confrontation-clause

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Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6843 Ron Delano Kuntz v. United States Third Circuit 2026-02-18 Pending IFP appellate-review confrontation-clause criminal-procedure due-process evidentiary-hearing witness-testimony 1) Whether tte District Court exclusion of an material witness testimony was reasonable especially being a mariner of the Court and then depending up…
25-950 Mark Hartman v. Dave Yost, Attorney General of Ohio Sixth Circuit 2026-02-10 Pending appellate-review certificate-of-appealability confrontation-clause constitutional-error due-process sixth-amendment I Did the Sixth Circuit err when it reversed the district court's grant of the writ based on ineffective assistance of counsel during cross-examinatio…
25-939 James Garfield Broadnax v. Texas Texas 2026-02-06 Pending confrontation-clause due-process eighth-amendment equal-protection expert-testimony fourteenth-amendment 1. Whether the State's use in a capital sentencing proceeding of rap lyrics composed by a Black defendant to argue to a nearly all-White jury that the…
25A858 Dawn Marie Guevara v. United States Ninth Circuit 2026-01-30 Application confrontation-clause constitutional-rights criminal-procedure evidence-admission harmless-error sixth-amendment Question not identified.
25A850 Jeffrey Dale Busby v. Mississippi Mississippi 2026-01-28 Application confrontation-clause constitutional-error expert-testimony forensic-evidence smith-v-arizona technical-reviewer Question not identified.
25-6670 Charles Victor Thompson v. Texas Texas 2026-01-27 Denied IFP autopsy-report confrontation-clause criminal-procedure due-process medical-evidence sixth-amendment Did the Texas Court of Criminal Appeals err when it failed to apply this Court's holdings in Smith v. Arizona, 602 U.S. __ (2024) and Crawford v. Wash…
25-6612 Qing Han v. Joseph Auto Service Inc. Texas 2026-01-16 Pending Response WaivedIFP appellate-review confrontation-clause documentary-evidence exhibit-admission notary-interpretation pro-se Whether the Court of Appeals permits an appellate court to give a notice of judgment on the theory that a prose, interpreter-assisted litigant never o…
25-6560 Tony Daniel Klein v. United States Ninth Circuit 2026-01-13 Pending Response WaivedRelisted (2)IFP confrontation-clause constitutional-defense criminal-procedure evidence-exclusion sixth-amendment witness-bias Does a court violate a criminal defendant's constitutional right to present a defense by excluding the strongest evidence supporting the sole theory o…
25A758 Sean Paul Baker v. United States Tenth Circuit 2025-12-31 Application confrontation-clause constitutional-rights criminal-procedure evidence-rule-412 sexual-abuse witness-credibility Question not identified.
25A705 Charles Albert Massey v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2025-12-17 Application confrontation-clause criminal-procedure cross-examination hearsay-evidence preliminary-hearing sixth-amendment Question not identified.
25-689 George Sharrod Johns v. Georgia Georgia 2025-12-12 Pending Amici (2)Response RequestedResponse Waived autopsy confrontation-clause criminal-procedure hearsay sixth-amendment testimonial-evidence A forensic pathologist who performed an autopsy on a homicide victim was unavailable for trial. In her place, the State of Georgia offered testimony b…
25A656 Brandon Z. Miller v. United States Armed Forces 2025-12-04 Application confrontation-clause military-evidence-rule presley-v-georgia public-trial sixth-amendment waller-v-georgia Question not identified.
25-6173 Charles Jason Carmichael v. South Carolina South Carolina 2025-11-19 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process hearsay-testimony trial-error X. 4^ $ X. S-t-M-j-e $ Cot>r4 e^cej4 no4 nj v^UoX^ e'r 4\i€ 4r<c<l Coucf errcA in cv<Jvn.44->n« He +es4>'w,otnj cl"' <1 vJifnesS Q.C. , ^kex-fc -He c…
25-6168 Carl Rose v. United States Third Circuit 2025-11-19 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process hearsay-evidence revocation-hearing supervised-release Whether the Due Process Clause and Federal Rule of Criminal Procedure 32.1(b)(2)(C) require a district court, before admitting hearsay at a supervised…
25-6163 Terrance Deshun Cash v. United States Fifth Circuit 2025-11-19 Denied Response WaivedIFP confrontation-clause constitutional-rights due-process fifth-amendment hearsay sixth-amendment Petitioner Cash contend that his constitutional rights was violated be fore the Fifth Circuit Court of Appeals due to the stated facts raised beforet…
25-6000 Demeccio Caston v. Louisiana Louisiana 2025-10-30 Denied Response WaivedIFP confrontation-clause crawford-rule criminal-procedure due-process hearsay testimonial-evidence Whether permitting a detective to testify to unconfronted, testimonial hearsay statements that directly inculpate a defendant statements, made by witn…
25-5996 Jean-Michael Kisi v. Joseph Joyce, Warden Eighth Circuit 2025-10-30 Denied IFP confrontation-clause constitutional-rights due-process fourteenth-amendment jury-deliberation sixth-amendment I. WHETHER THE DISTRICT COURT EXCLUDING THE PETITIONER FROM THE COURTROOM WHEN PERSONS DISPLAYED THE STATE 'S LAPTOP IN THE DELIBERATION ROOM AND A …
25-512 Jibril Adamu v. United States Second Circuit 2025-10-24 Pending confrontation-clause criminal-procedure drug-trafficking extraterritorial-application sixth-amendment testimonial-hearsay 1. Whether the crime of possession with intent to distribute under 21 U.S.C. §959(c)(2) applies extraterritorially. 2. Whether a non-testifying analy…
25A460 George Sharrod Johns v. Georgia Georgia 2025-10-22 Presumed Complete confrontation-clause criminal-procedure expert-testimony forensic-pathology sixth-amendment testimonial-statements Question not identified.
25-5908 Jean-Claude Okongo Landji v. United States Second Circuit 2025-10-17 Pending Response WaivedIFP circuit-split confrontation-clause conspiracy controlled-substances extraterritorial-prosecution sixth-amendment 1. May the offense of conspiracy to distribute or possess with intent to distribute controlled substances while on a United States aircraft, pursuant …
25A444 Bernard Kentrell Breeland, Jr. v. United States Fourth Circuit 2025-10-17 Presumed Complete bruen-framework confrontation-clause criminal-procedure felon-in-possession lay-opinion-testimony second-amendment Question not identified.
25-336 Elsie Franklin v. Kentucky Kentucky 2025-09-23 Denied adequate-opportunity confrontation-clause criminal-procedure cross-examination evidence-standard prior-testimony In Crawford v. Washington, 541 U.S. 36 (2004), this Court held that, under the Confrontation Clause, an unavailable witness's prior testimony "is admi…
25A290 Christopher Matthew Henderson v. Alabama Alabama 2025-09-12 Presumed Complete authentication capital-murder confrontation-clause evidentiary-authentication protection-order service-of-process Question not identified.
25-290 Christopher Odeku v. Texas Texas 2025-09-12 Pending Response RequestedResponse WaivedRelisted (2) confrontation-clause constitutional-law nurse-examiner sexual-assault sixth-amendment testimonial-evidence Are a complainant's statements to a sexual assault nurse examiner (SANE) testimonial for purposes of the Sixth Amendment's Confrontation Clause?
25-288 Vinaykumar Patel v. United States Third Circuit 2025-09-11 Denied Response Waived confrontation-clause federal-rules-of-evidence fifth-amendment hearsay-evidence law-enforcement-testimony sixth-amendment 1. Whether the introduction of speculative lay opinion by a law enforcement officer, asserting a staged robbery without personal knowledge or expert…
25-5556 Louis Age, Jr. and Ronald Wilson v. United States Fifth Circuit 2025-09-04 Denied Response WaivedRelisted (2)IFP business-record confrontation-clause criminal-procedure due-process evidence-authentication hearsay-exception 1. Whether the Confrontation Clause permits the prosecution in a criminal trial to present to the jury, in lieu of live testimony and over defense obj…
25-5539 Louis Age, III v. United States Fifth Circuit 2025-09-03 Denied Response WaivedRelisted (2)IFP confrontation-clause criminal-procedure due-process fifth-circuit-review rule-404b sufficiency-of-evidence I. Did the Fifth Circuit erroneously apply federal law in finding that the evidence at trial was sufficient to establish the crimes beyond a reasonabl…
25A239 Demeccio Caston v. Louisiana Louisiana 2025-08-29 Presumed Complete confrontation-clause crawford-precedent criminal-procedure hearsay sixth-amendment testimonial-evidence In Petitioner's case, the Louisiana Fourth Circuit Court of Appeals announced a change in prior law that inculpatory hearsay statements made by witnes…
25-231 Jon Wynn Jarrard, Sr. v. Wilfredo Martell, Warden Fourth Circuit 2025-08-28 Denied Response Waived confrontation-clause due-process false-testimony fourteenth-amendment ineffective-assistance sixth-amendment 1. Was the conviction obtained through the use of what the Solicitor knew, or should have known to be false testimony, and did the Solicitor fail to c…
25-5459 Robert Keith Woodall v. Kentucky Kentucky 2025-08-25 Denied Relisted (2)IFP confrontation-clause death-penalty due-process eighth-amendment fourteenth-amendment intellectual-disability The Eighth and Fourteenth Amendments forbid the execution of persons with intellectual disability. Atkins v. Virginia, 536 U.S. 304, 321 (2002). Perso…
25-5426 Reginald Bertram Johnson v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2025-08-22 Denied Response WaivedRelisted (2)IFP appellate-review confrontation-clause constitutional-rights fair-trial sixth-amendment trial-court The following question stems from the Eleventh Circuit Court of Appeals' Published Opinion regarding claims asserted by Mr. Johnson. 1. Whether the U…
25-5278 Reynaldo Alberto Peña v. Texas Texas 2025-08-05 Denied Response WaivedIFP compulsory-process confrontation-clause due-process fourteenth-amendment polygraph-evidence sixth-amendment If a Trial Court admitted into evidence inculpatory statements made by a defendant during the post-interview portion of a polygraph examination, but e…
25-5267 Antonio B. Nascimento-Depina v. Massachusetts Massachusetts 2025-08-04 Denied Response WaivedIFP appellate-review confrontation-clause due-process forensic-evidence harmless-error jury-determination Whether, after a state supreme court expressly acknowledging that admitting surrogate DNA-analyst testimony violated the Sixth Amendment Confrontation…
25-5204 Mario Onesimo Gonzalez v. United States Ninth Circuit 2025-07-28 Denied Response WaivedIFP confrontation-clause criminal-procedure drug-evidence expert-testimony hearsay sixth-amendment Whether a drug value "expert" contravenes the Confrontation Clause and Smith v. Arizona, 602 U.S. 779 (2024), when her testimony about the value of dr…
25-5173 Douglas Dean Welsh v. Bobbi Salamon, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2025-07-22 Denied IFP confrontation-clause constitutional-violation cross-examination due-process ineffective-assistance search-warrant A. DID THE DISTRICT COURT ERROR IN RULING THAT PETITIONER'S FOURTEENTH AMENDMENT RIGHT TO DUE PROCESS, AND SIXTH AMENDMENT RIGHT TO CONFRONTATION WAS…
25-5171 Reginald Hitchcock v. United States Sixth Circuit 2025-07-22 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidentiary-hearing hearsay-evidence sixth-amendment 1. whether The Person's Who Supplied The Hearsay Statement That Amounted to Probable Cause En A Affidavit ov Search Warrant Need To Be Reliable © 2. …
25-5095 Patrick D. Reed v. George A. Fredrick, Warden Sixth Circuit 2025-07-14 Denied Response WaivedIFP circuit-split confrontation-clause criminal-procedure due-process habeas-corpus out-of-court-statements Whether, as three circuits hold in conflict with the Sixth Circuit, clearly established law prohibits an officer's testimony about an absent declarant…
25-5075 Mark Jabben v. Texas Texas 2025-07-10 Denied IFP character-evidence confrontation-clause due-process expert-testimony sixth-amendment trial-procedure 1. Should the Court of Criminal Appeal's overturn the verdict because there was insufficent evidence of culpability ? 2. Did the State Court violate…
24-7285 Kirk Powell v. Louisiana Louisiana 2025-05-23 Denied Response WaivedIFP co-defendant-statements confrontation-clause due-process fifth-amendment misjoinder sixth-amendment 1. Where the trial of eleven counts of a fourteen count indictment against five defendants was based on circumstantial evidence, requiring over twenty…
24-7252 Issa L. Lamizana, Jr. v. Louisiana Louisiana 2025-05-20 Denied Response RequestedResponse WaivedRelisted (6)IFP confrontation-clause due-process fourteenth-amendment jury-verdict ramos-unanimity sixth-amendment 1. In a challeng e under Ramos v. Louisiana 590 U.S. 83, 140 S. Ct. 1390, 206 L. Ed. 2d 583 (2020), where the record is silent as to the votes on the …
24-1159 Jeffrey Clyde Pitts v. Mississippi Mississippi 2025-05-13 Judgment Issued Response RequestedResponse WaivedRelisted (8) child-witness confrontation-clause constitutional-rights courtroom-screening criminal-procedure trial-procedure Whether the Confrontation Clause permits the use of a screen at trial that blocks a child witness's view of the defendant, without any individualized …
24-7139 David Little v. Georgia Georgia 2025-05-06 Denied IFP confrontation-clause criminal-procedure cross-examination due-process hearsay sixth-amendment A Whether the Trial Court violated Sixth Amendment Right to Confrontation by Admitting the deceased Neg wiehad" diary— Which Contained testimonial Sta…
24-7129 Frank John Richard v. O'Bell T. Winn, Warden, et al. Sixth Circuit 2025-05-02 Denied Response WaivedIFP civil-procedure confrontation-clause equal-protection fourteenth-amendment initial-disclosure pro-se-litigant 1. ) Does Fed. R. Civ. P. Rule 26 (a)(1)( B)(iv.) deny Initial Disclosure to incarcerated, pro se litigants, simply because they are not represented b…
24-7054 Oscar J. Martinez-Hernandez v. United States First Circuit 2025-04-22 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split confrontation-clause due-process federal-rules-of-evidence hearsay-evidence sixth-amendment I. WHETHER ADMISSION OF UNCORROBORATED HEARSAY UNDER FEDERAL RULE OF EVIDENCE 801(D)(2)(E), WITHOUT INDEPENDENT PROOF OF A CONSPIRACY OR EXTRINSIC COR…
24-1082 Aghee William Smith, II v. United States Fourth Circuit 2025-04-16 Denied Response RequestedResponse WaivedRelisted (2) confrontation-clause constitutional-law criminal-procedure due-process trial-rights witness-unavailability The courts are split on a critical question: Whether a living witness can be "unavailable" under the Confrontation Clause if the government has made n…
24-7000 Avery B. Crawford v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-04-15 Denied IFP certificate-of-appealability confrontation-clause due-process fifth-circuit habeas-corpus self-representation Whether the Fifth Circuit failed or abandoned it's Constitutional duty to review Mr. Crawford's Certificate of Appea ;ability (COA) process, because h…
24-6990 Abdul Kilgore v. United States Sixth Circuit 2025-04-15 Denied Response WaivedIFP confrontation-clause hearsay-evidence procedural-reasonableness sentencing sixth-amendment supervised-release 1. Whether the district court's reliance on hearsay evidence, including a complaining witness's video statement and photographic evidence, in a superv…
24-6950 Daontae T. Scott v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2025-04-09 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process habeas-corpus ineffective-assistance sixth-amendment (1) DOES TRIAL COUNSEL'S FAILURE TO INVESTIGATE, PROCURE EXCULPATORY EVIDENCE (SECURITY CAMERA FOOTAGE), OTHER INFORMATION FROM THE LOCATION CRIME SCE…
24-985 Ohio v. Garry Smith Ohio 2025-03-14 Denied Amici (2)Response RequestedResponse WaivedRelisted (3) confrontation-clause criminal-procedure due-process emergency-doctrine hearsay-exception testimonial-statements Because the Confrontation Clause affords criminal defendants the right during trial "to be confronted with the witnesses against " them , is the initi…
24-937 Miguel Adan Cayetano v. Texas Texas 2025-03-03 Denied confrontation-clause constitutional-violations due-process fraud-on-court prosecutorial-misconduct supreme-court-authority 1. Since the District Attorney/State orchestrated fraud with (4) four witnesses assuring the Elements of the Crime were buttressed so that the jury wo…
24-6643 Mark Douglas Huber v. Randy Valley, Warden Ninth Circuit 2025-02-25 Denied Response WaivedIFP certificate-of-appealability confrontation-clause constitutional-rights due-process habeas-corpus ineffective-counsel Whether the Court of Appeals egregiously misapplied this Court's standard for issuing a certificate of appealability in the face of a substantial show…
24-6641 Chad Adam Cheever v. Oregon Oregon 2025-02-25 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process fair-trial law-enforcement-misconduct 1. Does holding a position with the local executive branch of government , be it, prosecutors, detectives, or sheriff automatically give them permis…
24-6626 Stanford Wall v. United States Ninth Circuit 2025-02-24 Denied Response WaivedIFP confrontation-clause constitutional-law criminal-procedure cross-examination evidence-law witness-credibility Whether, consistent with the Confrontation Clause, courts must apply a presumption favoring cross-examination of a government witness's general charac…
24-6469 Ramien Collins v. United States Eighth Circuit 2025-02-04 Denied Response WaivedIFP appellate-review confrontation-clause criminal-procedure due-process right-to-counsel sixth-amendment Did the appellate commit reversible err denying Petitioner's direct appeal on the issue where the district court allowed the admission of chemical ana…
24-6460 Jonathan Mason v. United States Seventh Circuit 2025-02-03 Denied Response WaivedIFP bias-testimony confrontation-clause role-facilitation sentencing-hearing sixth-amendment witness-testimony Can a bias witness testimony, made during a bench trial in an unrelated case be admitted for its truth at Petitioner's sentencing hearing, to support…
24-6422 In Re Terry Lee Jackson, Sr. 2025-01-29 Denied IFP access-to-courts confrontation-clause constitutional-rights federal-defender habeas-corpus writ-of-certiorari Was Petitioner denied his constitutional right of access to the courts where the federal defender refused to file or assist in the filing of a Petitio…
24-6389 Kalontae Carter, aka Kelontae Carter v. Doug Luneke, Warden Sixth Circuit 2025-01-24 Denied IFP accomplice-testimony confrontation-clause criminal-procedure out-of-court-statements sixth-amendment testimonial-statements I. Whether the Confrontation Clause of the Sixth Amendment prohibits the introduction and use of statements made by a non-testifying accomplice which …
24-6379 Lamar Reese v. Ohio Ohio 2025-01-24 Denied Response WaivedIFP confrontation-clause constitutional-review due-process evidence-admissibility polygraph-evidence scientific-evidence itie Cause Involves cl SubstartlaJ Const ?tust,ona. I guest ?o n pursuant to Article Wi, Section Cl (8)( jz)£cl)(j') °ftbe °h?o Constltu-hlon, omd fun…
24A713 Matthew Lee Flowers v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-01-22 Presumed Complete confrontation-clause constitutional-rights criminal-procedure ineffective-assistance sixth-amendment trial-counsel Question not identified.
