charging-document
13 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-633 | Dennis A. George, Jr. v. United States | Armed Forces | 2025-12-03 | Denied | Response Waived | charging-document due-process fair-notice fifth-amendment legal-sufficiency sixth-amendment | Under the Fifth Amendment right to due process and the Sixth Amendment right to fair notice, may a conviction be affirmed as legally sufficient based … |
| 25-6191 | Duane E. Adams v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2025-11-21 | Denied | Response WaivedIFP | charging-document constitutional-rights due-process judicial-procedure subject-matter-jurisdiction trial-court | WAS ADAMS ' CONSTITUTIONAL RIGHT TO DUE PROCESS VIOLATED WHEN THE TRIAL COURT CONDUCTED A TRIAL AND ENTERED A JUDGMENT, WITHOUT HAVING SUBJECT MATTE… |
| 22-7751 | David Paul Bickford v. Maryland | Maryland | 2023-06-09 | Denied | Response WaivedIFP | charging-document child-photography child-pornography constitutional-law first-amendment new-york-v-ferber obscenity-standard parental-rights sexual-exploitation statutory-interpretation | 1. If the First Amendment case of New York v Ferber, 458 US 747 (1982), describes the essential elements required for "all legislation in [the] sensit… |
| 22-7012 | Lionel Jericho McCoy v. California | California | 2023-03-15 | Denied | Response WaivedIFP | charging-document common-law common-law-pleading criminal-charging due-process first-degree-murder notice notice-requirements sentencing-enhancement sixth-amendment | Does the 1883 rule set forth in People v. Soto, 63 Cal. 165 (1883) — that facts which expose a defendant to increased punishment need not be charged i… |
| 22-6179 | Brandon J. Office v. Marcus Myers | Fifth Circuit | 2022-11-30 | Denied | IFP | charging-document constitutional-provisions criminal-procedure due-process habeas-corpus illegal-sentence motion-to-correct sentencing | 1. Was the Petitioner entitled to Habeas Corpus Relief, where the Petitioner properly raised a Motion to Correct an Illegal Sentence ? 2. Was the Pet… |
| 21-6229 | Kyle Shirakawa Handley v. California | California | 2021-11-10 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | apprendi charging-document criminal-procedure due-process notice notice-requirements sentencing-enhancement sentencing-enhancements sixth-amendment | 1. Whether the 1936 rule set forth in People v Britton , 6 Cal.2d 1 -- that facts which expose a defendant to substantially enhanced punishment need n… |
| 21-483 | David Klug v. Florida | Florida | 2021-10-01 | Denied | Response Waived | charging-document criminal-charging due-process fifth-amendment jury-unanimity lewd-and-lascivious-molestation sexual-offenses sixth-amendment | Whether a state prosecuting authority may bundle several single-act offenses concerning the lewd and lascivious molestation of a minor into the same s… |
| 21-5641 | Conoly Freddie Franklin, III, and Andre Anthony Franklin, aka Tommy Martin v. United States | Ninth Circuit | 2021-09-10 | Denied | Response WaivedIFP | charging-document circuit-split criminal-procedure federal-rules federal-rules-of-criminal-procedure good-cause judicial-review plain-error plain-error-review sufficiency | Does Federal Rule of Criminal Procedure 12(b)(3) bar reviewing the sufficiency of a charging document absent a showing of good cause as the Ninth Circ… |
| 20-7981 | Stephen Nivens v. J. Phillip Morgan, Warden, et al. | Fourth Circuit | 2021-05-11 | Denied | Response WaivedIFP | charging-document constitutional-rights double-jeopardy duplicitous duplicitous-charging fifth-amendment jury jury-trial multiplicitous multiplicitous-charging | Whether the Petitioner has a right to be free from Double Jeopardy, after the jury was sworn in and with the jury ruling upon Count 5 and Count 6 purs… |
| 20-7163 | Gabriel Z. Kershaw v. United States | Fourth Circuit | 2021-02-17 | Denied | Response WaivedIFP | categorical-approach charging-document controlled-substance-offense generic-judgment-records shepard-documents u.s.s.g.-§4b1.1 | Whether the Fourth Circuit should be required to use the categorical approach, applying the parameters set by this Court, to its determination that a … |
| 20-5421 | Doved Ben Downer v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2020-08-19 | Denied | Response WaivedIFP | charging-document criminal-law criminal-procedure double-jeopardy drug-possession due-process information-charging legal-sufficiency racketeering statutory-interpretation | 1. IS SIMPLE POSSESSION UNDER F.S. 893.13(6)(A). A LEGALLY PERMISSIBLE RACKETEERING PREDICATE INCIDENT UNDER F.S. § 895.02(l)(a), § 895.02(l)(b)? 2. … |
| 19-6427 | Ray A. Smith v. John Chapdelaine, Warden, et al. | Tenth Circuit | 2019-10-31 | Denied | Relisted (2)IFP | charging-document criminal-procedure due-process evidence ineffective-assistance-of-counsel jury-instructions professional-responsibility prosecutorial-misconduct standard-of-review sufficiency-of-evidence | 1. As representatives of the Office of Public Defender, did lawyers Willie Rios and Eric Zale, fufill their professional responsibilities and obligati… |
| 18-6366 | John A. Barbosa v. United States | First Circuit | 2018-10-17 | Denied | Response WaivedIFP | armed-career-criminal-act carachuri-rosendo carachuri-rosendo-v-holder charging-decision charging-document circuit-split judgment maximum-sentence plea-colloquy prosecutorial-discretion record-of-conviction rodriguez-precedent serious-drug-offense state-drug-offense | The Court's decision in United States v. Rodriquez, which it clarified in Carachuri-Rosendo v. Holder, instructs lower courts to look to the record of… |