony Mungin v. Florida |
Florida |
2019-03-14 |
Denied |
IFP |
capital-punishment death-penalty disparate-treatment due-process eighth-amendment equal-protection fourteenth-amendment retroactivity |
Whether the Florida Supreme Court's application of only partial retroactivity of Hurst v. State and Hurst v. Florida violates the Eighth and Fourteent… |
| 18-8415 |
John L. Lotter v. Nebraska |
Nebraska |
2019-03-13 |
Denied |
IFP |
capital-punishment capital-sentencing death-penalty due-process eighth-amendment fourteenth-amendment judicial-discretion jury-trial sentencing sixth-amendment |
1. Does Nebraska's capital sentencing scheme requiring a three-judge panel, rather than a jury, to impose a sentence of death violate the Eighth Amend… |
| 18-8386 |
Michael Apelt v. Charles L. Ryan, Director, Arizona Department of Corrections |
Ninth Circuit |
2019-03-12 |
Denied |
Amici (1)IFP |
capital-punishment capital-sentencing evidentiary-hearing fact-finding federal-habeas federal-habeas-corpus habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-illness mental-impairment prejudice strickland-standard strickland-v-washington |
When determining if a capital defendant was prejudiced by counsel's deficient performance during state sentencing, whether the federal court may bypas… |
| 18-8389 |
Marion Wilson, Jr. v. Benjamin Ford, Warden |
Eleventh Circuit |
2019-03-12 |
Denied |
IFP |
28-usc-2254 brain-damage capital-case capital-punishment certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence strickland-standard strickland-v-washington |
1. The Eleventh Circuit did not focus on the state habeas court's actual reasons for rejecting Petitioner's claim that trial counsel's inadequate inve… |
| 18-8399 |
Randall Scott Jones v. Florida |
Florida |
2019-03-12 |
Denied |
IFP |
capital-punishment constitutional-law death-penalty eighth-amendment eighth-amendment-cruel-and-unusual-punishment equal-protection fourteenth-amendment fourteenth-amendment-due-process hurst-v-florida retroactivity ring-v-arizona supremacy-clause supreme-court-precedent |
1. Does the Florida Supreme Court's partial retroactivity formula, designed to limit the class of condemned prisoners obtaining a life-or-death jury d… |
| 18-8340 |
Victor Roblero v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2019-03-08 |
Denied |
IFP |
constitutes a violation of the Sixth Amendment ri specifically the failure to investigate and prese appeal capital-punishment criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel intellectual-disability mental-health sixth-amendment |
Question not identified. |
| 18-8323 |
Bryan Frederick Jennings v. Florida |
Florida |
2019-03-07 |
Denied |
IFP |
capital-punishment capital-sentencing death-penalty death-penalty-review eighth-amendment fourteenth-amendment hurst-v-state jury-recommendation newly-discovered-evidence |
1. Whether the Eighth and Fourteenth Amendments require
the law of Hurst v. State to be factored into the analysis of
the likelihood of a less severe … |
| 18-8300 |
Paul Glen Everett v. Florida |
Florida |
2019-03-06 |
Denied |
IFP |
capital-case capital-punishment constitutional-defect harmless-error harmless-error-review hurst-v-florida jury-unanimity sixth-amendment sixth-amendment-error structural-defect structural-error trial-mechanism |
1. Whether the Sixth Amendment error identified by this Court in Hurst v. Florida is a structural defect that infects the entire constitutionality of … |
| 18-8090 |
Edward J. Zakrzewski, II v. Florida |
Florida |
2019-02-22 |
Denied |
IFP |
capital-punishment criminal-procedure death-penalty eighth-amendment florida-supreme-court fourteenth-amendment hurst-v-state jury-unanimity retroactive-application retroactivity savings-clause substantive-law |
Whether the Florida Supreme Court's decision in Hurst v. State, 202 So. 3d 40 (Fla. 2016), which retroactively changed the elements necessary for impo… |
| 18-8052 |
Michael Duane Zack, III v. Florida |
Florida |
2019-02-21 |
Denied |
IFP |
apprendi-v-new-jersey capital-punishment death-penalty death-sentence eighth-amendment equal-protection fourteenth-amendment hurst-retroactivity retroactivity |
Does the partial retroactivity formula for Hurst u. Florida, 136 S. Ct. 616 (2016), claims designed by the Florida Supreme Court, as applied to a pris… |
| 18-8057 |
Duane Allen Short v. Ohio |
Ohio |
2019-02-21 |
Denied |
IFP |
capital-defense capital-punishment death-penalty death-row effective-assistance-of-counsel ineffective-assistance ineffective-assistance-of-counsel mitigation mitigation-evidence plea-bargaining sixth-amendment |
1. Is a capital defendant's Sixth Amendment right to the effective assistance of counsel violated where, but for counsel's intervention and unfounded … |
| 18-8016 |
James Goff v. Ohio |
Ohio |
2019-02-19 |
Denied |
IFP |
capital-punishment death-penalty hurst-v-florida judicial-fact-finding jury-trial mitigation-evidence resentencing sentencing sixth-amendment |
Is a trial judge's independent weighing of new mitigation evidence and imposition of the death penalty at a resentencing hearing unconstitutional unde… |
| 18-7772 |
Antonio Franklin v. Ohio |
Ohio |
2019-02-05 |
Denied |
IFP |
capital-punishment civil-rights constitutional-rights criminal-procedure due-process effective-counsel execution-date habeas-corpus right-to-counsel |
Is the right to effective representation critical during which time the State moves for an execution date?