24-6300 Pablo Gutierrez v. Florida Florida 2025-01-14 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause criminal-procedure due-process fourteenth-amendment interpreter-rights sixth-amendment The trial court recognized Mr. Gutierrez only spoke Spanish and appointed an interpreter for him —but the interpreter was prohibited from translating …
24-6201 Christopher Jeorge Millican v. United States Ninth Circuit 2024-12-26 Denied Response WaivedIFP confrontation-clause criminal-procedure hearsay search-warrant sixth-amendment testimonial-evidence Whether the Confrontation Clause allows the admission at trial—without confrontation of the declarant—of documents created in response to a search war…
24-6194 Donald E. Deardorff v. Terry Raybon, Warden Eleventh Circuit 2024-12-26 Denied IFP capital-murder circumstantial-evidence confrontation-clause habeas-corpus ineffective-assistance strickland-standard Either Donald Deardorff or Millard Peacock committed capital murder by killing Ted Turner while robbing, burgling, and kidnapping him—the other was gu…
24A608 Miguel Adan Cayetano v. Texas Texas 2024-12-19 Presumed Complete confrontation-clause due-process fourteenth-amendment medical-evidence prosecutorial-misconduct sixth-amendment Question not identified.
24-6101 Halim Khan v. United States Ninth Circuit 2024-12-10 Denied Response WaivedIFP confrontation-clause criminal-prosecution due-process interpreter-testimony sixth-amendment testimonial-statements Whether translated out-of-court testimonial statements may be admitted by the Government as evidence against a defendant without providing the defenda…
24-5921 Christopher Koteras v. Daniel Akers, Warden Sixth Circuit 2024-11-06 Denied Response WaivedIFP confrontation-clause criminal-procedure evidentiary-hearing judicial-discretion sixth-amendment witness-communication When the interaction between the Prosecution's Victim's Advocate and a testifying witness has been determined by the trial court to have enhanced the …
24-5913 Lili Zhang Tydingco v. United States Ninth Circuit 2024-11-05 Denied Response RequestedResponse WaivedRelisted (2)IFP alien-harboring-act confrontation-clause constitutional-interpretation criminal-prosecution cross-examination testimonial-statements 1. Whether translated out-of-court testimonial statements may be admitted by the Government as evidence against a defendant without providing the defe…
24-5824 Oscar Alvarado v. Ken Hollibaugh, Superintendent, State Correctional Institution at Somerset, et al. Third Circuit 2024-10-25 Denied IFP certificate-of-appealability confrontation-clause harmless-error ineffective-counsel rule-60b1 sixth-amendment DID THE COURT OF APPEALS COMMIT LEGAL ERROR IN DENYING PETITIONER'S CERTIFICATE OF APPEALABILITY STATING THAT NO JURIST OF REASON WOULD NOT DEBATE THE…
24-5635 Kim Bowers v. Payson City, Utah Utah 2024-09-25 Denied Relisted (2)IFP confrontation-clause criminal-procedure defendant-presence due-process sixth-amendment trial-rights Question not identified.
24-330 Cid C. Franklin v. New York New York 2024-09-24 Denied Amici (1)Response RequestedResponse WaivedRelisted (9) bail-report confrontation-clause criminal-procedure cross-examination sixth-amendment testimonial-statements 1. Whether the Sixth Amendment's Confrontation Clause applies to out-of-court statements admitted as evidence against criminal defendants if, and only…
24-5608 Jason Smith v. United States Seventh Circuit 2024-09-23 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause constitutional-rights criminal-procedure recognizance-forfeiture sixth-amendment supervised-release Historical documents showing that the Framers would have understood the jury right to apply to forfeitures of recognizance, a proceeding similar to re…
24-5589 In Re Joseph G. Aulisio 2024-09-20 Denied IFP cause-and-prejudice confrontation-clause due-process eighth-amendment false-testimony prosecutorial-misconduct 1. Is it Prosecutorial Misconduct and Complicity in Perjury when a Prosecutor Concedes during closing argument.a; critical material witnesses testim…
24A276 Manuel Enrique Yates v. United States Second Circuit 2024-09-18 Presumed Complete confrontation-clause fourth-amendment pro-se search-and-seizure sixth-amendment venue (1) The confrontation clause under the Sixth Amendment of the United States Constitution; (2) Venue also listed under the Sixth Amendment of the Unit…
24-5544 Evan Wald v. New York New York 2024-09-13 Denied Response RequestedResponse WaivedRelisted (2)IFP autopsy-report confrontation-clause crawford-standard criminal-procedure homicide-investigation testimonial-evidence Whether a certified autopsy report—created as part of a homicide investigation and asserting that the cause of death was homicide—is "testimonial" und…
24-5534 Anthony Wayne Hawkins v. United States Fourth Circuit 2024-09-12 Denied Response WaivedIFP confrontation-clause cooperating-witness due-process law-enforcement-database pretextual-stop witness-bias (1) Whether and to what extent the Confrontation Clause of the 6th Amendment should contain the right to address the amount of a benefit that a co-ope…
24-271 Jerry Arnold Westrom v. Minnesota Minnesota 2024-09-10 Denied Response Waived confrontation-clause effective-assistance-of-counsel fourth-amendment reasonable-expectation-of-privacy shed-dna sixth-amendment A. Whether society is prepared to recognize a reasonable expectation of privacy under the Fourth Amendment in an individual's shed DNA, as evidenced b…
24-5440 Edward Moses, Jr. v. Louisiana Office of Disciplinary Counsel Louisiana 2024-09-04 Denied Relisted (2)IFP attorney-discipline confrontation-clause due-process judicial-procedure legal-ethics professional-misconduct Is "Emperor Moses " the real party in interest entitled to an injunction barring the state officials from operating within the Atakapa Indian Nation1.…
24-5430 Christopher J. Thorpe v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-08-30 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process habeas-corpus sexual-battery sixth-amendment Whether – pursuant to this Court's holding in Hemphill v. New York, 595 U.S. 140 (2022) – the Petitioner's constitutional right of confrontation was v…
24-5411 Mario Chavez v. Carlos Lazarin, Warden, et al. Tenth Circuit 2024-08-28 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process hearsay-evidence sixth-amendment CWc\ dee^ved \V ^nx.&£M *Vo " Woo/e, W avooVWercicty (Mx{ ^Ejcjt\ V ^©V\ wJdt gk (xw^reWstve <taW-XA\'cyv. oV'WW aac>uac\\ , ydW^A- vV dW'f (AAdvA.^…
24A193 Eloy Heraclio Alcala v. Texas Texas 2024-08-22 Presumed Complete confrontation-clause criminal-procedure cross-examination exclusionary-rule motion-to-suppress sixth-amendment Question not identified.
24-5320 Ahkemon J. Bardell v. Louisiana Louisiana 2024-08-14 Denied IFP confrontation-clause constitutional-rights criminal-defense due-process fourteenth-amendment trial-procedure I. WAS THE LOUISIANA SUPREME COURT IN ERROR, FOR FAILING TO CORRECT THE APPELLATE COURTS FAILURE TO CORRECT A CONFRONTATIONAL VIOLATION THAT TRANSPIRE…
24A172 Evan Wald v. New York New York 2024-08-13 Presumed Complete autopsy-report confrontation-clause criminal-evidence cross-examination sixth-amendment testimonial-hearsay Whether an autopsy report created in conjunction with a homicide investigation and finding the cause of death to be a homicide is "testimonial" under …
24-5216 Ricky Mendoza v. William Sullivan, Warden Ninth Circuit 2024-08-02 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process habeas-corpus habeas-relief harmless-error sixth-amendment witness-testimony Whether the Ninth Circuit erred in denying habeas relief on petitioner's claim that the state trial court deprived him of his Sixth Amendment right to…
24-121 John Won v. United States Second Circuit 2024-08-02 Denied Amici (1) confrontation-clause constitutional-procedure criminal-procedure criminal-trial due-process evidence exceptional-circumstances interest-of-justice sixth-amendment two-way-video video-testimony Whether the Confrontation Clause contains an exception that permits the government to present testimony at a criminal trial by two-way video so long a…
24-5118 Jared Holton Seavey v. Texas Texas 2024-07-19 GVR Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause criminal-procedure due-process expert-testimony medical-examiner precedent remand sixth-amendment I. Where the State used a surrogate medical examiner to opine as to the cause of death in a murder trial, should the Court GVR this matter in light of…
24-5111 Amadi Sosa v. Massachusetts Massachusetts 2024-07-18 Denied Response WaivedIFP burden-of-proof confrontation-clause constructive-malice cross-examination due-process felony-murder perjury-protocol sixth-amendment winship-fact 1. In a joint trial on a joint venture murder charge, the trial judge implemented a state protocol that enabled one co-defendant to give perjured test…
24-5086 Isaias Delgado v. United States Ninth Circuit 2024-07-16 Denied Response WaivedIFP confrontation-clause constitutional-rights due-process fair-trial federal-law federal-sentencing ineffective-assistance ineffective-assistance-of-counsel self-incrimination I. Whether The Government Violated Mr. Delgado's Right to Due Process and a Fair Trial by Withholding Evidence? II. Whether The Improper Admission of…
24A38 Cid C. Franklin v. New York New York 2024-07-12 Presumed Complete bail-hearing confrontation-clause criminal-procedure evidence-admission sixth-amendment testimonial-statement 1. This case raises the fundamental question of when a statement is "testimonial" and thus subject to the Sixth Amendment's Confrontation Clause. See …
24-5055 Tre'veon Demarcus Anderson v. Louisiana Louisiana 2024-07-11 Denied Response WaivedIFP confrontation-clause constitutional-rights douglas-v-alabama due-process fifth-amendment prosecutorial-misconduct self-incrimination sixth-amendment sixth-and-fourteenth-amendments The State knew Mr. Lawrence Guydel l Pierre, an admi tted pri ncipal to Ms. Chateri Payne's murder and an al leged co-conspi rator, woul d invoke hi s…
24-23 Michael Bassem Rimlawi v. United States Fifth Circuit 2024-07-09 Denied Response RequestedResponse WaivedRelisted (5) certiorari confrontation-clause constitutional-error error-based-approach guilt-based-approach harmless-error sixth-amendment I. On the important question of how courts are to decide whether constitutional error is harmless, this Court has, since 1967, given inconsistent and …
24-5029 Jurgen Marku v. Florida Florida 2024-07-09 Denied Response WaivedIFP Bruton-v-United-States Codefendant confrontation-clause criminal-prosecution Cross-Examination Due-Process felony-murder fourteenth-amendment Guilty-Plea sixth-amendment Whether it is a violation of a criminal defendant's Confrontation Clause and Due Process Clause rights to allow the prosecution to inform the jury tha…
24-5004 Joshua Mounts v. Ohio Ohio 2024-07-03 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process expert-testimony expert-witnesses nazi-comparison personal-attacks prosecutorial-misconduct Whether violations of the United States Constitution occur where defense experts are not allowed to respond to criticism of their expert reports and w…
23-7848 In Re Lyle R. Harrison 2024-07-02 Dismissed IFP civil-rights confrontation-clause constitutional-rights criminal-procedure due-process inheritance-rights judicial-misconduct police-reports probate-law speedy-trial 1. Whether due process allows the Denial of all Unredacted Police Reports by; Judge Richard L. Broch, Judge Jeremy J. Richey, Prosecutor Luke McNeill,…
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…
23-7782 Jake Paul Heiney v. Heidi E. Washington Sixth Circuit 2024-06-24 Denied Response WaivedIFP brady-violations certificate-of-appealability confrontation-clause cross-examination-limitations expert-witness habeas-corpus ineffective-assistance-of-counsel sufficiency-of-evidence 1. To convict, the statute required the medical provider to be engaging in "sexual contact " which was "medically recognized as unethical or unaccepta…
23-7774 Pablo Santana Arellano v. United States Fifth Circuit 2024-06-21 Denied IFP co-conspirator-testimony co-conspirators confrontation-clause confrontation-rights criminal-procedure sentencing-agreements sixth-amendment witness-bias Whether, under the Sixth Amendment to the United State Constitution, defendants may be prohibited from asking cooperating witnesses, and former co-con…
23-7711 Philong Nghia Huynh v. J. Lizarraga Ninth Circuit 2024-06-13 Denied Response WaivedIFP confrontation-clause criminal-procedure criminal-trial forensic-nurse sixth-amendment surrogate-nurse surrogate-testimony testimonial-statements testimony Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a surrogate nurse conveyin…
23-7717 Ledra A. Craig v. United States Eighth Circuit 2024-06-13 Denied Response WaivedIFP compulsory-process confrontation-clause constitutional-rights criminal-conviction criminal-procedure criminal-procedure-rights cross-examination due-process right-to-counsel right-to-cross-examine 1. Can a Defendawts Conwetion be Sustained and impermissiby Prediedted on a defendants Uncorroborated statements ta Laterragition oF Ficers. * oes th…
23-1287 Ian Brenner v. Randy Irwin, Superintendent, State Correctional Institution at Forest, et al. Third Circuit 2024-06-10 Denied Response Waived certificate-of-appealability civil-procedure confrontation-clause consent due-process ineffective-assistance jurisdiction magistrate magistrate-jurisdiction standing strickland-standard surrogate-expert a. Whether denial of a Certificate of Appealability is proper when the magistrate judge who entered judgment lacked jurisdiction because the Petitione…
23-7665 Kenneth Oteng Duodu v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2024-06-07 Denied Relisted (2)IFP article-vi confrontation-clause constitutional-rights consular-notification criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus international-obligations vienna-convention Question not identified.
