confrontation

53 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-59 Stephen Lynch Murray v. Phil Archer, et al. Eleventh Circuit 2024-07-18 Denied Relisted (2) civil-procedure civil-rights color-of-law confrontation due-process fourth-amendment free-speech political-speech speech-retaliation standing witness-confrontation When there is speech infringement with arrest, must there be a venue for confrontation and evidence the state did not provide as due, before a federal…
24-5079 John W. Patton v. Louisiana Louisiana 2024-07-16 Denied Response WaivedIFP actual-innocence confrontation constitutional-rights due-process fair-trial grand-jury impartial-judge judicial-interference perjury pro-se-defendant sixth-amendment stand-by-counsel transcript 1. What defense tools are Louisiana pro-se defendants entitled to when they choose to represent themselves pro-se at trial? a. Does it Violate Due Pro…
23-7803 Michael Sean Graham v. United States Ninth Circuit 2024-06-25 Denied Response WaivedIFP confrontation confrontation-clause covid-19-restrictions due-process fifth-amendment public-interest sars-cov-2 sixth-amendment trial-procedure 1. By denying relief, did the Ninth Circuit Court of Appeals err in holding that the masking of trial witnesses was not a violation of defendant's Fif…
23-1256 Donna Davis Javitz v. Luzerne County, Pennsylvania, et al. Third Circuit 2024-05-30 Denied civil-rights confrontation confrontation-rights due-process effective-assistance-of-counsel first-amendment-retaliation free-speech judicial-misconduct mistrial trial-fairness 1. Whether the Petitioner was denied the constitutional right to a fair trial in a First Amendment retaliation case when the judge: (1) struck Petitio…
23-6623 Johnl Jackson v. United States Ninth Circuit 2024-01-30 Denied Response WaivedIFP compulsory-process confrontation confrontation-clause constitutional-rights criminal-procedure due-process federal-rules-of-evidence notice-requirement sex-trafficking 1. The crime of Sex Trafficking by Force, Fraud, or Coercion, 18 U.S.C. § 1591, by virtue of its definitions of "coercion" and "serious harm," allows …
23-6238 William Jarvis v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-12-12 Denied IFP confrontation confrontation-clause due-process effective-counsel equal-protection fifth-amendment self-incrimination sixth-amendment third-party-guilt 1. Whether the Fifth Amendment right to be free from the compulsion to make self incriminating statements includes the right to not be required to pro…
23-6060 John Lacey Mulkey v. Georgia Georgia 2023-11-20 Denied Response WaivedIFP confrontation confrontation-clause criminal-procedure due-process evidence extrinsic-evidence right-to-present-defense rule-403 sixth-amendment speedy-trial Did the Court of Appeals violate the due process right to present a defense, in holding admissible, under O.C.G.A. § 24-4-403, (Rule 403) extrinsic ev…
23-464 Matthew Boermeester v. Ainsley Carry, et al. California 2023-11-02 Denied Response WaivedRelisted (2) confrontation cross-examination due-process educational-discipline fair-process student-rights title-ix witness-credibility Whether when an educational institution that is a recipient of Federal funds seeks to impose a lengthy suspension or expulsion on a student for allege…
23-5443 Scott Huss v. Ricky D. Dixon, Secretary, Florida Department of Corrections Florida 2023-08-25 Denied Response WaivedIFP 14th-amendment 5th-amendment 6th-amendment appellate-review confrontation confrontation-clause constitutional-violation due-process equal-application equal-protection habeas-corpus Is it a federal due process, confrontation, and equal application violation as guaranteed by the 5th, 6th, and 14th Amendments (U.S. Const.) when a st…
22-6731 Lamon Demetrus Wright v. United States Fifth Circuit 2023-02-08 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation confrontation-rights due-process evidence-admissibility federal-courts good-cause good-cause-standard hearsay hearsay-reliability reliability supervised-release What manner of hearsay should be considered "reliable" when federal courts decide whether the government has established "good cause" to deny confront…
22-6622 Marvin Eduardo Luna Gomez v. Nineteenth Judicial Circuit of Virginia, et al. Fourth Circuit 2023-01-25 Denied IFP civil-procedure civil-rights confrontation confrontation-rights constitutional-rights due-process federal-procedure habeas-corpus prison-disciplinary-proceedings standing wolfe-v-mcdonnell Question not identified.