Does the constitutional right to effective… |
| 18-7658 |
Julius Darius Jones v. Oklahoma |
Oklahoma |
2019-01-30 |
Denied |
IFP |
capital-punishment constitutional-rights due-process eighth-amendment equal-protection fourteenth-amendment juror-bias post-conviction post-conviction-review racial-prejudice sixth-amendment |
1. Whether newly-discovered evidence establishes that racial prejudice influenced the decision of at least one juror to convict Mr. Jones and sentence… |
| 18-7670 |
Thomas Alexander Porter v. David Zook, Warden |
Fourth Circuit |
2019-01-30 |
Denied |
IFP |
capital-punishment constitutional-claims death-penalty-sentencing due-process eighth-amendment fourteenth-amendment future-dangerousness habeas-corpus mitigating-evidence procedural-due-process |
1. Whether a state rule that excludes as irrelevant evidence that a capital defendant is unlikely to pose a risk of future violence in prison is contr… |
| 18-7643 |
Billy Leon Kearse v. Florida |
Florida |
2019-01-29 |
Denied |
IFP |
apprendi-v-new-jersey capital-punishment death-penalty due-process eighth-amendment equal-protection fourteenth-amendment retroactivity ring-v-arizona supremacy-clause |
Does the Florida Supreme Court's partial retroactivity approach providing for relief pursuant to Hurst v. Florida, 136 S. Ct. 616 (2016) and Hurst v. … |
| 18-937 |
Abelino Manriquez v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation |
California |
2019-01-18 |
Denied |
|
actual-bias capital-case capital-punishment fourteenth-amendment habeas-corpus implied-bias juror-bias jury-impartiality life-experiences sixth-amendment |
What test determines whether a juror's life experiences are so similar to facts in the case that the juror must be disqualified for bias under the Six… |
| 18-7442 |
Kevin Underwood v. Mike Carpenter, Warden |
Tenth Circuit |
2019-01-16 |
Denied |
IFP |
aggravating-circumstances apprendi-v-new-jersey beyond-reasonable-doubt capital-punishment capital-punishment-scheme capital-sentencing death-penalty due-process jury-findings jury-instructions mitigating-circumstances reasonable-doubt supreme-court-precedent tenth-circuit |
Whether the Tenth Circuit's decision – that the "beyond the reasonable doubt" standard does not apply to the critical and prerequisite finding by Okla… |
| 18-7457 |
Charles Edward Case v. California |
California |
2019-01-16 |
Denied |
IFP |
capital-punishment constitutional-amendment criminal-sentencing death-penalty fifth-amendment fourteenth-amendment jury jury-finding reasonable-doubt sixth-amendment |
Does California's death penalty scheme violate the requirement under the Fifth, Sixth and Fourteenth Amendments that every fact other than a prior con… |
| 18-7428 |
Harry Jones v. Florida |
Florida |
2019-01-15 |
Denied |
IFP |
arbitrary-cutoff capital-murder capital-punishment death-penalty death-penalty-retroactivity eighth-amendment fourteenth-amendment hurst-v-florida jury-unanimity retroactivity |
1. Whether the Florida Supreme Court's partial retroactivity rule as to violations pursuant to Hurst v. Florida, which is based on an arbitrary cutoff… |
| 18-7353 |
Nathaniel Jackson v. Ohio |
Ohio |
2019-01-10 |
Denied |
IFP |
capital-punishment death-penalty eighth-amendment judge-sentencing judicial-sentencing jury-recommendation jury-sentencing jury-trial sixth-amendment spaziano-v-florida |
Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida? |
| 18-7226 |
Omar Blanco v. Florida |
Florida |
2019-01-03 |
Denied |
IFP |
14th-amendment 8th-amendment capital-punishment civil-rights death-penalty due-process retroactivity supremacy-clause |