23-7672 Andrew Culler v. Ohio Ohio 2024-06-07 Denied IFP confrontation-clause due-process medical-examination sexual-assault sixth-amendment testimonial-hearsay victim-statements The admission of testimonial hearsay violates the Sixth Amendment's Confrontation Clause. In this case, the medical/sexual assault nurse's examination…
23-7592 Ynedra Diggs v. United States Fifth Circuit 2024-05-30 Denied Response WaivedIFP bruton-rule bruton-v-united-states co-defendant-statements confrontation-clause constitutional-rights criminal-procedure fifth-amendment fifth-circuit testimonial-evidence testimonial-statements unavailable-witnesses WAS MS. DIGGS'S CONSTITUTIONAL RIGHT TO CONFRONTATION VIOLATED WHEN THE DISTRICT COURT ADMITTED RECORDED STATEMENTS OF UNAVAILABLE CODEFENDANTS INTO E…
23A1069 Michael Bassem Rimlawi v. United States Fifth Circuit 2024-05-30 Presumed Complete bruton-rule codefendant-statement confrontation-clause constitutional-error harmless-error sixth-amendment Question not identified.
23-1249 Timothy Patrick Guilfoy v. Brandon Watwood, Warden Sixth Circuit 2024-05-29 Denied Response Waived confrontation-clause criminal-procedure due-process fair-trial habeas-corpus jury-misconduct right-to-confront testimonial-evidence After a first trial resulted in a hung jury, Petitioner was retried and ultimately convicted of sexual assault. Suspecting foul play during trial, def…
23-7545 Bobby Tatum v. Darren Galloway, Warden Seventh Circuit 2024-05-22 Denied Response WaivedIFP actual-innocence child-victim-testimony civil-rights confrontation-clause criminal-procedure due-process evidence-admissibility habeas-corpus ineffective-assistance-of-counsel video-evidence 1) Whether it's Proper For the District court to Tawed and Cove ANd CaiWote-to Growed Pex Alors 40 Goppgrts Me Chem & GAC Facroul Lonocences and déry …
23-1181 Gail M. Ritchey v. Ohio Ohio 2024-05-01 Denied Amici (1) autopsy-report confrontation-clause criminal-investigation criminal-procedure evidence hearsay-evidence medical-examiner medical-examiner-testimony sixth-amendment Does the admission of an autopsy report and testimony from a doctor who neither participated in the autopsy nor prepared the report violate the Sixth …
23A972 Benjamin Biancofiori v. United States Seventh Circuit 2024-05-01 Presumed Complete confrontation-clause criminal-procedure evidence-admissibility hearsay-exception sex-trafficking sixth-amendment Question not identified.
23-7326 Erik Johnson v. Patrick Griffin Second Circuit 2024-04-29 Denied Response WaivedIFP civil-procedure confrontation-clause criminal-procedure due-process evidence hearsay hearsay-evidence missing-witness missing-witness-instruction testimonial-statement Whether the admission into evidence, through the testimony of decedent's 10-year-old daughter, of hearsay statements allegedly made by the decedent to…
23A936 Antoine D. Craig v. Illinois Illinois 2024-04-18 Presumed Complete business-records cell-phone-records confrontation-clause due-process evidence-authentication murder-trial Question not identified.
23-1091 Call-A-Head Portable Toilets, Inc., et al. v. New York State Department of Environmental Conservation, et al. New York 2024-04-08 Denied Response Waived administrative-law administrative-proceeding confrontation-clause criminal-procedure due-process evidence sixth-amendment witness-testimony Do the accused in State administrative proceedings have a Sixth Amendment right to confront and cross-examine witnesses whose written testimony serves…
23-7150 Elana Gordon v. Massachusetts Massachusetts 2024-04-05 GVR Response RequestedResponse WaivedRelisted (4)IFP confrontation-clause criminal-procedure criminal-trial expert-testimony expert-witness forensic-evidence forensic-testimony right-to-counsel sixth-amendment trial-counsel 1. Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute forensic e…
23-7089 Steven L. Lewis v. Mississippi Mississippi 2024-03-27 Denied Response WaivedIFP confrontation-clause constitutional-law criminal-procedure double-jeopardy due-process improper-venue mistrial retrial speedy-trial venue *Whether the Constitution Permits the retrial of a defendant following a trial in an in Pro Per venue Whether the Constitution Permits the retrial of…
23-7078 Jeffery Wayne Taylor v. United States Eighth Circuit 2024-03-26 Denied Response WaivedIFP confrontation-clause criminal-procedure criminal-trial cross-examination due-process evidence first-step-act out-of-court-statements sixth-amendment I. IS IT A VIOLATION OF THE CONFRONTATION CLAUSE WHEN EXERCISING OUT'S RIGHT TO TRIAL, THAT AN OUT-OF-COURT STATEMENT CONNECTING THE DEFENDANT DIRECTL…
23-7025 Stevie Wyre v. Texas Texas 2024-03-19 Denied IFP appellate-review confrontation-clause constitutional-violation due-process habeas-corpus ineffective-assistance-of-counsel judicial-procedure record-examination right-to-counsel standard-of-review state-court >), \be p>wjo4a\ c^uesViOk , u^oeVoe^ %xe 3tote>' defied &ppe\\ftd VixS ~T)ue ^V\2.oc£SS > Vv5bao iV p^£Sso\ed ^s\g ao, rftxsYeftdi'o^ 4e^Vi*Y)0O{j …
23-6952 Frantz Brifil v. Florida Florida 2024-03-11 Denied Response WaivedIFP confrontation-clause constitutional-law crawford-v-washington criminal-procedure due-process evidence evidence-law hearsay out-of-court-statements sixth-amendment witness-testimony WHETHER THE STATE COURT VIOLATED THE MANDATE OF CRAWFORD AND PROGENY BY INTRODUCING A NON TESTIFYING WITNESS'S OUT-OF-COURT STATEMENTS?
23-6956 David Wilbanks v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-03-11 Denied IFP collateral-order-doctrine confrontation-clause constitutional-interpretation criminal-sentencing due-process final-judgment fourteenth-amendment judicial-review jurisdiction sixth-amendment statutory-construction Wwl £x/er Wt CJ3A CctrViflca^€_ .cf . ciO{)ta\a\jo\\A^ ] uoVxoa TdWr r i cA <d\ud^»£_ l&LKeA do or cdejnM o (jOA \a -VW AoA&me\/d vind^r fed. 12.. H …
23-6887 Brenda B. v. Tennessee Department of Children's Services Tennessee 2024-03-04 Denied Response WaivedIFP 6th-amendment confrontation-clause confrontation-rights criminal-procedure due-process evidence evidence-credibility hearsay-rules witness-credibility witness-testimony *Tb \ not have (X nc\v\V to Confront a\\ alltcjfd voi+ness? • v^o \ not have a rio^t Vo ut o\\ alleged axdwee? •D«\V I hcux, a dtjVfr to Q full and Pa…
23A794 Gail M. Ritchey v. Ohio Ohio 2024-02-27 Presumed Complete confrontation-clause constitutional-criminal-procedure coroner's-report evidence-admissibility hearsay sixth-amendment Question not identified.
23-6795 Gregory Taylor v. United States Sixth Circuit 2024-02-21 Denied Relisted (2)IFP confrontation-clause criminal-procedure evidence expert-testimony hearsay laboratory-evidence laboratory-tests sixth-amendment Whether the Confrontation Clause of the Sixth Amendment is satisfied when an expert witness provides opinion testimony that is based on data from labo…
23-6756 Kenneth J. Coleman v. United States Fifth Circuit 2024-02-15 Denied Response WaivedIFP competency-hearing confrontation-clause criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel mental-competency pate-v-robinson plea-agreement 1). Is the petitioner constitutionally entitled to a hearing upon the issue of his competency to stand trial. Was the petitioner tried, convicted and…
23-6763 Armani L. Moore v. Illinois Illinois 2024-02-15 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure evidence evidence-law memory-loss sixth-amendment testimonial-hearsay unavailable-witness witness-unavailability Whether a declarant is "unavailable to testify" for purposes of the Sixth Amendment, and as that phrase is used in Crawford v. Washington, 541 U.S. 36…
23-6741 Gerardo Ortiz v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2024-02-13 Denied Response WaivedIFP confrontation-clause due-process fair-trial fundamental-fairness habeas-corpus prosecutorial-misconduct right-to-confront witness-testimony The prosecutor wrongly informed the complaining witness, Monica Doe, that she had a right to refuse to testify. At trial, she exercised that purported…
23-6711 Ronnie Collins, Jr. v. United States Fifth Circuit 2024-02-09 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process evidence harmful-error harmless-error witness-testimony Whether the limits placed on Collins's right to cross-examine the central witness against him constituted harmful error.
23-855 Richard Abbott v. Supreme Court of Delaware, et al. Delaware 2024-02-08 Denied Response RequestedResponse WaivedRelisted (2) 6th-amendment civil-rights confrontation-clause disbarment due-process equal-protection first-amendment free-speech pro-se professional-licensure I. Whether a person proceeding Pro Se in defending a confidential professional licensure disbarment proceeding is vested with full 1st Amendment Right…
23-6659 Edward Logan v. Illinois Illinois 2024-02-02 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process equal-protection pre-trial-detention sixth-amendment speedy-trial statutory-interpretation Wow con a Gioke enack and use an Ack, that by 45 oon Vagu ness, Com tae Werpretated te deny . Any. Criminal defendant the vight te.a spealy triol unde…
23-6618 Mabior M. Mabior v. Nebraska Nebraska 2024-01-30 Denied Response WaivedIFP appellate-review confrontation-clause cross-examination hearsay hearsay-exception ineffective-assistance sixth-amendment testimonial-statement testimonial-statements 1) Is a defendant's right to confrontation under the Sixth Amendment violated when testimonial statements are admitted for the truth of the matters as…
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 …
23-820 Ohio v. William Johnson Ohio 2024-01-30 Denied Amici (2)Response RequestedRelisted (2) 911-recording confrontation-clause domestic-violence excited-utterance hearsay non-testimonial ongoing-emergency sixth-amendment When viewed objectively, were the statements describing the fresh incident of domestic violence in the 911 recording non-testimonial?
23-6559 Marcus Johnson v. Randy Irwin, Superintendent, State Correctional Institution at Forest, et al. Third Circuit 2024-01-24 Denied Response WaivedRelisted (2)IFP appellate-deference confrontation-clause due-process expert-testimony expert-witness judicial-review prejudice prejudice-standard self-defense sixth-amendment testimonial-statements 1. Did the Third Circuit err in deferring to the District Court's finding that Mr. Johnson suffered no prejudice from the Confrontation violation that…
23-793 Isidro Javier Armenta v. California California 2024-01-24 Denied 14th-amendment 5th-amendment 6th-amendment automated-enforcement automated-traffic-enforcement confrontation-clause due-process equal-protection fourth-amendment sixth-amendment 1. Whether the Sixth Amendment Confrontation Clause holding in Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009) extends to automated traffic enforc…
23A672 Samuel Fields v. Scott Jordan, Warden Sixth Circuit 2024-01-22 Presumed Complete confrontation-clause constitutional-violation extrinsic-evidence habeas-relief jury-deliberation sixth-amendment Question not identified.