22-6472 Vincent Paul Melendrez v. Jason Bennett, Superintendent, Stafford Creek Corrections Center Ninth Circuit 2023-01-06 Denied Response WaivedIFP confrontation confrontation-clause constitutional-rights criminal-defendant criminal-procedure defense due-process fifth-amendment self-incrimination sixth-amendment 1. Where the Trial Court's Ruling Compelling the Election of Rights had required a criminal Defendant to waive his Fifth Amendment Constitutional Ri…
22-6438 Tommiel Q. Claiborne, aka Tommie Lee Claiborne, Jr., aka Tommie L. Claiborne v. Mississippi Mississippi 2023-01-03 Denied IFP confrontation constitutional-rights court-appointed-counsel criminal-procedure criminal-proceeding due-process ineffective-assistance-of-counsel jury-selection legal-assistance peremptory-challenges sixth-amendment Ineffective Assistance of Counsel for [PETITIONER] to challenge, due process, and right to effective assistance of counsel which is a violation of the…
22-6435 Willie Tyrone Shipley v. D. Holbrook Ninth Circuit 2022-12-30 Denied Response WaivedIFP civil-rights confrontation constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence fourteenth-amendment prosecutorial-discretion sixth-amendment witness-testimony 1.) Is a defendant deprived of his right to Confrontation and due Process within the meaning of the Sixth, and Fourteenth Amendments Whea the District…
22-530 Daniel A. Bench v. United States Armed Forces 2022-12-08 Denied Response Waived child-witness confrontation confrontation-right court-martial plain-error prosecutorial-misconduct remote-testimony sixth-amendment Does a prosecutor's in-court lie to secure a witness's testimony constitute misconduct that materially prejudices an accused's Sixth Amendment right t…
22-6155 Ryan McGuire v. United States Ninth Circuit 2022-11-28 Denied Response WaivedIFP confrontation confrontation-clause criminal-trial cross-examination due-process fair-trial impeachment impeachment-evidence law-enforcement 1. Does a trial court's ruling excluding evidence at trial violate a criminal defendant's right to due process, including the rights to confront and e…
22-5692 Kyle Brandon Rocha v. West Virginia West Virginia 2022-09-27 Denied Response WaivedIFP beyond-a-reasonable-doubt confrontation confrontation-clause constitutional-rights due-process hearsay hearsay-evidence reasonable-doubt sentencing sentencing-hearing standard-of-proof Is it a violation of a defendant's rights to due process of law and confrontation for a Court to make a finding in a sentencing hearing based solely o…
22-5385 J. S. v. Texas Texas 2022-08-19 Denied IFP confrontation criminal-procedure due-process juvenile-justice kent-v-united-states sixth-amendment A split exists among state courts of last resort on whether the Sixth Amendment right to confrontation extends to a hearing on whether to certify a ch…
22-5369 Milton Lee Gardner v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-08-17 Denied IFP confrontation confrontation-clause constitutional-error criminal-procedure due-process habeas-corpus jury-charge juvenile-adjudication juvenile-justice sentencing-enhancement 1). If the record in this case contains two "written waivers" of counsel, and one request to proceed pro se by counsel, prior to voir dire. But, the r…
22-5131 Terry Gillard v. California California 2022-07-19 Denied Response WaivedIFP confrontation confrontation-clause criminal-procedure due-process fair-trial fourteenth-amendment sixth-amendment witness-impeachment Whether the California court's refusal to allow a witness to be impeached with his federal bank robbery conviction violated petitioner's clearly estab…
22-5117 Wade Robertson v. Committee on Grievances for the United States District Court for the District of Columbia District of Columbia 2022-07-18 Denied Response WaivedIFP administrative-proceedings confrontation confrontation-clause constitutional-rights cross-examination due-process professional-license professional-licensing quasi-criminal witness-testimony 1. Does the Federal Constitution secure to the holder of a professional license, such as an attorney, the right to confront and cross-examine adverse …
21-8054 Carlos Johnson v. Dan Reddington, Warden Missouri 2022-06-03 Denied Response WaivedIFP confrontation confrontation-clause constitutional-rights crawford-v-washington criminal-procedure due-process evidence-law habeas-corpus hearsay probation-revocation To guarantee fairness, should criminal defendants in probation revocation proceedings be provided under the due process clause with a more robust righ…