1. Did Hall v. Florida , 134 S. Ct. 1986 (2014), announce a substantive rule of constitutional law?
2. May a state court hold that a substantive rule… |
| 18-7101 |
John Samuel Ghobrial v. California |
California |
2018-12-19 |
Denied |
IFP |
capital-punishment constitutional-rights criminal-procedure criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-finding jury-trial reasonable-doubt sentencing sixth-amendment statutory-maximum |
Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact that serves to increa… |
| 18-7091 |
Steven Anthony Butler v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-12-18 |
Denied |
IFP |
capital-punishment capital-sentencing competence competency-evaluation ineffective-assistance ineffective-assistance-of-counsel investigation judicial-process judicial-review mental-competence mental-health mitigating-evidence procedural-fairness |
1. When, in reviewing the two-part claim that trial counsel was ineffective both for
failing to provide known, relevant information to mental health e… |
| 18-6890 |
In Re Joseph C. Garcia |
|
2018-11-30 |
Denied |
IFP |
actual-innocence capital-punishment cruel-and-unusual-punishment death-penalty death-row eighth-amendment eighth-amendment-cruel-and-unusual-punishment fourteenth-amendment fourteenth-amendment-due-process psychological-stress |
1. Whether Joseph Garcia's extended stay on Texas' death row for nearly 16 years has resulted in his suffering additional severe psychological stress … |
| 18-6891 |
Joseph C. Garcia v. Texas |
Texas |
2018-11-30 |
Denied |
IFP |
8th-amendment capital-punishment civil-rights criminal-intent cruel-and-unusual-punishment culpability death-penalty due-process eighth-amendment intent-to-kill mens-rea non-triggerman state-execution |
Whether the Eighth Amendment now forbids a State from executing a person when there is no evidence that he killed or intended to kill another person. |
| 18-6869 |
Mario Andrette McNeill v. North Carolina |
North Carolina |
2018-11-29 |
Denied |
IFP |
capital-defendant capital-defendant-instructions capital-punishment counsel counsel-decision-making cruel-and-unusual-punishment eighth-amendment mitigating-evidence right-to-counsel sixth-amendment |
Whether the Sixth Amendment right to counsel and the Eighth Amendment prohibition on cruel and unusual punishment allow a state to give binding force … |
| 18-6843 |
James Milton Dailey v. Florida |
Florida |
2018-11-27 |
Denied |
IFP |
capital-punishment death-penalty eighth-amendment equal-protection fourteenth-amendment hurst-error hurst-v-florida retroactivity ring-v-arizona supremacy-clause |
1. Does the Florida Supreme Court's partial retro activity decision, which lim its the class of deathsentenced individuals entitled to a jury de termi… |
| 18-697 |
Tony Von Carruthers v. Tony Mays, Warden |
Sixth Circuit |
2018-11-27 |
Denied |
|
argersinger-v-hamlin capital-case capital-punishment criminal-defendant criminal-procedure due-process faretta-v-california pro-se-representation right-to-counsel sixth-amendment waiver |
Does depriving a criminal defendant of trial counsel against his will, without at least the warnings and voluntary waiver required by Faretta, violate… |
| 18-6818 |
Ruben Rangel v. California |
California |
2018-11-26 |
Denied |
IFP |
capital-punishment capital-sentencing constitutional-amendments death-penalty due-process eighth-amendment jury-determination jury-trial sentencing |
1.