23-6474 Courtney Rose Desjarlais v. United States Eighth Circuit 2024-01-12 Denied Response WaivedIFP confrontation-clause cross-examination due-process hearsay hearsay-evidence sentencing-enhancement sixth-amendment I. Under the Sixth Amendment of the United States Constitution, a defendant in a criminal case has the right to confront adverse witnesses against her…
23-6475 Darrius Decnan Redd v. United States Eighth Circuit 2024-01-12 Denied Response WaivedIFP confrontation-clause credibility cross-examination due-process evidence-exclusion fair-trial prosecutorial-misconduct sex-trafficking i. In this case alleging sex trafficking by force, fraud, or coercion, whether the district court violated the Defendant's Due Process and Confrontati…
23-6479 Sterling H. Roberts v. United States Sixth Circuit 2024-01-12 Denied Response WaivedIFP confrontation-clause criminal-procedure declarant-unavailability forfeiture-by-wrongdoing mixed-motives primary-purpose sixth-amendment unavailability In Giles v. California, 554 U.S. 353, 128 S. Ct. 2678, 171 L. Ed. 2d 488 (2008), this Court recognized the common law exception to the Confrontation C…
23-6447 Samuel Sherman v. United States Eighth Circuit 2024-01-10 Denied Response WaivedIFP confrontation-clause confrontation-right criminal-joinder criminal-procedure prejudice prejudicial-error rule-14 rule-14-procedure sixth-amendment zafiro-precedent zafiro-v-united-states Whether the lower courts misapplie d this Court's holding in Zafiro v. Unit ed States, 506 U.S. 534, 113 S.Ct. 933 (1993), and the require ments of Ru…
23-6420 Orlando S. Burgos v. Martin Gamboa, Warden Ninth Circuit 2024-01-05 Denied Response WaivedIFP bias confrontation-clause criminal-procedure cross-examination habeas-corpus harmless-error motive-to-lie sole-evidence witness-bias Petitioner Orlando Burgos was deprived of his Confrontation Clause right to cross-examine his accuser—the key prosecution witness—that he received a b…
23-6343 Patrick Bowie v. Mark Miller, Superintendent, Green Haven Correctional Facility Second Circuit 2023-12-26 Denied Response WaivedIFP authentication confrontation-clause crawford-v-washington criminal-procedure due-process evidence-authentication hearsay ineffective-assistance ineffective-assistance-of-counsel strickland-v-washington 1. Is the right to confrontation violated when inculpatory letters, turned over to the People by a non-testifying witness, admitted into evidence wit…
23-6350 Brady Franklin v. Illinois Illinois 2023-12-26 Denied Response WaivedIFP confrontation-clause craig-precedent crawford-precedent crawford-v-washington intellectual-disability maryland-v-craig public-policy sixth-amendment witness-testimony After Crawford, is the balancing test created by Craig still good law, and if so, does extending its exemption for children from physical, face-to-fac…
23-6251 Jonathan Rodriguez v. United States Fifth Circuit 2023-12-13 Denied Response WaivedIFP acquitted-conduct confrontation-clause due-process fifth-amendment preponderance-of-evidence sentencing sentencing-standard sixth-amendment suppression-motion I. Whether the use of a preponderance of the evidence standard at sentencing violated Rodriguez's Fifth Amendment and Sixth Amendment rights? II. Whe…
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…
23-582 Rollo A. Barker, aka Rollo Narker v. New Jersey New Jersey 2023-11-30 Denied Response RequestedResponse WaivedRelisted (2) 6th-amendment chain-of-custody confrontation-clause criminal-evidence evidence forensic-analysis lab-analysis lab-testimony melendez-diaz melendez-diaz-precedent sixth-amendment Does testimony from a lab analyst who did not perform the actual testing on Defendant's seized (alleged) contraband that was analyzed by a State Polic…
23-6072 James Richards v. United States Eighth Circuit 2023-11-21 Denied Response WaivedIFP confrontation-clause constitutional-rights crawford-v-washington crawford-violation criminal-procedure evidence ineffective-assistance ineffective-assistance-of-counsel sixth-amendment testimonial-evidence this Court review the Betitioner's Trial Court Transcript Record on April 21, 2021, and all appeals. Counsel Arkie Byrd was so ineffective for failing…
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…
23-505 Garrett A. Arrowood v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-11-14 Denied Response Waived appeals appellate-procedure certificate-of-appealability confrontation-clause crawford-violation criminal-procedure due-process evidence federal-law habeas-corpus hearsay-evidence I. WHETHER THE RECORD SUPPORTS THE COURT'S CONCLUSION THAT THE STATE COURT HEARING REGARDING THE INADMISSIBLE HEARSAY (CRAWFORD VIOLATION) DID NOT VIO…
23-5976 Brian Heath Davis v. Randy Gibbs, Warden, et al. Eighth Circuit 2023-11-08 Denied Response WaivedIFP autopsy autopsy-report confrontation-clause criminal-procedure effective-assistance expert-testimony reasonable-doubt sixth-amendment Akin to Justice Sotomayor's Bullcoming v. New Mexico, 564 U.S. 647, 672-74 (2011) scenario; To what extent are Sixth Amendment guarantees of Confronta…
23-5969 Semaan Makdissi v. Florida Florida 2023-11-07 Denied Response WaivedRelisted (2)IFP compulsory-process confrontation-clause criminal-procedure due-process evidence false-accusation fourteenth-amendment motive sixth-amendment Whether the Petitioner's Sixth and Fourteenth Amendment rights were violated when the trial court prohibited the defense from placing before the jury …
23-5971 Kevondric Fezia v. United States Fifth Circuit 2023-11-07 Denied Response WaivedIFP closing-arguments confrontation-clause criminal-procedure due-process hearsay jury non-testifying-witness prosecutorial-argument sixth-amendment witness-testimony Does the Confrontation Clause apply to statements made by a prosecutor during closing arguments that detail for the jury what a non-testifying witness…
23-5891 Luis Alonso Hidalgo, III v. Tim Garrett, Warden, et al. Ninth Circuit 2023-10-26 Denied Response WaivedRelisted (2)IFP confrontation-clause constitutional-rights criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel joinder joint-trial sixth-amendment 1. Did the Ninth Circuit err when Petitioner Hidalgo made a substantial showing of the denial of a constitutional right as to the failure of counsel t…
23A358 Ohio v. William Johnson Ohio 2023-10-20 Presumed Complete 911-call confrontation-clause domestic-violence emergency-exception hearsay-evidence testimonial-statement Question not identified.
23-5741 Hewitt A. Grant, II v. Ricky D. Dixon, Secretary, Florida Department of Corrections Florida 2023-10-10 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-rights confrontation-clause constitutional-law constitutional-rights criminal-procedure due-process federal-prosecution jurisdiction standing witness-testimony Question not identified.
23-5656 Stephen M. Cooke, Jr. v. Allen Gang, Warden, et al. Fourth Circuit 2023-09-27 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidence fourteenth-amendment involuntary-statements post-indictment-statements right-to-counsel sixth-amendment undercover-agent 1. Was Cooke's Sixth Amendment right to counsel violated when the state introduced at trial Cooke's post-indictment statements and actions that were i…
23-309 Michael Paul Nelson v. North Carolina North Carolina 2023-09-26 Denied Response Waived appellate-review civil-rights confrontation-clause criminal-procedure disability-rights due-process equal-access fundamental-rights reasonable-accommodation Does the Confrontation Clause of the 6th Amendment and/or the Due Process Clause of the 14th Amendment require a criminal court to modify its policies…
23-5616 Isaac Kipkurui Biegon v. United States Fifth Circuit 2023-09-20 Denied Response WaivedIFP accomplice-testimony confrontation-clause conspiracy-evidence conspiracy-hearsay corroboration corroboration-evidence criminal-procedure due-process hearsay jury-instructions sixth-amendment This petition seeks a review of a wrongful alleged conspiracy conviction. A. There are three foundational prerequisites which must be established to …
23-5594 Brim Bell v. New Hampshire New Hampshire 2023-09-15 Denied Response WaivedRelisted (2)IFP confrontation-clause constitutional-rights criminal-procedure due-process false-testimony ineffective-assistance-of-counsel judicial-bias prosecutorial-misconduct sixth-amendment trial-procedure warrantless-search 1. Whether trial-counsel erred by not filing a motion to quash the indictments, despite the overwhelming-evidence that proves the investigating offi…
23-5500 Le'Troy D. Merritt v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-09-01 Denied IFP confrontation-clause constitutional-law criminal-procedure due-process evidentiary-rules fair-trial federal-appeal habeas-corpus judicial-review procedural-due-process state-action Question not identified.
23-5459 Maurice Turner v. Administrator, New Jersey State Prison, et al. Third Circuit 2023-08-28 Denied Response WaivedIFP co-defendant co-defendant-statements confrontation-clause criminal-procedure douglas-v-alabama due-process harmless-error pretrial-statements sixth-amendment testimony WHETHER THE VIOLATION OF THE CONFRONTATION CLAUSE AS EXPLICATED IN DOUGLAS V. ALABAMA, 380 U.S. 415, 85 S.CT. 1074, 13 L.ED.2D 934 (1965) WAS HARMLESS…
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…
23-5454 Moses Crowe v. United States Eighth Circuit 2023-08-25 Denied IFP confrontation-clause confrontation-right criminal-procedure cross-examination drug-abuse due-process intoxication jury-unanimity methamphetamine witness-credibility 1. Whether Petitioner's constitutional right to confrontation was violated when, during his criminal jury trial, the district court restricted cross e…
23-5427 Ranson Long Pumpkin v. United States Eighth Circuit 2023-08-24 Denied IFP confrontation-clause credibility credibility-evidence criminal-procedure cross-examination drug-usage drug-use evidence sixth-amendment Whether Long Pumpkiw's right to confrontation was denied when the district court ruled that he could not cross-examine two important eye-witnesses "in…
23A160 Brian Williams, Warden, et al. v. Reynaldo Agavo Ninth Circuit 2023-08-22 Presumed Complete attorney-misconduct clearly-established-law confrontation-clause equitable-tolling habeas-corpus section-2254 1. This case raises important questions of federal law involving (1) principles of equitable tolling, and (2) application of this Court's jurisprudenc…
23-5310 Joseph Tyshawn Darren Favorite v. United States Sixth Circuit 2023-08-09 Denied Response RequestedResponse WaivedRelisted (3)IFP burden-of-proof confrontation-clause criminal-conduct criminal-procedure due-process evidentiary-standards judicial-discretion police-report sentencing-enhancement uncorroborated-accusation May the Court rely on an uncorroborated accusation of criminal conduct in a police report to enhance a defendant's sentence when the report is not par…
23-5315 Jesse Dean Redfearn v. Oklahoma Oklahoma 2023-08-09 Denied IFP 42-usc-1983 civil-rights compulsory-process confrontation-clause criminal-procedure due-process sixth-amendment witness-obstruction Did the trial court and/or the prosecution violate the Sixth (6th) Amendment, [confrontation clause], and clearly established law of the United States…
23-5305 John Vaughn v. Nebraska Nebraska 2023-08-08 Denied Response WaivedIFP automobile-exception commercial-trains confrontation-clause fourth-amendment plain-smell-exception probable-cause search-and-seizure sixth-amendment warrant-requirement 1) Does the automobile exception to the warrant requirement of the Fourth Amendment apply to commercial trains? 2) Is there a plain smell exception t…
23-91 Nolan Marcus Forness, II v. Virginia Virginia 2023-08-01 Denied Response Waived body-cameras compulsory-process confrontation-clause due-process evidence-preservation fifth-amendment fourteenth-amendment sixth-amendment Issue 1. Given the current extensive of use by law enforcement of modern technology such as automobile and body cameras, a defendant's right under the…
23-5238 John Edward Scott v. United States Fifth Circuit 2023-07-28 Denied Response WaivedIFP appellate-review burden-of-proof confrontation-clause confrontation-clause-jurisprudence federal-rules-of-evidence machine-generated-data machine-produced-data supreme-court-jurisprudence testimonial-evidence testimonial-statements Who has the burden to show that a report sought to be introduced includes "raw, machine produced data" and not testimonial statements triggering the C…
23-5203 Ronald Marion Carpenter v. Wisconsin Wisconsin 2023-07-26 Denied Response WaivedIFP confrontation-clause confrontation-rights credibility criminal-procedure due-process effective-assistance-of-counsel fair-trial ineffective-assistance-of-counsel mental-health-records THIS PETITION PRESENTS NOVEL QUESTIONS OF LAW, THE RESOLUTION OF WHICH WILL DEVELOP THE LAW AND HAVE NATIONWIDE IMPACT, WHILE ESTABLISHING A NEEDED AN…
23-5156 Markerrion D'Shon Allison v. Texas Texas 2023-07-24 Denied Response WaivedIFP confrontation-clause constitutional-error expert-testimony informant out-of-court-statement personal-knowledge testimonial-evidence witness-confrontation Whether a police officer's testimony relating an unidentified informant's outof-court statement regarding the meaning of the phrase "pulling a Carlos"…
23-5161 Derek M. Funk v. Oklahoma Oklahoma 2023-07-21 Denied IFP 14th-amendment 9th-amendment civil-rights confrontation-clause constitutional-challenge constitutional-law criminal-procedure due-process evidence-admissibility statute-interpretation statutory-interpretation Are Oklahoma statute(s) 21 O.S. § 1040.12(a), 21 O.S. 1040.8 (a), and 21 O.S. § 1024.1 in conformity with the United States Constitution, Amendment(s)…
23A37 Patrick Bowie v. William Lee, Superintendent, Greenhaven Correctional Facility Second Circuit 2023-07-14 Presumed Complete confrontation-clause crawford-v-washington fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment strickland-v-washington Question not identified.
23A27 Ranson Long Pumpkin v. United States Eighth Circuit 2023-07-13 Presumed Complete carjacking confrontation-clause crime-of-violence fair-trial firearm-discharge sixth-amendment Question not identified.
23A28 Moses Crowe v. United States Eighth Circuit 2023-07-12 Presumed Complete carjacking confrontation-clause eighth-circuit fair-trial firearm-possession sixth-amendment Question not identified.
23-5064 Joseph Chandler Davall v. Warren L. Montgomery, Warden Ninth Circuit 2023-07-10 Denied IFP child-custody confrontation-clause constitutional-provisions criminal-procedure custody-dispute due-process evidence hearsay judicial-procedure legal-jurisdiction statutory-interpretation Question not identified.