21-7492 In Re Jonathan Manwell 2022-03-29 Denied IFP appellate-review confrontation constitutional-rights counsel-of-choice criminal-procedure discovery due-process effective-assistance-of-counsel forensic-evidence impartial-tribunal DOES PETITIONER HAVE A CONSTITUTIONAL RIGHT TO LOCATED AND CONFISCATED EXCULPATORY FORENSIC EVIDENCE, TRANSCRIPTS AND DOCUMENTS NECESSARY FOR A MEANIN…
21-6930 Juan Rivera-George, aka Tio v. United States First Circuit 2022-01-20 Denied Response WaivedIFP confrontation cross-examination-limitation fair-trial hearsay-admission impartial-jury impeachment-evidence jury-bias jury-impartiality sentencing sentencing-disparity sixth-amendment sixth-amendment-right 1. Whether Juan Rivera-George ("Juan") was deprived of his Sixth Amendment right to a fair trial by an impartial jury when the District Court failed t…
21-6173 Rotimi Salu v. New York State Justice Center for the Protection of People With Special Needs New York 2021-11-04 Denied Response WaivedRelisted (2)IFP administrative-adjudication administrative-law confrontation confrontation-rights credibility due-process employment-law hearsay hearsay-evidence witness-credibility Does it violate due process of law for a state agency to routinely adjudicate accusations of wrongdoing on hearsay evidence alone (in over 95 percent …
20-8381 Christian Diaz v. Scott Frauenheim, Warden Ninth Circuit 2021-06-22 Denied IFP civil-rights confrontation counsel-obligations due-process evidence trial-procedure Question not identified.
20-1147 Thomas Jefferson Smallwood v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-02-22 Denied certificate-of-appealability compulsory-process confrontation confrontation-clause fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment standard-of-review Should a certificate of appealability issue to determine if defense counsel was ineffective in not making an objection to the exclusion of testimony f…
20-7014 Michael A. Bruzzone v. Intel Corporation, et al. Ninth Circuit 2021-02-02 Denied Response WaivedIFP antitrust antitrust-law civil-rights confrontation constitutional-rights due-process federal-jurisdiction judicial-procedure privileges racketeering On District Court acceptance of appellant's $505 filing fee can 9th Circuit Order appeal CLOSED forgetting intake and review of compulsory briefs?I, …
20-6820 Eljarod Lawson v. California California 2021-01-12 Denied Response WaivedIFP confrontation confrontation-clause constitutional-immunity due-process sexual-assault sixth-amendment sixth-fourteenth-amendment testimonial-hearsay witness-unavailability A. Was the Sixth Amendment right of confrontation violated when the court allowed the use of the prior transcripted testimony of the complaining witne…
20-6244 Thomas M. Ha v. Christine Popoff, Superintendent, Oregon State Correctional Institution Ninth Circuit 2020-11-09 Denied Response WaivedIFP confrontation cross-examination due-process morrissey-precedent morrissey-v-brewer parole parolee-rights revocation-hearing witness-confrontation Whether the holding in Morrissey v. Brewer, 408 U.S. 471 (1972), that a parolee's due process right to confront and cross-examine an adverse witness m…
20-5784 Cedric Jeffries v. Ohio Ohio 2020-09-24 Denied IFP complaining-witness confrontation confrontation-clause constitutional-rights due-process evidence prior-sexual-assault rape-shield-law sexual-assault witness-testimony I. Does a State rape-shield law violate the Constitutional rights to confrontation and due process when it excludes evidence that a complaining witnes…
20-5345 Clarence Taylor v. United States Ninth Circuit 2020-08-13 Denied Response WaivedIFP administrative-law confrontation confrontation-right due-process government-burden hearsay revocation-proceeding testimonial-evidence witness-hearsay witness-testimony Whether due process requires the government to make an affirmative showing that a witness is afraid to testify before relying on testimonial hearsay a…
20-5331 Michael A. Bruzzone v. Intel Corporation, et al. Ninth Circuit 2020-08-13 Denied Response WaivedIFP administrative-procedure anti-SLAPP antitrust civil-rights confrontation confrontation-clause due-process equal-protection retaliation In a 15 U.S.C. § 1 controversy claiming industry, law, attorney, group boycott, can District and Appellant Courts, one after the next, deny a citizen …