Does California's death penalty statute violate the Fifth, Sixth, Eighth, and Fourteenth
Amendments to the United States Constitution by failing to… |
| 18-679 |
Erick Virgil Hall v. Idaho |
Idaho |
2018-11-23 |
Denied |
Amici (1) |
aggravating-circumstances capital-punishment capital-sentencing constitutional-standards death-penalty felony-murder heinous-atrocious-cruel jury-sentencing narrowing-requirement propensity-to-commit-murder sentencing-guidance utter-disregard |
To prevent arbitrary imposition of the death penalty, this Court has required use of "'clear and objective standards' that provide 'specific and detai… |
| 18-6766 |
David Gulbrandson v. Charles L. Ryan, Director, Arizona Department of Corrections |
Ninth Circuit |
2018-11-21 |
Denied |
IFP |
capital-punishment capital-punishment-sentencing death-penalty eighth-amendment habeas-corpus procedural-default procedural-ruling second-in-time-petition statutory-aggravating-factors statutory-aggravator successive-petitions |
(1) Whether reasonable jurists would debate the correctness of the district
court's procedural ruling that Gulbrandson's second-in-time § 2254 petitio… |
| 18-6776 |
Duane Eugene Owen v. Florida |
Florida |
2018-11-21 |
Denied |
IFP |
capital-punishment capital-sentencing cruel-and-unusual-punishment due-process eighth-amendment equal-protection jury-trial retroactivity state-court |
In Hurst v. Florida this Court struck down Florida's
longstanding capital-sentencing procedures because they authorized
a judge, rather than a jury, t… |
| 18-6727 |
John C. Stojetz v. Tim Shoop, Warden |
Sixth Circuit |
2018-11-19 |
Denied |
IFP |
brady-violation capital-punishment due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel medical-records mitigation prosecutorial-misconduct ptsd racial-bias |
I. Has the Constitutional right to due process of law been violated where a prosecutor withholds prison medical records that substantiate a capital de… |
| 18-6708 |
Clifford D. Williams v. Ohio |
Ohio |
2018-11-15 |
Denied |
IFP |
capital-punishment death-penalty eighth-amendment judge-sentencing jury-trial jury-verdict sentencing-phase sixth-amendment spaziano-v-florida |
Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida? |
| 18-6582 |
Kareem Glass v. Melissa Hainsworth, Superintendent, State Correctional Institution at Somerset |
Third Circuit |
2018-11-06 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-rights capital-punishment constitutional-rights death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel mitigating-circumstances penalty-phase sixth-amendment waiver waiver-of-rights |
WHERE CAPITAL COUNSEL INDUCED PETITIONER INTO A WAIVER OF HIS ENTIRE PENALTY PHASE AND A WAIVER OF HIS APPELLATE RIGHTS IN RETURN FOR A GUARANTEED LIF… |
| 18-6588 |
Lesley Eugene Warren v. Edward Thomas, Warden |
Fourth Circuit |
2018-11-06 |
Denied |
IFP |
capital-punishment character-evidence circuit-split civil-rights death-penalty due-process future-dangerousness parole parole-ineligibility prosecutorial-misconduct sentencing sentencing-procedure simmons-v-south-carolina |
Is it an unreasonable application of Simmons v. South Carolina for a State court to deny a parole ineligibility instruction where the prosecution repe… |
| 18-6532 |
Austin Myers v. Ohio |
Ohio |
2018-11-01 |
Denied |
IFP |
capital-punishment death-penalty death-penalty-statute eighth-amendment judge-sentencing judicial-sentencing jury-trial jury-verdict sixth-amendment spaziano-v-florida |
Did Hurst v. Florida render Ohio's death penalty scheme unconstitutional? |
| 18-6378 |
Robert Ira Peede v. Florida |
Florida |
2018-10-18 |
Denied |
IFP |
arbitrary-cutoff capital-murder capital-punishment death-penalty death-penalty-retroactivity due-process eighth-amendment evolving-standards-of-decency fourteenth-amendment hurst-v-florida jury-unanimity retroactivity |
1. Whether the Florida Supreme Court's partial retroactivity rule as to violations pursuant to Hurst v. Florida, which is based on an arbitrary cutoff… |
| 18-6298 |
Robert Alan Fratta v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-10-11 |
Denied |
Relisted (2)IFP |
capital-punishment civil-rights constitutional-rights constructive-amendment due-process fatal-variance habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jackson-review miscarriage-of-justice pro-se-representation right-to-counsel standing sufficiency-of-evidence |
*** CAPITAL CASE
IS IT UNCONSTITUTIONAL FOR A U.S. COURT OF APPEALS TO ACCEPT, SANCTION OR MAKE