22-7846 Vance Collins v. United States Second Circuit 2023-06-22 Denied Response WaivedIFP bruton-v-united-states codefendant codefendant-statement confrontation-clause crawford-v-washington criminal-procedure hearsay out-of-court-statement sixth-amendment Whether a defendant's rights under the Confrontation Clause of the Sixth Amendment are violated by the admission of a non-testifying codefendant's out…
22-7793 Nedeltcho Vladimirov v. United States Fourth Circuit 2023-06-15 Denied Response WaivedIFP confrontation-clause covid-19-restrictions criminal-procedure due-process fair-trial less-restrictive-alternatives sixth-amendment speedy-trial witness-testimony Whether the Confrontation Clause of the Sixth Amendment is violated by requiring all trial witnesses to testify with masks that covered the majority o…
22-1203 Alan Patrick Fowler v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-06-13 Denied confrontation-clause confrontation-right constitutional-rights criminal-law criminal-sentencing due-process ineffective-assistance ineffective-assistance-of-counsel mens-rea mental-health sentencing specific-intent 1) Could reasonable jurists disagree on whether there is insufficient evidence of specific intent to commit murder where Fowler never shot at a person…
22-7744 Gregory Bartunek v. United States Eighth Circuit 2023-06-09 Denied Response WaivedIFP certificate-of-appealability confrontation-clause due-process habeas habeas-corpus ineffective-assistance-of-counsel sixth-amendment speedy-trial Did the Court of Appeals abuse its discretion, violationg Bartunek's due process rights, by failing to issue a Certificate of Appealability for consti…
22-7604 Harbans Singh v. United States Ninth Circuit 2023-05-19 Denied IFP confrontation-clause criminal-procedure due-process hearsay immigration interpreter-testimony sixth-amendment Whether an interpreter's hearsay statements are subject to Confrontation Clause analysis, particularly when the statements themselves constitute the c…
22-7575 Larry Edmond v. Tommy Williams, Warden Tenth Circuit 2023-05-16 Denied Response WaivedIFP civil-rights confrontation-clause constitutional-rights due-process impartial-jury ineffective-assistance jury-bias racial-bias racial-discrimination structural-error trial-court 1. Whether district court trial abuse its discretion and violated the defendant's constitutional right to an impartial jury when it refused to grant a…
22-7542 Wilber Curtis Johnson v. Texas Texas 2023-05-12 Denied IFP confrontation-clause constitutional-rights criminal-procedure due-process evidence federal-constitution sexual-assault texas-constitution trial-procedure witness-testimony Whether testimony can be sufficient to render harmless any error in admitting additional testimony in evidence, when trial counsel objected to testimo…
22-1097 Don Fitzgerald Hancock v. United States District of Columbia 2023-05-10 Denied Response Waived confrontation-clause due-process effective-assistance-of-counsel plain-error religious-freedom religious-garment sixth-amendment witness-testimony Petitioner was convicted of second degree murder based largely on the testimony of the sole witness to the killing, who placed Petitioner at the scene…
22-1068 Gary Paul Kirkman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-05-04 Denied certificate-of-appealability confrontation-clause crawford-v-washington criminal-procedure cross-examination due-process melendez-diaz-v-massachusetts sane-records sixth-amendment Whether the Fifth Circuit erred in denying Gary Paul Kirkman's request for a certificate of appealability (COA) when it concluded that he had not made…
22-1075 James E. Hinkle v. Ron Neal, Warden Seventh Circuit 2023-05-04 Denied Response Waived 6th-amendment confrontation-clause criminal-procedure due-process evidence federal-precedent impeachment impeachment-evidence witness-testimony 1. Whether The United States Court of Appeals for the Seventh Circuit's decision was contrary to federal precedent when it held that Hinkle's federal …
22-7400 Maurice Morrison v. Massachusetts Massachusetts 2023-04-28 Denied Response WaivedIFP confrontation-clause confrontation-rights criminal-procedure due-process evidence fourteenth-amendment judicial-protection jury-deliberations jury-trial sixth-amendment trial-evidence A person accused of a crime is entitled to have his guilt or innocence determined solely on the basis of evidence introduced at trial. Taylor v. Kentu…
22-7343 William Levi Oliver v. Texas Texas 2023-04-21 Denied IFP 6th-amendment confrontation-clause criminal-procedure due-process evidence expert-testimony ineffective-assistance trauma-narrative videoconference-testimony witness 1 (a) Whether it is a violation of the Confrontation Clause to dispense with physical/ face-to-face confrontation and permit out-of-state testimony vi…
22-7317 Rosa V. v. Ali H. California 2023-04-19 Denied IFP child-abuse civil-rights confrontation-clause criminal-procedure due-process evidence evidence-law hearsay-exception medical-records out-of-court-statements sixth-amendment In Our "ShorvG4u* l'tFyMW(ii)Oo5*r'i T prt-sented TVi* .Mtentit- OMvfMd (Vib/^ i/USdod-iau Of pecenis iflfoEi/itUnck- jwtyii, yw+U diSisq^kTH c..!,:^ …
22-7271 Gregg Haden v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-04-13 Denied IFP 14th-amendment 6th-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure due-process fourteenth-amendment judicial-review supreme-court-precedent texas-procedure ynoc^dut*. FaII ,'fcj Ut-jDer TU< 4 CRuTny Of Ttl<. Bull Com', -^TAA/ cIario AM) Vio IA Ti'hQ TH< FT/J hmtksOmcnT THAT iS To STATcS THROUGH Ttt& IHm…
22-7222 Ray Dansby v. Dexter Payne, Director, Arkansas Division of Correction Eighth Circuit 2023-04-05 Denied IFP bias confrontation-clause criminal-procedure cross-examination due-process informant jailhouse-informant witness-impeachment To secure Ray Dansby's conviction and death sentence, the State relied heavily on the testimony of a jailhouse informant to whom Dansby purportedly co…
22-7103 George Lincoln Stanley, IV v. United States Fourth Circuit 2023-03-24 Denied Response WaivedIFP 28-usc-1291 confrontation-clause criminal-procedure hearsay-testimony ineffective-assistance-of-counsel ineffective-counsel jurisdiction kidnapping kidnapping-charges sixth-amendment sufficiency-of-evidence The following questions are exceptional circumstances that warrants the exercise of the court's discretionafcyvpowers and adequate relief cannot be ob…
22-7075 Dennis Morgan Hicks v. Alabama Alabama 2023-03-22 Denied IFP child-witnesses confrontation-clause crawford-v-washington criminal-defendant hearsay prior-statements sixth-amendment testimonial-statements witness-testimony 1. Whether a criminal defendant is deprived of his Sixth Amendment right to confront witnesses against him, as set forth in Crawford v. Washington and…
22-7026 Erin F. Graham, Jr. v. United States Seventh Circuit 2023-03-17 Denied Response WaivedIFP co-defendant confrontation-clause criminal-offense criminal-procedure domestic-incident hearsay hearsay-statements law-enforcement ongoing-criminal-offense 1) Whether the introduction of a co-defendant's inculpatory hearsay statements about her alleged co-conspirator, made to law enforcement following a d…
22-899 Jason Smith v. Arizona Arizona 2023-03-16 Judgment Issued Amici (10)Response RequestedResponse WaivedRelisted (2) 6th-amendment confrontation-clause criminal-procedure criminal-trial expert-testimony forensic-analysis sixth-amendment subpoena testimonial-evidence Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute expert convey…
22-885 South Carolina v. Angela D. Brewer South Carolina 2023-03-15 Denied confrontation-clause crawford-v-washington criminal-procedure expert-testimony forensic-evidence forensic-pathology melendez-diaz-v-massachusetts ohio-v-clark sixth-amendment testimonial-evidence testimonial-statements Whether lab results requested not by law enforcement but by a forensic pathologist to assist in making a routine cause of death determination are test…
22-6985 Lisa Bergman v. Jeremy Howard, Warden Sixth Circuit 2023-03-10 Denied Response WaivedIFP confrontation-clause constitutional-right criminal-defendant criminal-procedure due-process expert-testimony expert-witness prosecution-evidence right-to-counsel scientific-evidence scientific-expert Whether the Due Process Clause requires an impoverished criminal defendant to be appointed a scientific expert that is essential to confront scientifi…
22-844 Hamid Akhavan and Ruben Weigand v. United States Second Circuit 2023-03-06 Denied confrontation-clause criminal-procedure cross-examination exceptional-circumstances remote-testimony sixth-amendment trial-procedure Whether the Confrontation Clause of the Sixth Amendment is violated by denying a criminal defendant the right to cross-examine a key prosecution witne…
22-6920 Ogerta Helena Hartwein v. Missouri Missouri 2023-03-03 Denied IFP civil-rights confrontation-clause criminal-procedure custody domestic-violence due-process forfeiture forfeiture-by-wrongdoing intent witness-testimony Pre. urstodys, Somedute sheuated on We 20\& order, The Gimina® Ur Way aod Noring tap Wer Son ¥o Fates on Quar lb) old, per The 2OIA order The, Missour…
22-6861 Jairo Francisco Solano v. Texas Texas 2023-02-24 Denied IFP 6th-amendment appellate-review confrontation-clause criminal-procedure defendant-objection due-process evidence evidence-admission hearsay judicial-procedure trial-court-error DID THE TRIAL COURT ERRED BY ADMITTING HEARSAY TESTIMONY OVER THE OBJECTION OF MR. SOLANO? WAS THIS EVIDENCE ADMITTED IN VIOLATION OF THE CONFRONTATI…
22-6828 Luis Espinoza v. Tammy Foss, Warden Ninth Circuit 2023-02-22 Denied Response WaivedIFP 14th-amendment 6th-amendment confrontation-clause criminal-procedure due-process fourteenth-amendment jury-instructions prosecutorial-misconduct sixth-amendment witness-testimony Were Mr. Espinoza's Sixth and Fourteenth Amendment rights violated by: (1) the jury's viewing a witness's refusal to testify; (2) the prosecutor askin…
22-6561 Telly Hankton v. United States Fifth Circuit 2023-01-18 Denied Response WaivedIFP confrontation-clause conspiracy-liability criminal-procedure federal-circuit-courts forfeiture-by-wrongdoing sixth-amendment standard-of-proof testimonial-statements By what standard of proof does the Sixth Amendment permit the admission at trial of prior testimonial statements under the forfeiture by wrongdoing ex…
22-6563 Jaquain Young v. United States Ninth Circuit 2023-01-18 Denied Response WaivedIFP complete-defense confrontation-clause constitutional-rights criminal-procedure due-process evidence evidence-admissibility federal-rules-of-evidence judicial-discretion right-to-present-defense severance witness-recantation 1. Shortly after the murder of Jelvon Helton, which petitioner was convicted of, witness Tierra Lewis went to the police, circled codefendant Esau Fer…
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…
22-6462 Jerome K. Ta'afulisia v. Washington Washington 2023-01-05 Denied Response WaivedIFP confrontation-clause crawford-v-washington evidence-creation law-enforcement-solicitation michigan-v-bryant ohio-v-clark police-investigation primary-purpose-test sixth-amendment testimonial-statement Is a statement testimonial for purposes of the Confrontation Clause of the Sixth Amendment when the speaker talks with a trusted family member who is …
22-6465 Jess Richard Smith v. Washington Washington 2023-01-05 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process federal-law jurisdiction post-conviction state-court stay witness-testimony AjW A Uer -xUe. csAA^- c<pop4" -£ L^u3 uMzr -\Ue~ Ao<2__ ^roeeSLS ' Clause- c& AUg- LaA-VA S\a\-<^s C^ l\sVA o-VA( s-i\ as V° l-5 AAAs r0 (^por-WA--…
22-6427 Denver Sangster v. United States Third Circuit 2022-12-30 Denied Response WaivedIFP brady-vs-maryland confidential-informant confrontation-clause criminal-procedure good-faith-exception probable-cause search-and-seizure search-warrant There has been more than enough cases in the last few decades, where search warrants that lack probable cause has been accepted by all the lower Unite…
22-6437 Alan Singleton v. Tom Watson, Warden Sixth Circuit 2022-12-30 Denied Response WaivedIFP burden-of-proof confrontation-clause criminal-procedure due-process fair-trial hearsay hearsay-testimony ineffective-assistance right-to-counsel Did counsel provide ineffective assistance? Did the prosecution's use of the word "uncontroverted" place the burden of proof on the defendant, thereb…
22-6414 Keith Antonio Barnett v. United States Fourth Circuit 2022-12-29 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process hearsay hearsay-testimony jury-instruction theory-of-defense WHETHER THE CONFRONTATION CLAUSE WAS VIOLATED WHEN PROSECUTORS RELIED, EXCLUSIVELY, ON HEARSAY TESTIMONY TO CONVICT THE PETITIONER? WHETHER THE PET…
22-6401 William Clyde Culberson, Jr. v. Texas Texas 2022-12-28 Denied IFP 6th-amendment confrontation-clause crawford-vs-washington criminal-procedure due-process evidence evidence-law medical-records sixth-amendment testimonial-evidence IS MEDICAL RECORDS CONSIDERED AS CONFRONTATION CLAUSE COVERED UNDER CRAWFORD VS. WASHINGTONA.
22-6356 Tyler Nees v. Oregon Oregon 2022-12-20 Denied Response WaivedIFP confrontation-clause cross-examination due-process evidence federal-review habeas-corpus hearsay independent-state-ground procedural-default sixth-amendment state-court Question not identified.
22-6331 Lance Green v. United States Third Circuit 2022-12-19 Denied Response WaivedIFP 6th-amendment 6th-amendment-confrontation confrontation-clause daubert dna-evidence due-process firearm-possession sixth-amendment speedy-trial-act 1. Should the Supreme Court grant certiorari to consider whether Green's Sixth Amendment right of confrontation was violated by the procedures utilize…
22-6292 Ryan L. Bessert v. Wisconsin Wisconsin 2022-12-13 Denied Response WaivedIFP 6th-amendment confrontation-clause constitutional-interpretation crawford-precedent crawford-v-washington criminal-procedure due-process maryland-v-craig ohio-v-roberts two-way-video witness-testimony Our constitution codifies the ancient right of confronting one's accuser. Relying on Ohio v. Roberts, this Court has held a procedure which eliminates…
22-6293 Dkyle Jamal Bridges v. United States Third Circuit 2022-12-13 Denied Response WaivedIFP 4th-amendment automobile-exception confrontation-clause confrontation-right fourth-amendment franks-hearing plain-view sentencing-factors sex-trafficking testimonial-hearsay 1. Did the automobile exception to the Fourth Amendment justify the warrantless search of Petitioner's vehicle, which had in plain view only innocuous…
22-511 Thomas Dixon v. Texas Texas 2022-12-02 Denied Response RequestedRelisted (2) confrontation-clause constitutional-error courtroom-closure crawford-doctrine crawford-v-washington due-process hearsay-confession hearsay-exception hemphill-v-new-york recantations sufficiency-of-the-evidence QUESTION ONE: Should Crawford be a one-way street? Contrary to Hemphill v. New York, __ U.S. __, 142 S. Ct. 681, 692-93, 211 L.Ed.2d 534 (2022), the t…
22-6154 In Re Lyle R. Harrison 2022-11-28 Denied IFP 14th-amendment civil-rights confrontation-clause due-process illinois-supreme-court judge judicial-misconduct police-reports prosecutor speedy-trial 1. Whether due process allows the Denial of Speedy Trial by; Prosecutor Charles Zalar, Illinois Attorney Kwame Raoul, Judge Richard L. Broch, Judge …
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…
22-488 Darrell Hemphill v. New York New York 2022-11-22 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) appeal confrontation-clause constitutional-error criminal-procedure due-process evidence evidentiary-ruling harmless-error judicial-review out-of-court-statement supreme-court-precedent Whether the improper admission of the out-of-court statement by the alternative suspect in Hemphill v. New York, 142 S. Ct. 681 (2022), was "so unimpo…
22-6124 Jason Baxter v. Harold D. Graham, Superintendent, Auburn Correctional Facility Second Circuit 2022-11-21 Denied Response WaivedIFP compulsory-process confrontation-clause criminal-procedure due-process right-to-counsel right-to-public-trial WHY WAS BAXTER DENIED THE DUE PROCESS OF LAW BY WAY OF BEING TRIED IN ABSENTIA AT TRIAL? WHY DID THE JUDICIAL SPILLOVER EFFECT OF BEING RE-INCARCERAT…
22-6077 William Donnell, III v. Eddie Caley, Warden, et al. Tenth Circuit 2022-11-16 Denied IFP confrontation-clause constitutional-rights criminal-procedure due-process extrinsic-evidence impeachment lead-detective right-to-present-defense trial-court-error trial-error witness-impeachment 1. Did the trial court, by prohibiting me from impeaching the lead detective with extrinsic evidence specifically contradicting his testimony on direc…
22-450 Gregory Shields, Sr. v. Kentucky Kentucky 2022-11-15 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) confrontation-clause constitutional-standard crawford-v-washington cross-examination due-process preliminary-hearing state-court-division state-court-split witness-testimony When, if ever, does a preliminary hearing provide an "adequate opportunity" for cross-examination under the Confrontation Clause?