19-8920 Deshawn Colbert v. Sherry L. Burt, Warden Sixth Circuit 2020-07-08 Denied Response WaivedIFP confrontation confrontation-clause criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel new-trial pre-arrest-silence prosecutorial-misconduct sixth-amendment THE APPELANT'S RIGHT TO CONFRONTATION PURSUANT TO THE SIXTH AMENDMENT OF THE UNITED STATES CONSTITUTION WAS VIOLATED AS A RESULT OF INEFFECTIVE ASSIST…
19-8040 Jerry Meas v. Osvaldo Vidal, Superintendent, Souza-Baranowski Correctional Center, et al. First Circuit 2020-03-19 Denied Response WaivedIFP certificate-of-appealability confrontation confrontation-clause credibility criminal-procedure cross-examination due-process evidence habeas-corpus judicial-discretion sixth-amendment sixth-amendment-confrontation witness-credibility 1. Whether it is permissible under a criminal defendant's Sixth Amendment right of confrontation for a trial judge to curtail materially relevant cros…
19-7927 Jay Allen Newcomb v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-03-10 Denied Response WaivedIFP confrontation confrontation-rights double-jeopardy due-process oral-pronouncement sentencing sentencing-conflict written-judgment 1. Is the 11th Circuit's conclusion that "any error the sentencing court made in orally pronouncing [Petitioner's] sentence was corrected by the writt…
19-7450 George Maurice Steele v. United States Fifth Circuit 2020-01-29 Denied Response WaivedIFP confrontation confrontation-clause confrontation-right criminal-procedure due-process fifth-amendment revocation-hearing sentencing supervised-release witness-testimony Whether the district court erred by allowing testimony at the revocation hearing that violated Mr. Steele's Fifth Amendment due process right to confr…
19-7442 Andrew Lee Williams v. Texas Texas 2020-01-27 Denied IFP confrontation confrontation-clause constitutional-vagueness criminal-procedure criminal-procedure-article-38.41 due-process fair-trial fourteenth-amendment indefiniteness sixth-amendment vagueness 1. Whether the Texas Court of Criminal Appeals' recent holdings in ANDREW LEE WILLIAMS v. STATE, No. PD-1199-17 (Tx.Crim.App.- October 9, 2019), regar…
19-6924 William D. Thomas v. Mark McCullick, Warden Sixth Circuit 2019-12-12 Denied Response WaivedIFP bail civil-procedure confrontation confrontation-clause criminal-procedure due-process eyewitness-identification identification indictment officer-activity police-conduct preliminary-hearing warrant-inquiry whether a state's failure to meet the reciprocal r a one on one Confrontation during a preliminary hearng tanted by prior police activity is Sufficient to warrant a Caurt's reliability inquiry. II. Wh…
19-6322 Kelvin Miles v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2019-10-22 Denied Response WaivedIFP alleyne alleyne-vs-united-states apprendi confrontation confrontation-clause constitutional-rights criminal-procedure due-process evidence evidence-destruction fair-trial hearsay sentencing sentencing-enhancement sentencing-factors 1. DID THE PRE-TRIAL DESTRUCTION OF EVIDENCE BY THE STATE DENY THE PETITIONER HIS RIGHT TO DUE PROCESS AND A FAIR TRIAL, THUS DENYING HIM THE ONLY EV…
19-467 Chixapkaid Donald Michael Pavel v. University of Oregon, et al. Ninth Circuit 2019-10-09 Denied Response Waived confrontation cross-examination due-process employment-rights public-university sexual-harassment tenure termination union 1) When a tenured professor at a public university is accused of sexual harassment, and vigorously disputes the allegations, do his due process rights…
19-5819 Arthur Rathburn v. United States Sixth Circuit 2019-09-04 Denied Response WaivedIFP confrontation confrontation-clause criminal-procedure due-process evidence-standard evidentiary-issues fair-notice jury-instructions reasonable-doubt right-to-jury-trial right-to-present-defense sufficiency-of-evidence vagueness I. DID THE GOVERNMENT FAIL TO PRESENT SUFFICIENT EVIDENCE TO SUPPORT THE CONVICTIONS BEYOND A REASONABLE DOUBT? II. WAS PETITIONER RATHBURN DENIED HI…
19-5065 Chester Ray Crank v. Charmaine Bracy, Warden Sixth Circuit 2019-07-03 Denied Response WaivedRelisted (2)IFP alibi-defense confrontation confrontation-clause conviction criminal-procedure due-process illegal-recordings ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence intoxication police-misconduct prejudicial-evidence IS A PETITIONER PROVIDED DUE PROCESS OF LAW WHEN HE IS CONVICTED ON EVIDENCE INSUFFICIENT TO SUSTAIN A CONVICTION WHEN SAID EVIDENCE WAS WHOLLY BASED …