DECISIONS THAT: ALLOW STATE COURTS 110 REFUSE TO. ACCE… |
| 18-443 |
Bobby James Moore v. Texas |
Texas |
2018-10-09 |
Denied |
Amici (3)Relisted (5) |
capital-punishment clinical-criteria clinical-standards criminal-procedure eighth-amendment intellectual-disability lay-stereotypes medical-standards moore-v-texas |
1. Whether the Eighth Amendment and this Court's decision in Moore v. Texas, 137 S. Ct. 1039 (2017) prohibit relying on non-clinical criteria and lay … |
| 18-6252 |
Hersie Wesson v. Ohio |
Ohio |
2018-10-09 |
Denied |
IFP |
capital-defendant capital-punishment constitutional-right death-penalty due-process intellectual-disability opportunity-to-be-heard procedural-due-process state-courts threshold-showing |
Question #1: When a capital defendant can make a substantial threshold showing of intellectual disability, are the state courts constitutionally requi… |
| 18-6207 |
Manuel Ernesto Paiz Guevara v. United States |
Fourth Circuit |
2018-10-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
abuse-of-discretion capital-crime capital-punishment criminal-procedure death-penalty eighth-amendment fourth-circuit-split mandatory-sentencing miller-v-alabama right-to-counsel sentencing sentencing-discretion statutory-interpretation |
1. Whether the Fourth Circuit erroneously held - in conflict with the plain language of 18 U.S.C. § 3005 and in conflict with a 45-year split between … |
| 18-6167 |
Ronald Wayne Clark, Jr. v. Florida |
Florida |
2018-10-02 |
Denied |
IFP |
capital-case capital-case,eighth-amendment,cruel-and-unusual-pu capital-punishment codefendant-culpability codefendants cruel-and-unusual-punishment cruel-unusual-punishment death-penalty death-sentence eighth-amendment proportionality-review reliability-of-death-sentence |
1. Whether an assessment of the relative culpability of codefendants in a capital case in Florida is required pursuant to the Eighth Amendment in orde… |
| 18-6182 |
Randolph Moore v. Nevada, et al. |
Nevada |
2018-10-02 |
Denied |
IFP |
brady-v-maryland capital-murder capital-punishment crucial-evidence due-process fair-trial habeas-corpus outcome-of-trial prosecutorial-misconduct withheld-evidence witness-tampering |
While prosecuting Randolph Moore for capital murder, the prosecutors in this case relied heavily on testimony from Angela Saldana —the only State witn… |
| 18-6110 |
Mikal Mahdi v. South Carolina |
South Carolina |
2018-09-28 |
Denied |
IFP |
appointment-of-counsel capital-punishment constitutional-rights criminal-procedure death-penalty death-sentence habeas-corpus indigent-counsel ineffective-assistance-of-counsel post-conviction-relief procedural-history right-to-counsel sixth-amendment south-carolina-supreme-court state-court |
Question not identified. |
| 18-6075 |
Daniel Clate Acker v. Texas |
Texas |
2018-09-21 |
Denied |
IFP |
adversarial-testing capital-punishment criminal-justice-system-legitimacy criminal-liability death-penalty due-process fairness false-theory-of-liability miscarriage-of-justice post-conviction-review |
This case weaves these threads together and asks whether due process requires a state post-conviction review process in those rare instances where a S… |
| 18-6059 |
Cedric Carter v. Ohio |
Ohio |
2018-09-20 |
Denied |
IFP |
capital-punishment capital-sentencing death-penalty eighth-amendment judge-sentencing jury-trial jury-verdict sentencing-phase sixth-amendment spaziano-v-florida |
Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida ? |
| 18-5892 |
Andre Jackson v. Ohio |
Ohio |
2018-09-06 |
Denied |
IFP |
6th-amendment 8th-amendment capital-punishment death-penalty eighth-amendment judge-sentencing judicial-sentencing jury-recommendation jury-sentencing jury-trial sixth-amendment |
Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida? |
| 18-5793 |
Ray Lamar Johnston v. Florida |
Florida |
2018-08-28 |
Denied |
Relisted (4)IFP |
caldwell-v-mississippi capital-punishment capital-punishment-system death-penalty due-process equal-protection florida harmless-error hurst-relief hurst-v-florida jury-trial sixth-amendment |
1. Does the Florida Supreme Court's holding that a Hurst error is per se harmless where a jury issues a generalized unanimous recommendation for death… |
| 18-5641 |
Pressley Bernard Alston v. Florida, et al. |
Florida |
2018-08-17 |
Denied |
IFP |