22-441 Rony Galicia v. Maryland Maryland 2022-11-10 Denied Response Waived abuse-of-discretion accomplice-confession appellate-review confrontation-clause cross-examination double-murder sixth-amendment standard-of-review This case presents the following questions: 1. Whether the Sixth Amendment is violated by a trial court's denial of cross-examination into an accompl…
22-6009 David Matthew Carter v. South Carolina South Carolina 2022-11-07 Denied IFP civil-procedure confrontation-clause courtroom-removal Crawford-v-Washington criminal-procedure due-process Maryland-v-Craig sixth-amendment trial-rights witness-testimony Did the trial Court commit reversable error by removing Petitioner from the courtroom and forcing him to watch his trial via closed circuit monitoring…
22-5986 Raymond Howard v. United States Third Circuit 2022-11-03 Denied Response WaivedIFP 6th-amendment confrontation-clause criminal-procedure due-process expert-witness late-notice Whether the District Court's decision to allow the testimony of the Government's key expert witness over the Petitioner's objection based on late noti…
22-5926 Charles Chitat Ng v. California California 2022-10-27 Denied IFP confrontation-clause due-process extradition-hearing fifth-amendment fourteenth-amendment self-representation sixth-amendment stun-belt I. WAS PETITIONER DEPRIVED OF DUE PROCESS AND HIS RIGHT OF SELF REPRESENTATION UNDER THE FIFTH, SIXTH, AND FOURTEENTH AMENDMENTS BY THE TRIAL COURT'S …
22-5841 Harry Sharod James v. United States Fourth Circuit 2022-10-14 Denied Response WaivedIFP civil-procedure commerce-clause confrontation-clause constitutional-authority district-court filing-fee judicial-tax procedural-discretion standing subject-matter-jurisdiction UNITED STATES DISTRICT COURT OFNORTH CAROLINA " EASTERN DISTRICT" abuse its discretion by not establishing subject Matter Juris diction, once it was c…
22-5842 Lex Lugard Eugene v. Florida Florida 2022-10-14 Denied Response WaivedIFP confrontation-clause criminal-sentencing first-amendment fourteenth-amendment habitual-felony-offender-statute sixth-amendment unsubstantiated-allegations I. WHETHER UNSUBSTANTIATED ALLEGATIONS OF MISCONDUCT INTRODUCED IN A CRIMINAL SENTENCING PROCEEDING VIOLATES THE FIRST AND FOURTEENTH AMENDMENTS TO …
22-5731 Jonathan D. Carr v. Kansas Kansas 2022-10-03 Denied IFP capital-trial confrontation-clause criminal-procedure eligibility-phase selection-phase sentencing-phase sixth-amendment witness-confrontation Whether the Sixth Amendment's Confrontation Clause secures an accused's right to confront witnesses against him throughout the sentencing phase of a c…
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…
22-5588 John Wakefield v. New York New York 2022-09-15 Denied Relisted (2)IFP artificial-intelligence confrontation-clause due-process expert-testimony forensic-evidence probabilistic-genotyping sixth-amendment source-code Does the Confrontation Clause of the Sixth Amendment to the United States Constitution require the disclosure of the source code of an artificial inte…
22-5577 Marvin Davis v. Kevin Genovese, Warden Sixth Circuit 2022-09-13 Denied Response WaivedIFP child-interview child-witness confrontation-clause constitutional-challenge criminal-procedure due-process effective-assistance-counsel forensic-interviewer hearsay hearsay-statements sixth-amendment statutory-interpretation (1) WHETHER THE TRIAL COURT ERRED IN ALLOWING THE CHILD VIDEO INTERVIEW AND WHETHER T.C.A. SECTION 24-7-123 IS [UNCONSTITUTIONAL? (2) WHETHER THE PET…
22-5579 William Baham v. Tim Hooper, Warden Fifth Circuit 2022-09-13 Denied Response WaivedIFP 14th-amendment civil-rights confrontation-clause constitutional-rights due-process equal-protection fourteenth-amendment ineffective-assistance state-action supremacy-clause Whether the 14% Amendment, imposes upon the States of Louisiana the obligation to refrain from systemic, purposeful deprivations of substantive federa…
22-5550 Corey Bailey v. United States Sixth Circuit 2022-09-12 Denied Response WaivedIFP aiding-and-abetting confrontation-clause confrontation-rights fair-trial jury-impartiality racketeering-enterprise rico-conspiracy vicar-convictions warrant-exception I. A. Did the government prove beyond a reasonable doubt the existence of a racketeering enterprise, a necessary element for all of the charges, when …
22-5520 Anthony Sims, Jr. v. New Jersey New Jersey 2022-09-07 Denied IFP confrontation-clause criminal-trial cross-examination hearsay hearsay-statement memory-loss pre-trial-hearing sixth-amendment testimonial-evidence The Confrontation Clause bars testimonial hearsay when the defendant has not had the opportunity for cross-examination. At Mr. Sims' trial for attempt…
22-196 Adam Samia, aka Sal, aka Adam Samic v. United States Second Circuit 2022-09-01 Judgment Issued Amici (7) codefendant-confession confrontation-clause constitutional-rights criminal-procedure due-process evidence out-of-court-statement redaction sixth-amendment Whether admitting a codefendant's redacted out-of-court confession that immediately inculpates a defendant based on the surrounding context violates t…
22-5469 Jeffrey Beard, II v. United States Eleventh Circuit 2022-08-31 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination hearsay hearsay-evidence obstruction-of-justice sentencing sentencing-guidelines sixth-amendment The Sixth Amendment of the U.S. Constitution requires that the accused "shall enjoy the right ... to be confronted with the witnesses against him." Th…
22-5471 Tremain Lamar Braxton, Timothy Roy Mason, and Darrell Lee-Lamont Summers, II v. United States Sixth Circuit 2022-08-30 Denied Response WaivedIFP confrontation-clause confrontation-rights criminal-sexual-conduct criminal-trial cross-examination evidence-exclusion incentive-to-testify sixth-amendment witness-credibility Whether a defendant's Sixth Amendment confrontation rights are violated when a trial court bars all cross-examination about events that concededly too…
22-5426 Joseph Antonetti v. Timothy Filson, Warden, et al. Ninth Circuit 2022-08-23 Denied IFP autopsy-report certificate-of-appealability confrontation-clause crawford-precedent crawford-v-washington criminal-procedure ineffective-assistance ineffective-assistance-of-counsel medical-examiner Did the courts below err in denying a Certificate of Appealability to review the holdings of the district court and the Nevada Supreme Court that Mr. …
22-155 Hiral M. Patel v. Connecticut Connecticut 2022-08-18 Denied Response Waived bourjaily-v-united-states confrontation-clause confrontation-rights crawford-v-washington criminal-procedure davis-v-washington due-process dutton-v-evans evidence-admission michigan-v-bryant penal-interest testimonial-statement Whether a statement against penal interest— e made by an inmate/declarant who was moved into the cell of an inmate/informant, who was then outfitted …
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…
22-5350 Randolph J. Norwood v. Florida Florida 2022-08-16 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process evidence fatal-variance trial-integrity victim-identification witness-testimony Can a State charge a defendant with committing a crime against a specific individual and at trial present a completely different individual as the all…
22-139 Sari Alqsous v. United States Sixth Circuit 2022-08-15 Denied Response Waived charge-conference confrontation-clause criminal-procedure due-process hobbs-act mens-rea public-official sentencing sixth-circuit Whether the Sixth Circuit erred in analyzing ruling that Petitioner was not entitled to be present during the Charge Conference under Fed. R. Crim. P.…
22-5331 Mark Anthony Williams v. Michigan Michigan 2022-08-10 Denied IFP confrontation-clause criminal-sexual-conduct cross-examination cumulative-error due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sentencing-guidelines sixth-amendment I. THE EVIDENCE PRESENTED AT TRIAL WAS INSUFFICIENT TO SUPPORT THE CONVICTION OF CSC 1st DEGREE WHERE THERE WAS NO PROOF OF PENETRATION AS REQUIRED BY…
22-5261 Yusuf O. Bush v. David J. Ebbert District of Columbia 2022-08-08 Denied Response WaivedIFP civil-rights confrontation-clause constitutional-rights criminal-procedure due-process eighth-amendment federal-courts habeas-corpus standing statutory-interpretation 3., Do&S "fye Aw£i>PA 6-f N/ibloAe- 4*V\C Ce>n5454i£>in 0-f 4~ln£- l)n\4ed Skk^ i5^ a/\J 6^&wevoJoi-evv4- 'J Sp^C\§i c\\j fV^£, Ist Ostno^.^ ime/it Ju…
22-5271 Jose Erbo, aka Tito, aka Pinguita, aka Miguel Garcia v. United States Second Circuit 2022-08-03 Denied Response WaivedIFP 6th-amendment autopsy-reports confrontation-clause due-process legal-conflict supreme-court-precedent supreme-court-precedents testimonial testimonial-evidence Whether Autopsy Reports Are Testimonial For Purposes Of The Confrontation Clause, And Whether The Unreasonable Application Of Clearly Established Su…
22-5247 Luckens Petit v. Florida Florida 2022-08-01 Denied Response WaivedIFP bond-hearing confrontation-clause constitutional-rights crawford-precedent crawford-v-washington criminal-procedure due-process evidence florida-arthur-bond-hearing sixth-amendment I. WHETHER THE FLORIDA ARTHURVBOND HEARING SATISFIES THE SIXTH AMENDMENT 'S CONFRONTATION CLAUSE REQUIREMENT AS EXPLAINED IN CRAWFORD V. WASHINGTON, 5…
22-5164 Oscar Lenton, Sr. v. Warden, FCI Edgefield Fourth Circuit 2022-07-22 Denied Response WaivedIFP brady-v-maryland brady-violation confrontation-clause due-process evidence-suppression exculpatory-evidence fair-trial government-misconduct habeas-corpus prosecutorial-misconduct sixth-amendment I. Whether ar noit the Agooals Court Tuliwg deprived patittonor oF his Tight under Braoly V. Maryland. Su pra.where tne Government had Violated is obl…
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 …
22-5046 James R. Butler v. Florida Florida 2022-07-07 Denied Response WaivedRelisted (2)IFP confrontation-clause constitutional-rights criminal-procedure due-process foreign-witness oath oath-validity witness-testimony QUESTION A: Is the oath of the State's witness invalid in a criminal proceeding when that witness testifying from a foreign country by video-satellite…
22-5027 Justin D. Bennett v. Texas Texas 2022-07-05 Denied IFP confrontation-clause constitutional-protections constitutional-review criminal-procedure due-process jackson-v-virginia out-of-court-statements sufficiency-of-evidence 1. Wheather the due process standard recognized in Jackson v. Virginia, 443 U.S. 307 (1979) constitutionally protects an accused against out-of-cour…
21-8262 Antonio Jones v. Frank Vanihel, Warden Seventh Circuit 2022-06-29 Denied Response WaivedIFP confrontation-clause cross-examination due-process fourteenth-amendment police-investigation right-to-present-defense sixth-amendment testimonial-evidence witness-credibility Whether the Sixth and Fourteenth Amendments, as constructed in Crawford v. Washington, 541 U.S. 36 (2004), Dutton v. Evans, 400 U.S. 74 (1970) and Bru…
21-8237 Odece Dempsean Hill v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2022-06-27 Denied Response WaivedIFP confrontation-clause crawford-precedent crawford-v-washington forensic-nurse-examiner melendez-diaz-v-massachusetts ninth-circuit sexual-assault sexual-assault-victim testimonial-statements Whether the Confrontation Clause permits the prosecution to introduce the testimonial statements of a non-testifying sexual assault victim lay witness…
21-8128 Duane Williams v. United States Fifth Circuit 2022-06-14 Denied Response WaivedIFP confrontation-clause confrontation-right criminal-procedure due-process evidentiary-standard mandatory-conditions revocation-hearing standard-conditions supervised-release witness-testimony Whether the district court erred by revoking Mr. Williams' supervised release status, and returning him to prison. This overall issue consists of the …
21-8139 Duenta Grier v. Georgia Georgia 2022-06-14 Denied Response WaivedIFP availability confrontation-clause constitutional-rights criminal-procedure cross-examination due-process government-agent minors testimonial-hearsay witness-availability Was the Confrontation Clause violated when the State presented testimonial hearsay consisting of out-of-court statements to a government agent alleged…
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…
21-7978 Patrick Clay Kunkel v. California California 2022-05-26 Denied IFP brady-violation confrontation-clause double-jeopardy due-process newly-discovered-evidence prosecutorial-misconduct sixth-amendment 1. Where petitioner received a conviction for premeditated attempted murder and attempted manslaughter of two individuals, were such that petitioner w…
21-7943 Anthony Gerald Wernsman v. Colorado Colorado 2022-05-23 Denied IFP colorado-courts confrontation-clause confrontation-rights criminal-procedure cross-examination due-process harmless-error self-incrimination witness-intoxication WHETHER THE COLORADO COURTS WRONGLY CONCLUDED THAT A DENIAL OF CROSS-EXAMINATION ON WITNESSES INTOXICATION DID NOT IMPLICATE PETITIONER 'S CONFRONTATI…
21-7854 Michael G. Peters v. David Hittner, Judge Fifth Circuit 2022-05-13 Dismissed IFP confrontation-clause criminal-procedure cross-examination hearsay sixth-amendment unavailability Question not identified.