18-1342 Andrew Ndubisi Ucheomumu v. Attorney Grievance Commission of Maryland Maryland 2019-04-25 Denied Response Waived attorney-discipline brady-v-maryland in-re-ruffalo quasi-criminal willner-v-committee 14th-amendment attorney-disciplinary-proceeding attorney-discipline brady-disclosure confrontation confrontation-rights due-process in-re-ruffalo prosecutorial-misconduct willner-v-committee 1. Whether the State of Maryland violated Petitioner's 14th Amendment due process rights in an attorney disciplinary proceeding resulting in Petitione…
18-8189 Martin Tovar v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility Seventh Circuit 2019-02-28 Denied Response WaivedIFP confrontation confrontation-clause constitutional-rights due-process evidentiary-hearing federal-precedent habeas-corpus habeas-corpus-petition ineffective-assistance ineffective-assistance-of-counsel post-conviction Ground One: Whether (a) The Indiana Southern District Court erred in ruling Petition for Writ of Habeas Corpus was time barred and (b) Seventh Circuit…
18-8111 Rossahn Black v. United States Sixth Circuit 2019-02-22 Denied Response WaivedIFP bullcoming confrontation confrontation-clause evidence-admissibility expert-witness forensic-evidence forensic-testimony melendez-diaz melendez-diaz-precedent ninth-circuit-interpretation sixth-amendment testimony I. Whether this Court's decision in Melendez-Diaz v. Massachusetts, 557 U.S. 305, 129 5.Ct. 2527 (2009) and Builcoming v. New Mexico, 5614 U.S. 647, 1…
18-7782 James E. Mason, Jr. v. Darrel Vannoy, Warden Fifth Circuit 2019-02-06 Denied IFP batson-challenge batson-challenges burden-of-proof confrontation confrontation-clause constitutional-rights criminal-procedure due-process impeached-testimony ineffective-assistance-of-counsel ineffective-counsel insufficient-evidence jury-instructions jury-selection race-neutral-challenges Reasonable jurists would conclude that the State obtained Mr. Masons with insufficient evidence. Jurists of reason would determine that Mr. Mason was…
18-7146 Jonathan Samuel Sage v. Washington Washington 2018-12-21 Denied IFP confrontation confrontation-clause cross-examination double-jeopardy double-jeopardy-clause due-process evidence-restriction judicial-review jury-instructions multiple-convictions same-crime same-person-same-time separate-and-distinct-conduct uncharged-misconduct witness-credibility 1. It is well established that when a person is charged with multiple counts of the same crime committed against the same person at the same time, the…
18-6988 Donald Sanders v. Domingo Uribe, Jr., Warden Ninth Circuit 2018-12-11 Denied Response WaivedIFP confrontation confrontation-clause cross-examination due-process eyewitness eyewitness-testimony federal-proceedings fundamental-fairness ninth-circuit state-court state-court-proceedings Whether the Ninth Circuit clearly erred in its decision that the state court reasonably concluded that Petitioner's right to confrontation was not vio…
18-687 Auriel Devon Frett v. Territory of the Virgin Islands Virgin Islands 2018-11-26 Denied chambers-v-mississippi co-defendant-testimony confrontation confrontation-clause criminal-procedure cross-examination cumulative-error-doctrine due-process jury-instructions sentencing sixth-amendment 1. Whether the instruction to not consider the specific length of sentence a testifying co-defendant faced absent cooperation violates a defendant's s…
18-265 Micah Patterson v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2018-08-31 Denied Response RequestedRelisted (2) adversarial confrontation constitutional-rights due-process expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel investigation sixth-amendment virginia-supreme-court A. Did the Virginia Supreme Court err by effectively affirming a lower court holding that denied relief for Patterson's ineffective assistance of coun…
18-5601 Jose Ramirez v. United States Fifth Circuit 2018-08-15 Denied Response WaivedIFP confrontation confrontation-right due-process federal-sentencing fifth-amendment good-cause parole probation revocation sentencing-hearing witness-confrontation Does the Fifth Amendment's Due Process Clause confer at least a limited right to confront witnesses at federal sentencing hearings absent a showing, a…
18-5449 In Re Michael D. Smith 2018-08-06 Denied Response WaivedIFP 28-usc-2255 appeals civil-procedure confrontation criminal-procedure district-court-review double-jeopardy due-process federal-habeas habeas-corpus indictment motion-to-vacate post-conviction-relief self-incrimination sentencing speedy-trial standing Question not identified.