8th-amendment,14th-amendment,capital-punishment,hu capital-defendant capital-punishment Does the partial retroactivity formula designed by Does the partial retroactivity formula employed fo due-process,federal-constitutional-rights,post-con federal-constitutional-violations hurst-v-florida montgomery-v-louisiana montgomery-v-louisiana,retroactivity,sentencing,su post-conviction-review retroactivity state-law-waiver supremacy-clause |
1. Does a state capital defendant's state-law waiver of state post-conviction review automatically and forever preclude the defendant from seeking rel… |
| 18-5597 |
David E. Miller v. Tony Mays, Warden |
Sixth Circuit |
2018-08-15 |
Denied |
IFP |
buck-v-davis capital-punishment civil-rights due-process federal-civil-procedure ineffective-assistance-counsel ineffective-assistance-of-counsel martinez-v-ryan rule-60b6 trevino-v-thaler |
Under Buell v. Davis, does the change in law announced in Martinez and Trevino, when coupled with a particularly substantial deprivation of a capital … |
| 18-5517 |
Mike Peter Gallardo v. Arizona |
Arizona |
2018-08-08 |
Denied |
IFP |
capital-jury capital-punishment citizen-jurors due-process eighth-amendment fair-cross-section fourteenth-amendment ineffective-assistance jury-composition sixth-amendment |
Almost a decade ago, this Court unanimously held that, "If a defendant is tried before a qualified jury composed of individuals not challengeable for … |
| 18-5434 |
Troy Victorino v. Florida |
Florida |
2018-08-02 |
Denied |
IFP |
14th-amendment 5th-amendment capital-punishment criminal-punishment death-penalty double-jeopardy due-process ex-post-facto fifth-amendment florida-supreme-court fourteenth-amendment jury-sentencing resentencing statutory-interpretation |
1. Does the Florida Supreme Court ruling that the automatic-resentencing-tolife provision of Florida Statutes Section 775.082(2) applies only if death… |
| 18-5442 |
Craig Alan Wall, Sr. v. Florida |
Florida |
2018-08-02 |
Denied |
Relisted (2)IFP |
capital-punishment constitutional-rights crawford-standard crawford-v-washington due-process fifth-amendment forced-appeal fourteenth-amendment hearsay-exception separation-of-powers sixth-amendment unreasonable-determination-of-facts |
-CAPITAL CASE- REQUEST TO CERTIFY CONSTITUTIONAL QUESTION IN ACCORDANCE WITH 28 U.S.C. § 2403(b): How is Florida Statute § 90.804(2)(f) (2012) "Hearsa… |
| 18-5402 |
Thomas Dewey Pope v. Florida |
Florida |
2018-07-31 |
Denied |
IFP |
8th-amendment caldwell-v-mississippi capital-punishment due-process eighth-amendment equal-protection hurst-v-florida hurst-v-state montgomery-v-louisiana retroactivity supremacy-clause |
1. Does the Florida Supreme Court's determination that the jury findings required by Hurst v. Florida and Hurst v. State enhance the reliability of de… |
| 18-5415 |
Louis B. Gaskin v. Florida |
Florida |
2018-07-31 |
Denied |
IFP |
capital-punishment capital-sentencing death-sentence due-process eighth-amendment equal-protection jury-trial retroactivity unconventional-rules |
1. Whether the Fourteenth Amendment's guarantee of Equal Protection and the Eighth Amendment's prohibition of capricious capital sentencing impose lim… |
| 18-5396 |
Calvin McMillan v. Alabama |
Alabama |
2018-07-30 |
Denied |
IFP |
appearance-of-bias campaign-contributions caperton-v-massey capital-punishment constitutional-standard due-process ineffective-assistance ineffective-assistance-of-counsel judicial-bias judicial-recusal post-conviction |
An Alabama jury voted to sentence Petitioner Calvin McMillan to life in prison for capital murder. Circuit Judge John Bush overrode the jury's decisio… |
| 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… |
| 18-5376 |
Mark Allen Geralds v. Florida |
Florida |
2018-07-27 |
Denied |
IFP |
arbitrary-cutoff capital-murder capital-punishment death-penalty due-process eighth-amendment equal-protection fourteenth-amendment hurst-v-florida jury-unanimity retroactivity |
1. Whether the Florida Supreme Court's partial retroactivity rule as to violations pursuant to Hurst v. Florida, which is based on an arbitrary cutoff… |
| 18-5352 |
Paul Anthony Brown v. Florida |
Florida |
2018-07-25 |
Denied |
IFP |
arbitrary-cutoff capital-punishment constitutional-rights death-penalty death-penalty-retroactivity due-process eighth-amendment equal-protection fourteenth-amendment hurst-v-florida jury-unanimity retroactivity |
1. Whether the Florida Supreme Court's partial retroactivity rule as to violations pursuant to Hurst v. Florida, which is based on an arbitrary cutoff… |
| 18-5354 |
Darryl Brian Barwick v. Florida |
Florida |
2018-07-25 |
Denied |
IFP |