21-7856 William Garrido v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-05-13 Denied IFP confrontation-clause constitutional-rights criminal-procedure due-process prosecutorial-conduct prosecutorial-misconduct read-back-testimony right-to-fair-trial witness-testimony 1. Whether a trial court violates a criminal defendant's constitutional right to due process of law by permitting a prosecutor to introduce previous u…
21-7869 Timothy Thibodeaux v. Tim Hooper, Warden Fifth Circuit 2022-05-13 Denied Response WaivedIFP confrontation-clause confrontation-right constitutional-rights criminal-procedure due-process evidence fourteenth-amendment pro-se-petition sixth-amendment 1: Reasonable Jurists would determined that Mr. Thibodeaux's conviction was obtained in violation of the Sixth and Fourteenth Amendments to the United…
21-7872 Steven Guardado v. Billy K. Sipe, Jr., et al. Arizona 2022-05-13 Denied Relisted (2)IFP compulsory-process confrontation-clause constitutional-rights criminal-procedure due-process federal-constitution federal-question judicial-remedy pandemic-court state-courts STEVEN GUARDADO FILED AN APPLICATION FOR A WRIT OF MANDAMUS IN THE SUPREME COURT OF ARIZONA REQUESTING AN ORDER TO THE STATE TRIAL COURT TO COMPLY WIT…
21-7827 Stephen Luis Haro v. United States Ninth Circuit 2022-05-10 Denied Response WaivedIFP confrontation-clause due-process evidence-rule fair-trial government-negligence material-witness sixth-amendment trial-court 1. Whether the trial court deprived Haro of his Sixth Amendment right to confrontation when it admitted at trial the unconfronted, out-of-court testim…
21-7698 Daniel Davis v. United States Fifth Circuit 2022-04-26 Denied Response WaivedIFP confrontation-clause correctional-officer evidence hearsay prison sixth-amendment 1) Was the Sixth Amendment guaranty of the right of confrontation denied by the trial introduction of a handwritten statement of a state prison correc…
21-7677 Kyle Maurice Parks v. United States Eighth Circuit 2022-04-21 Denied Response WaivedIFP confrontation-clause constitutional-violation criminal-conviction due-process fabricated-evidence fourth-amendment human-trafficking illegal-search probable-cause search-and-seizure warrant (1) Whether the district Court acted properly when it was denied 28 U.S.C. §2255 relief to the petitioner when evidence reveals law enforcement misco…
21-7610 Terry Smith v. Florida, et al. Florida 2022-04-14 Denied Response WaivedIFP autopsy autopsy-testimony confrontation-clause due-process evidence forensic-evidence hearsay medical-examiner sixth-amendment testimony 1. Does Florida's practice of allowing a medical examiner to testify to an autopsy he/she did not perform violate the Confrontation Clause when the me…
21-7618 Tony Gene Williams, Sr. v. Texas Texas 2022-04-13 Denied Relisted (2)IFP confrontation-clause due-process habeas-corpus hearsay-testimony insufficient-evidence jailhouse-snitch newly-discovered-evidence sixth-amendment WHETHER OR NOT JUDGE MCCLURE OF THE TEXAS COURT OF CRIMINAL APPEALS, AFTER EXAMINING PETITIONER'S APPEAL, ERRED WHEN HE DETERMINED HE WOULD GRANT P.D.…
21-7572 Rebekah Rachell Shropshire v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-04-07 Denied IFP compulsory-process confrontation-clause due-process effective-assistance-of-counsel fair-trial right-to-present-a-defense I would like to Know wohy am I incarcerated and denied reliet from the state of Texas for the violation of my Constitutional rights after cessive dela…
21-7567 Cornell Devore Rhymes v. United States Fourth Circuit 2022-04-06 Denied Response WaivedIFP 6th-amendment confrontation-clause constitutional-confrontation credibility criminal-defendant-rights evidence-rule-412 federal-rule-of-evidence-412 prior-sexual-history sex-trafficking witness-testimony Does a court violate a defendant's constitutional right to confront witnesses against him when, in a non-consensual sex trafficking case, the court re…
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.…
21-1291 Rodney Muschette v. United States Second Circuit 2022-03-24 Denied Response Waived 404(b)-evidence 5th-amendment circuit-split confrontation-clause due-process fifth-amendment fundamentally-unfair-trial hearsay-testimony sixth-amendment I. Was Mr. Muschette Denied his 5th Amendment Right to Due Process when Admission of 404(b) evidence in violation of the test set forth in this Court'…
21-1247 Karina Rafter v. Virginia Virginia 2022-03-15 Denied Response Waived bias confrontation-clause out-of-court-statements reliability sixth-amendment state-of-mind-exception unreliability Does the admission of out-of-court statements of a decedent, offered under the state-of-mind exception, violate the Confrontation Clause of the Sixth …
21-7370 Dante Leon Milon v. Tim Hooper, Warden Fifth Circuit 2022-03-15 Denied Response WaivedIFP confrontation-clause due-process fair-trial impartial-jury ineffective-counsel judicial-misconduct jury-misconduct mistrial recusal trial-errors witness-testimony I) If there is a critical discrepancy within the record Is die transcript complete? And a new trial; permitted? Pg 26 2. A witness allowed to give a…
21-7358 Joseph Elliott v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2022-03-14 Denied Response WaivedIFP capital-case certificate-of-appealability confrontation-clause ineffective-assistance jury-selection out-of-court-statements right-to-counsel strickland-standard strickland-v-washington trial-preparation 1. Whether, in accordance with Miller-El v. Cockrell, 537 U.S. 322, 327 (2003), Petitioner made a showing that reasonable jurists would debate whether…
21-7316 Richard Duerson v. United States Sixth Circuit 2022-03-08 Denied Response WaivedRelisted (2)IFP absent-witness confrontation-clause criminal-procedure due-process evidence-admission hearsay hearsay-testimony judicial-discretion judicial-proceedings just-conclusion officer-testimony OF THE CONFRONTATION CLAUSE?
21-7290 James L. Caudle v. Florida Florida 2022-03-07 Denied Response WaivedIFP confrontation-clause confrontation-rights constitutional-protections cruel-and-unusual-punishment due-process ex-parte-communication impartial-jury life-imprisonment presumption-of-innocence I. Whether the fight to due process of law has been denied by State courts allowing the State to evade addressing whether the right to confront the on…
21-7242 Michael Wayne Kelly v. Texas Texas 2022-03-01 Denied IFP appellate-review confrontation-clause confrontation-right criminal-defense evidence evidence-exclusion right-to-present-defense sixth-amendment trial-court-error witness-testimony Did ths Court of Appeals err when it held that the trial court didnot commit error in excluding evidence that deprived Petitioner of his Sixth Amendme…
21-7213 Kwasi McKinney v. Arkansas Arkansas 2022-02-25 Denied Response WaivedIFP appellate-jurisdiction compulsory-process confrontation-clause constitutional-rights criminal-procedure double-jeopardy due-process equal-protection postconviction-relief speedy-trial 1. WHEN DOES THE DIRECT APPEAL OF A JURY TRIAL CONVICTION OF SIX (6) DIFFERENT CRIMINAL OFFENSES AND SENTENCE BECOME FINAL? 2. IF A STATE TRIAL COURT…
21-7109 Jamie Mills v. John Q. Hamm, Commissioner, Alabama Department of Corrections Eleventh Circuit 2022-02-14 Denied IFP certificate-of-appealability confrontation-clause crawford-v-washington due-process forensic-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice Whether, given that the district court's agreement that Mr. Mills was denied the opportunity to confront the forensic analyst in this case, did Mr. Mi…
21-7051 Demarcus Antwon Chatmon v. Texas Texas 2022-02-03 Denied IFP body-camera body-camera-recording confrontation-clause criminal-procedure due-process hearsay hearsay-exception police-evidence primary-purpose testimonial-statement The Confrontation Clause grants defendants the right to confront witnesses against them. Here, the trial court overruled objections and allowed accusa…
21-7033 Oscar Alvarado v. Eric Tice, Superintendent, State Correctional Institution at Somerset, et al. Third Circuit 2022-02-01 Denied Response WaivedIFP appellate-review co-defendant-statement confrontation-clause harmless-error ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment sufficiency-of-evidence I. Whether the United States Court of Appeal's for the Third Circuit entered a decision in conflict with the decision of several other United States C…
21-6980 Michael R. Fowler v. Robert Fox, Warden Ninth Circuit 2022-01-27 Denied Response WaivedIFP civil-rights confrontation-clause criminal-procedure due-process evidence hearsay unconFrontedstatements Whather a victims to police wre admissible at trial onthe grounds of unavailability by forfeiture where no affirmcaused +he wi…
21-993 Willard Anthony v. Louisiana Louisiana 2022-01-12 Denied Response RequestedResponse WaivedRelisted (10) confrontation-clause confrontation-right due-process fair-trial harmless-error presumption-of-innocence prosecutorial-misconduct prosecutorial-testimony structural-error witness-credibility Whether the presumption of innocence, the right to confrontation, and the right to a fair trial permit a court to allow the grand jury prosecutor to t…
21-6721 Tyrone Anderson v. Delaware Delaware 2021-12-23 Denied IFP 14th-amendment 6th-amendment confrontation-clause due-process fair-trial hearsay ineffective-assistance ineffective-assistance-of-counsel post-conviction standard-of-review trial-counsel Does it Constitute Ineffective Assistance of Counsel to Fail to object to a statement From the state's Chief Witness who claimed that a Non-Testifying…
21-911 Dan V. Sharp v. United States Fifth Circuit 2021-12-21 Denied Response Waived confrontation-clause constructive-possession criminal-procedure double-jeopardy due-process firearms-offense ineffective-assistance joinder motion-to-suppress severance Whether the Court erred in failing to sever the counts by date. Whether the Court erred in requiring the Appellant to appear in shackles in front of …
21-6653 Urban Fermin v. Anthony J. Annucci, Acting Commissioner, New York Department of Corrections and Community Supervision Second Circuit 2021-12-17 Denied IFP business-records confrontation-clause criminal-procedure dna-evidence evidence hearsay hearsay-exception sixth-amendment Whether the business record exception to hearsay survives the United States Constitution's Sixth Amendment Confrontation Clause when the regularly con…
21-6635 Larry Alonzo Gibbs, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-12-16 Denied IFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process hearsay hearsay-evidence relevance reliability witness-testimony Does the State of Florida violate a defendant's right to confront witnesses when they allow the State to introduce evidence that a minor suffered from…
21-873 Damon Goodloe v. Christine Brannon, Warden Seventh Circuit 2021-12-14 Denied Response Waived confrontation-clause criminal-procedure custody due-process show-up show-up-identification sixth-amendment witness-testimony Whether the Confrontation Clause of the Sixth Amendment permits the prosecution to introduce statements elicited at a show-up conducted after the lone…
21-6374 Howard Paul Guidry v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-11-23 Denied IFP certificate-of-appealability confrontation-clause confrontation-rights exculpatory-evidence fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default racial-discrimination Whether the Fifth Circuit, in this appeal of the denial of a certificate of appealability, improperly addressed the merits of the habeas claims rather…
21-6375 Thomas Dudney v. Jeff Macomber, Warden Ninth Circuit 2021-11-22 Denied IFP certificate-of-appealability confrontation-clause due-process exculpatory-evidence hearsay-evidence ineffective-assistance ineffective-assistance-of-counsel perjury sixth-amendment Thomas Dudney's conviction when actually innocent highlights a national issue: the unacceptably high rate of such convictions, reflected in numerous e…
21-6163 Gerard M. Lynch 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 confrontation-clause confrontation-rights credibility-of-witnesses due-process hearsay-evidence occupational-debarment state-agency worker-rights The Respondent "Justice Center," a New York State agency, has a standard practice of routinely allowing uncorroborated hearsay evidence —for example, …
21-637 William Lee, Superintendent, Eastern Correctional Facility v. James Garlick Second Circuit 2021-11-01 Denied autopsy-report confrontation-clause deference habeas-corpus harmless-error testimonial 1. In granting habeas corpus relief to a state court prisoner, did the Second Circuit create a circuit split and deny the state court judgment the def…
21-6085 Robert George Knecht, Jr. v. Florida Department of Corrections, et al. Florida 2021-10-27 Denied IFP 1st-amendment 4th-amendment 5th-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure due-process first-amendment fourteenth-amendment standing Question not identified.
21-6098 Hector Enamorado, aka Vida Loca v. United States First Circuit 2021-10-27 Denied IFP bruton-doctrine bruton-v-united-states codefendant-confession confrontation-clause criminal-procedure evidence multi-defendant-trial multi-defendant-trials rico-conspiracy sixth-amendment Petitioner Hector Enamorado was convicte d on a single count of conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (RICO), …
21-618 Armand Jones v. Mississippi Mississippi 2021-10-27 Denied Response RequestedResponse WaivedRelisted (2) codefendant-conduct codefendant-liability confrontation-clause confrontation-right criminal-procedure forfeiture-by-wrongdoing sixth-amendment testimonial-evidence witness-unavailability Whether a defendant forfeits his Sixth Amendment right to confront a witness against him when the defendant did not engage in conduct designed to prev…
21-6081 Gerund Mickens, aka Breeze v. United States Second Circuit 2021-10-26 Denied Response WaivedIFP brady-disclosure brady-v-maryland confrontation-clause criminal-investigation due-process evidence-preservation fifth-amendment sixth-amendment Whether Brady v. Maryland, 373 U.S. 83 (1963), the due process clause of the Fifth Amendment, and the confrontation clause of the Sixth Amendment and …
21-6089 Edward N. Daniels v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2021-10-26 Denied Response WaivedIFP bruton-precedent bruton-v-united-states co-conspirator co-defendant confrontation-clause criminal-procedure cross-examination due-process evidence-admissibility precedent DID THE LOWER COURT ERR WHEN THEY REFUSED TO APPLY THIS COURT'S PRECEDENT IN BRUTON V. UNITED STATES, 391 U.S. 123 (1968) WHEN THE CO-CONSPIRATOR / C…
21-6053 Jimmie Barge v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-10-22 Denied Response WaivedIFP alleyne apprendi apprendi-violation certificate-of-appealability confrontation-clause due-process equal-protection fifth-amendment prison-releasee-reoffender sixth-amendment Is the Florida State trial court erring when sentencing Petitioner to minimum mandatory term of life in prison because the Prison Releasee Reoffender …
21-576 Benjamin Forrest Carter v. Virginia Virginia 2021-10-20 Denied Response Waived confrontation-clause constitutional-violation criminal-procedure hearsay hearsay-testimony judicial-error prior-testimony remedy sixth-amendment Whether the Supreme Court of Virginia erred in affirming the judgment of the Court of Appeals of Virginia, which affirmed the defendant's convictions …
21-6012 Michael Rimmer v. Tennessee Tennessee 2021-10-20 Denied IFP capital-trial confrontation-clause criminal-procedure double-jeopardy due-process fundamental-fairness prosecutorial-misconduct trial-fairness witness-unavailability 1. Whether the courts below erred by upholding the trial court's determination that the only witness to petitioner's purported jailhouse confession wa…
21-556 Alexander P. Bebris v. United States Seventh Circuit 2021-10-15 Denied Response Waived confrontation-clause constitutional-rights criminal-procedure evidentiary-hearing evidentiary-hearings pretrial-hearing pretrial-hearings sixth-amendment witness-credibility Does the Sixth Amendment and Confrontation Clause apply to all pretrial evidentiary hearings implicating the credibility of a witness?
21-5851 Daniel Bryan Kelly, Jr. v. California California 2021-10-04 Denied IFP child-witness confrontation-clause criminal-procedure due-process evidence fair-trial gang-related-crime ineffective-counsel trial-rights witness • WM UaSn4 x allowed 4o -fixce. mw accuser or cross- examine. Won a\ final ? * WhW cJoulclo4 /AW A\4omeV5/ MarK S-taPlefioo . Trai/i S S4roud and Ste…
21-5856 Raymond LeQuan Gibbs v. Neil McDowell, Warden Ninth Circuit 2021-10-04 Denied Response WaivedIFP bias confrontation-clause credibility criminal-trial cross-examination informant-testimony informant-witness sixth-amendment witness-credibility The Sixth Amendment's Confrontation Clause guarantees a criminal defendant a reasonable opportunity to cross-examine the witnesses against him. The br…
21-5830 Bradley David Johnson v. Stuart Sherman, Warden Ninth Circuit 2021-09-30 Denied IFP confrontation-clause crawford-v-washington criminal-procedure due-process evidence sixth-amendment Question not identified.
21-5807 Christian Estrada Comacho v. Nebraska Nebraska 2021-09-29 Denied Response WaivedIFP confrontation-clause covid-19 covid-19-exception criminal-procedure cross-examination due-process interpreter-testimony two-way-video video-testimony witness-demeanor witness-testimony 1. Did the district court err when it allowed testimony via two-way interactive video on foundational or "factual scenario" grounds over confrontati…
21-5729 Frank R. Stevenson v. New York New York 2021-09-22 Denied Response WaivedIFP appellate-review confrontation-clause due-process federal-law habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment state-court-appeals writ-of-error-coram-nobis Whether the New York Court of Appeals precedential case, on confrontation violation claims, is contrary to clearly established federal law, as establi…
21-5756 Gettus Leroy Mintz v. Arizona Arizona 2021-09-22 Denied IFP civil-rights confrontation-clause criminal-procedure dna-testing due-process equal-protection false-testimony forensic-evidence grand-jury sixth-amendment witness-testimony Question not identified.