arbitrary-cutoff capital-murder capital-punishment death-penalty due-process eighth-amendment fourteenth-amendment hurst-v-florida jury-unanimity retroactivity |
1. Whether the Florida Supreme Court's partial retroactivity rule as to violations pursuant to Hurst v. Florida, which is based on an arbitrary cutoff… |
| 18-5330 |
Gregory Alan Kokal v. Julie L. Jones, Secretary, Florida Department of Corrections |
Florida |
2018-07-24 |
Denied |
IFP |
capital-case capital-case,eighth-amendment,cruel-and-unusual-pu capital-punishment codefendant-culpability codefendants cruel-and-unusual-punishment culpability death-sentence eighth-amendment proportionality-review |
1. Whether an assessment of the relative culpability of codefendants in a capital case in Florida is required pursuant to the Eighth Amendment in orde… |
| 18-5278 |
Christopher Collings v. Missouri |
Missouri |
2018-07-19 |
Denied |
IFP |
capital-punishment culpability deliberation due-process eighth-amendment eighth-amendment-reliability intoxication jury-instructions mens-rea mental-state |
Whether it violates th e Eighth Amendment to instruct a capital jury that they may not consider evidence of the defendant's intoxication at the time o… |
| 18-5240 |
Roy Lee Ward v. Robert E. Carter, Jr., Commissioner, Indiana Department of Correction, et al. |
Indiana |
2018-07-17 |
Denied |
Response WaivedIFP |
capital-punishment due-process fourteenth-amendment lethal-injection lethal-substances notice prisoner-rights state-execution state-prisoners |
Whether the Due Process Clause of the Fourteenth Amendment to the United States Constitution entitles condemned state prisoners to notice of the letha… |
| 18-5246 |
Warren Darrell Rivers v. Texas |
Texas |
2018-07-17 |
Denied |
IFP |
capital-punishment capital-punishment-sentencing cruel-and-unusual-punishment due-process eighth-amendment fourteenth-amendment individualized-sentencing sentencing sentencing-determination |
WHETHER PROSECUTION EVIDENCE THAT A CAPITAL DEFENDANT HAS BEEN SENTENCED TO DEATH ONCE BEFORE IN THE SAME CASE IMPERMISSIBLY UNDERMINES THE SENTENCING… |
| 18-5160 |
Michael Anthony Tanzi v. Florida |
Florida |
2018-07-09 |
Denied |
Relisted (5)IFP |
caldwell-v-mississippi capital-punishment death-penalty due-process eighth-amendment harmless-error hurst-v-florida hurst-violation judicial-procedure per-se-rule supreme-court-precedent |
1. Does the Florida Supreme Court's application of a per se harmless–error rule to violations of Hurst v. Florida, 136 S. Ct. 616 (2016), in every pre… |
| 18-34 |
Pablo San Martin v. Florida |
Florida |
2018-07-05 |
Denied |
|
capital-punishment eighth-amendment equal-protection fourteenth-amendment hurst-v-florida retroactivity ring-cutoff-formula ring-v-arizona |
Does the retroactivity formula created by the Florida Supreme Court pursuant to Hurst v. Florida, 136 S.Ct. 616 (2016) violate the Eighth and Fourteen… |
| 18-5065 |
Manuel Antonio Rodriguez v. Florida |
Florida |
2018-07-05 |
Denied |
IFP |
caldwell-v-mississippi capital-punishment death-penalty death-penalty-sentencing eighth-amendment furman-v-georgia hurst-v-florida retroactivity ring-v-arizona supremacy-clause |
1. Whether the Florida Supreme Court's per se harmless-error rule, which deems Hurst errors harmless in every case in which the defendant's pre-Hurst … |
| 18-5122 |
Thomas Overton v. Florida |
Florida |
2018-07-05 |
Denied |
IFP |
apprendi-v-new-jersey capital-punishment constitutional-rights death-penalty death-penalty-retroactivity due-process eighth-amendment equal-protection fourteenth-amendment hurst-v-florida retroactivity ring-v-arizona supremacy-clause supreme-court |
1. Does the Florida Supreme Court's partial retroactivity approach providing for relief pursuant to Hurst v. Florida, 136 S. Ct. 616 (2016) and Hurst … |
| 18-5091 |
Kevin Don Foster v. Florida |
Florida |
2018-07-02 |
Denied |
IFP |
apprendi-v-new-jersey capital-punishment death-penalty death-penalty-retroactivity eighth-amendment equal-protection fourteenth-amendment hurst-v-florida retroactivity ring-v-arizona |
1. Does the Florida Supreme Court's partial retroactivity approach providing
for relief pursuant to Hurst v. Florida, 136 S. Ct. 616 (2016) and Hurst … |
| 18-5037 |
Richard Eugene Hamilton v. Florida |
Florida |
2018-06-29 |
Denied |
IFP |
capital-punishment capital-sentence capital-sentencing eighth-amendment equal-protection fourteenth-amendment hurst-v-florida jury-determination retroactivity supremacy-clause |
Does the Florida Supreme Court's decision limiting the retroactivity of Hurst v. Florida, 136 S. Ct. 616 (2016), to convictions final after the date o… |
| 18-5051 |
Samuel Jason Derrick v. Florida |
Florida |
2018-06-29 |
Denied |
IFP |
arbitrary-cutoff capital-murder capital-punishment death-penalty death-penalty-retroactivity due-process eighth-amendment fourteenth-amendment hurst-v-florida jury-unanimity retroactivity sentencing |
1. Whether the Florida Supreme Court's partial retroactivity rule as to violations pursuant to Hurst v. Florida, which is based on an arbitrary cutoff… |
| 18-5054 |
Brandy Bain Jennings v. Florida |
Florida |
2018-06-29 |
Denied |
IFP |
arbitrary-sentencing capital-punishment capital-sentencing disparate-treatment due-process eighth-amendment equal-protection fourteenth-amendment retroactivity |
1. Whether the Florida Supreme Court's application of only partial retroactivity of Hurst v. State and Hurst v. Florida violates the Eighth and Fourte… |
| 18-5012 |
Ian Deco Lightbourne v. Florida |
Florida |
2018-06-28 |
Denied |
IFP |
capital-punishment capital-sentencing disparate-treatment due-process eighth-amendment equal-protection fourteenth-amendment retroactivity |
Whether Florida's limited retroactive application of its Eighth Amendment decision in Hurst v. State violates the Eighth and Fourteenth Amendments bec… |
| 18A1200 |
Robert Joe Long v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
|
Denied |
|
capital-punishment constitutional-violation death-penalty eighth-amendment execution-stay habeas-corpus |
Question not identified. |
| 18A1346 |
Marion Wilson, Jr. v. Benjamin Ford, Warden |
Georgia |
|
Denied |
|
capital-punishment clemency death-penalty eighth-amendment execution-stay prosecutorial-misconduct |
Question not identified. |
| 24A349 |
Robert Leslie Roberson III v. Texas |
Texas |
|
Denied |
|
actual-innocence capital-punishment changed-science due-process forensic-evidence shaken-baby-syndrome |
Whether the Texas Court of Criminal Appeals violated Robert Leslie Roberson III's constitutional rights to due process and a meaningful opportunity to… |
| 25A378 |
Charles Ray Crawford v. Mississippi |
Mississippi |
|
Denied |
|
capital-punishment defense-strategy ineffective-assistance retroactivity right-to-counsel sixth-amendment |
Question not identified. |
| 24A391 |
Christopher Collings v. David Vandergriff, Warden |
Missouri |
|
Denied |
|
capital-punishment eighth-amendment habeas-corpus ineffective-assistance intellectual-disability procedural-default |
Question not identified. |
| 24A498 |
Carey Grayson v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
|
Denied |
|
capital-punishment conscious-suffocation cruel-and-unusual-punishment eighth-amendment execution-method nitrogen-hypoxia |
Question not identified. |
| 25A577 |
Richard Barry Randolph v. Florida, et al. |
Florida |
|
Denied |
|
capital-punishment death-penalty eighth-amendment irreparable-harm mental-competency method-of-execution |
Question not identified. |
| 24A284 |
Freddie Owens v. Bryan Stirling, et al. |
Fourth Circuit |
|
Denied |
|
capital-punishment competency cruel-and-unusual death-penalty eighth-amendment mental-illness |
Question not identified. |
| 24A1261 |
Richard Gerald Jordan v. Mississippi |
Mississippi |
|
Denied |
|
capital-punishment due-process ex-post-facto-clause res-judicata substantive-law successive-petition |
Whether the Mississippi Supreme Court's inconsistent application of Mississippi law—holding that all legislation is substantive law under Howell and R… |
| 24A1143 |
Richard Gerald Jordan v. Mississippi |
Mississippi |
|
Denied |
|
ake-v-oklahoma capital-punishment due-process mcwilliams-v-dunn mental-health-expert sixth-amendment |
Whether the Mississippi Supreme Court's refusal to apply this Court's precedent in McWilliams v. Dunn, 582 U.S. 183 (2017), which clarified that Ake v… |
| 24A1044 |
Jeffrey G. Hutchinson v. Florida, et al. |
Florida |
|
Denied |
|
capital-punishment death-warrant due-process-clause eighth-amendment notice-and-opportunity-to-be-heard stay-of-execution |
Whether the Florida Supreme Court violated Mr. Hutchinson's due process rights by failing to provide adequate notice of his death warrant, truncating … |
| 24A956 |
Mikal Mahdi v. Bryan Stirling, Director, South Carolina Department of Corrections |
South Carolina |
|
Denied |
|
capital-punishment childhood-trauma ineffective-assistance-of-counsel mitigating-evidence sixth-amendment strickland-standard |
Question not identified. |