21-5687 Darrell Hochhalter v. Jason Clendenion, Warden Sixth Circuit 2021-09-17 Denied Response WaivedIFP 14th-amendment confrontation-clause due-process false-evidence impeachment plain-error recent-fabrication witness-impeachment 1.) As some jurisdictions have rules regarding recent fabrication and others do not; does "recent fabrication " rise to the same significance as "fals…
21-5666 William Marcellus Campbell v. United States Eighth Circuit 2021-09-15 Denied IFP 6th-amendment abuse-of-discretion appellate-review confrontation-clause cooperating-witness criminal-procedure de-novo-review sentencing 1. There is a split in the federal courts of appeals and several state courts regarding the following question: Whether a Defendant's 6th Amendment Co…
21-5576 Victor Shawn Brown v. Debbie Asuncion, Warden Ninth Circuit 2021-09-03 Denied Response WaivedIFP compulsory-process confrontation-clause due-process fair-trial prosecutorial-misconduct witness-credibility cX w^pce^tr ^'o'T ^osiLOjVocs Vo VcV^ uOrWss.es WvocV -Wey CcecVWA'vVy ,t tUe^ cxWciC VW. ccecSvWvVtVv peVVicvv^r's t^VWvesses Vy cxAAI vnc^ -W-e*^ …
21-5504 Eric Worley v. United States Sixth Circuit 2021-08-26 Denied Response WaivedIFP base-offense-level burden-of-proof confrontation-clause criminal-procedure drug-quantity evidence preponderance-of-evidence presentence-report sentencing sentencing-guidelines The Appellant's Appeal was denied on June 1, 2021 by the Sixth Circuit Court of Appeals. In this case, the Appellant raised one (1) issue for determin…
21-5438 Noe Gerardo Morin v. Bobby Lumpkin. Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-08-20 Denied IFP brady-disclosure confrontation-clause crawford-standard crawford-v-washington fundamental-fairness hearsay hearsay-statement ineffective-counsel non-testimonial prejudice right-to-confront testimonial Mr.Morin alleges that the district court erred by mischaracterizing • statements from a non-testifying witness, resulting in severe prejudice agains…
21-5398 Scott Estes v. United States First Circuit 2021-08-17 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process emergency-call evidence hearsay-exception sixth-amendment testimonial-statements Did the United States Court of Appeals for the First Circuit fail to correctly apply the objective primary purpose test for testimonial statements mad…
21-5405 George A. Luna v. Anna Valentine, Warden Sixth Circuit 2021-08-17 Denied Response WaivedIFP civil-procedure civil-rights confrontation-clause domestic-violence due-process evidentiary-rule federal-jurisdiction forfeiture-by-wrongdoing hearsay-exception pleadings standing witness-unavailability Under Giles v., California can a State constitutionally introduce a murder victim's out. of court statements to others about defendant's abuse/ pursua…
21-210 Wisconsin v. Mark D. Jensen Wisconsin 2021-08-13 Denied Response RequestedResponse WaivedRelisted (6) confrontation-clause criminal-procedure domestic-abuse emergency-exception future-crime ongoing-emergency sixth-amendment testimonial-hearsay 1. Can a person's statement expressing fear about a possible future crime be testimonial under the Sixth Amendment's Confrontation Clause? 2. When a …
21-5362 Robert Lee Crawford v. United States Ninth Circuit 2021-08-13 Denied Response WaivedIFP confrontation-clause due-process fourth-amendment fourth-amendment-violation law-enforcement-misconduct misrepresentation pretextual-stop seizure warrantless-search A. Is the Fourth Amendment violated when a warrantless off-site forced entry search of a gunsafe is preceded by a warrantless seizure of the gunsafe f…
21-5366 Abram K. Sollman v. Nebraska Nebraska 2021-08-13 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure double-jeopardy due-process eighth-amendment fifth-amendment fourteenth-amendment hearsay-evidence witness-testimony I. WHETHER OR NOT THE NEBRASKA COURTS RELIANCE ON A WITNESS STATEMENTS (Sean Nowling) INDUCED THE STATE'S (Respondent) CASE-IN-CHIEF VIA ERRONEOUS OR …
21-5367 Roger Everett Smith, III v. United States Ninth Circuit 2021-08-13 Denied Response WaivedIFP alien-transporting alienage confrontation-clause criminal-procedure deposition-testimony good-faith-effort material-witnesses sixth-amendment witness-procurement Whether the mailing of form letters addressed to three material witnesses in three small villages in Mexico approximately two weeks before trial amoun…
21-5309 Zachary Cooper v. Virginia Virginia 2021-08-06 Denied IFP actual-bias conflict-of-interest confrontation-clause due-process fraud judicial-bias judicial-conduct judicial-recusal standard-of-review state-judicial-conduct trial-procedure 1. Does the Due Process Clause require the recusal of a trial judge when a conflict of interest arises from their participation in an earlier proceedi…
21-5294 Wilshaun King v. Mike Brown, Acting Warden Sixth Circuit 2021-08-04 Denied Response WaivedIFP autopsy-report confrontation-clause criminal-procedure ineffective-assistance ineffective-assistance-of-counsel medical-examiner plea-bargaining plea-offer right-to-counsel sixth-amendment I. PETITIONER'S TRIAL COUNSEL WAS APPROACHED AT THE TIME THE JURY RETIRED FOR DELIBEARITONS BY PROSECUTING ATTORNEY SCOTT EHLFELDT TENDERING A PLEA O…
21-5255 Nathaniel B. Appleby-El v. Maryland Maryland 2021-07-30 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process evidence evidence-admission right-to-counsel witness-testimony 1. Whether such extensive reliance on transcripts, denied Mr. Appleby-El's federal right of confrontation, because doing so effectively prevented him …
21-5238 Deyaa Khalill v. W. L. Montgomery, Warden Ninth Circuit 2021-07-28 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process preliminary-hearing sixth-amendment Whether the admission of preliminary hearing testimony violates a criminal defendant's Sixth Amendment right to confrontation when the preliminary hea…
21-5211 Edwin Artis Pettaway v. United States Eleventh Circuit 2021-07-26 Denied Response WaivedIFP confidential-informant confrontation-clause constitutional-rights criminal-procedure drug-possession due-process firearm-possession search-and-seizure search-warrant sentencing 1. Was Mr. Pettaway denied his constitutional right to present a complete defense? 2. Where multiple additional errors affected petitioner's convicti…
21-39 Benjamin Ramirez Ruiz v. California California 2021-07-12 Denied Response Waived child-protective-services confrontation-clause crawford-v-washington criminal-procedure evidence-law ongoing-emergency sixth-amendment testimonial-evidence testimonial-statement Was a statement made to a child protective services investigator testimonial for the purposes of the Sixth Amendment Confrontation Clause as establish…
20-8435 Vladimir Eugene v. Florida Florida 2021-06-28 Denied Response WaivedIFP 6th-amendment confrontation-clause due-process equal-protection evidence fair-trial fourteenth-amendment hearsay ineffective-assistance non-hearsay-purpose I. WHETHER OTHERWISE INADMISSIBLE NONTESTIMONIAL HEARSAY, WHICH FALLS WITHIN NO STATUTORY HEARSAY EXCEPTION, ADMITTED FOR NON-HEARSAY PURPOSE AND THER…
20-8416 Raul Ramos v. United States Fifth Circuit 2021-06-25 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure cross-examination due-process hearsay-evidence sentencing-guidelines sixth-amendment united-states-v-haymond Whether the district court's reliance on hearsay evidence to impose a guideline sentence of life violates Ramos's right to confront and cross-examine …
20-8428 Joseph George v. M. Eliot Spearman, Warden, et al. Ninth Circuit 2021-06-24 Denied IFP confrontation-clause criminal-procedure due-process evidence expert-testimony sixth-amendment Does false evidence and expert witness perjured testimony the alleged victim suffered a fracture of the zygomatic buttress qualify for the Schlup doct…
20-1790 Alston Campbell, Jr. v. United States Eighth Circuit 2021-06-23 Denied Amici (1)Relisted (2) accomplice-witness accomplice-witnesses appellate-review confrontation-clause cross-examination due-process sentencing-benefits standard-of-review 1. There is a split among the courts of appeals and several states on the following question: Whether a trial court violates a defendant's rights unde…
20-8366 Larry Dean Garrett, Jr. v. United States Eleventh Circuit 2021-06-21 Denied Response WaivedIFP coercion confrontation-clause criminal-procedure exclusionary-rule false-statements fourteenth-amendment fourth-amendment jury-bias plea-negotiation search-and-seizure sixth-amendment Question not identified.
20-8345 Ricky Parkerson v. United States Fifth Circuit 2021-06-17 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-production burden-of-proof confrontation-clause due-process sentencing sixth-amendment 1. Whether the Fifth Circuit's practice of shifting the burden of production and proof to the defendant at sentencing violates a defendant's Due Proce…
20-8312 Ronald Delester Burke v. Washington Washington 2021-06-15 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination nurse-examiner sexual-assault sexual-assault-nurse-examiner sixth-amendment testimonial-statements Does the Confrontation Clause of the Sixth Amendment prohibit a Sexual Assault Nurse Examiner from testifying about statements made during a forensic …
20-8307 Lamar McKnight v. Josie Gastelo, Warden Ninth Circuit 2021-06-15 Denied Response WaivedIFP confrontation-clause cross-examination due-process evidence expert-testimony gang-enhancement gang-expert jury-instruction natural-probable-consequences right-to-confront testimonial-hearsay I. Should a COA Have Been Granted to Decide If the Trial Court's Admission of the Gang Expert's Testimonial Hearsay Deprived McKnight of His Right to …
20-8266 Eric Lucas v. Florida Department of Corrections, et al. Eleventh Circuit 2021-06-09 Denied Response WaivedIFP 14th-amendment 6th-amendment confrontation-clause constitutional-rights due-process hearsay hearsay-evidence ineffective-assistance jury-trial prosecutorial-misconduct sixth-amendment Whether Petitioner 's Constitutional Rights Under The 5th, 6th And 14th Amendments Were Violated When The State 's Motions To Allow Hearsay Evidence…
20-8192 Jorge Ramon Newball-May v. United States Eleventh Circuit 2021-06-02 Denied Response WaivedIFP confrontation-clause criminal-procedure jurisdiction jury-trial maritime-drug-law maritime-law pre-trial-hearing sixth-amendment statutory-interpretation Whether the Maritime Drug Law Enforcement Act, 46 U.S.C. 70501 et. seq., is unconstitutional on its face and in violation of the Sixth Amendment right…
20-8164 Michael Mosley v. John Rich, Superintendent, Elmira Correctional Facility Second Circuit 2021-05-27 Denied Response WaivedIFP actual-innocence circumstantial-evidence confrontation-clause due-process habeas-corpus herrera-v-collins ineffective-counsel schlup-v-delo sixth-amendment In this wholly circumstantial case where the Petitioner has alibi, and after trial presents: 1) substantial new exculpatory witnesses and evidence sho…
20-8174 Esad Lemo v. Pennsylvania Pennsylvania 2021-05-27 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process intellectual-disability language-access language-interpretation mental-capacity police-interrogation right-to-interpretation sixth-amendment Is the Constitution violated where a defendant who speaks only Bosnian and has an IQ of 57 receives no interpretation during the suppression hearing t…
20-1649 Ronald Jeremy Hyatt v. California California 2021-05-26 Denied confrontation-clause due-process effective-assistance-of-counsel fourteenth-amendment preliminary-hearing sixth-amendment witness-disclosure Whether the prosecution may refuse to disclose the names and address of the 23 victims and additional witnesses it intends to call at petitioner's pre…
20-8151 Marcus D. Williams v. California California 2021-05-26 Denied IFP confrontation-clause constitutional-evidence criminal-procedure due-process evidence-admissibility forensic-evidence forensic-testing hearsay hearsay-evidence testimonial-statement testimonial-statements 1. What degree of formality is necessary before hearsay statements contained within a forensic testing report which connect an accused to the testing …
20-8099 Joseph Reinwand v. Susan Novak, Warden Seventh Circuit 2021-05-24 Denied Response WaivedIFP certificate-of-appealability confrontation-clause confrontation-rights due-process fair-trial fourteenth-amendment habeas-corpus sixth-amendment testimonial-statements 1. Whether the Seventh Circuit Court of Appeals Failed to Apply the Law on Deceased out-of-court testimonial Statements by a Non-testifying Witness. T…
20-8095 Pasqual Lozano v. Robert Legrand, Warden, et al. Ninth Circuit 2021-05-20 Denied IFP confrontation-clause due-process fair-trial federal-prisoners habeas-corpus ineffective-assistance-of-counsel ninth-circuit petition-for-review prosecutorial-misconduct sentencing Question not identified.
20-8054 Joseph Reinwand v. Susan Novak, Warden Seventh Circuit 2021-05-19 Denied Response WaivedIFP certificate-of-appealability confrontation-clause confrontation-rights due-process fair-trial fourteenth-amendment habeas-corpus sixth-amendment 1. Whether the Seventh Circuit Court of Appeals Failed to apply the Law Deceased out-of-court testimonial Statements by a Non-testifying Witness. Ther…
20-1605 Justin Terrell Atkins v. Timothy Hooper, Warden Fifth Circuit 2021-05-18 Denied Response RequestedResponse WaivedRelisted (2) aedpa brecht-v-abrahamson confrontation-clause habeas habeas-corpus harmless-error harmlessness preservation-rule sufficiency-of-evidence Whether, as concluded by every circuit that has considered the issue, the preservation rule applies to the State's forfeiture of harmlessness in AEDPA…
20-8046 Shawn Bishop v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2021-05-17 Denied Response WaivedIFP codefendant-confession confrontation-clause criminal-procedure curative-instruction due-process ineffective-assistance scant-evidence witness-testimony 1. Does a curative instruction remedy a Confrontation Clause violation where the evidence used to convict is scant and the codefendant's alleged confe…
20-8028 Ryan Jason Brannon v. Texas Texas 2021-05-14 Denied IFP accuser available-to-testify confrontation-clause criminal-defendant cross-examination due-process right-to-confront sixth-amendment witness-testimony Whether the plain language of the Sixth Amendment's Confrontation Clause gives a defendant the literal right to confront and cross-examine their accus…
20-1565 Michael Ryan Mitchan v. United States Fifth Circuit 2021-05-11 Denied Response Waived confrontation-clause criminal-procedure due-process hearsay hearsay-evidence relevant-conduct sentencing-guidelines 1. Should defendants in criminal cases be permitted to confront witnesses against them at sentencing when their uncorroborated hearsay statements are …
20-7990 Jose Meza v. Stuart Sherman, Warden Ninth Circuit 2021-05-11 Denied Response WaivedIFP bruton-v-united-states co-defendant-statements co-defendants confrontation-clause constitutional-procedure crawford-v-washington criminal-evidence informant ninth-circuit-interpretation testimonial testimonial-statements 1. Did the Ninth Circuit err in holding that Crawford v. Washington, 541 U.S. 36 (2004) effectively and silently overruled Bruton v. United States, 39…
20-1470 Thomas A. Jeffrey v. Pennsylvania Pennsylvania 2021-04-20 Denied Response Waived confrontation-clause crawford-v-washington criminal-procedure due-process emergency-medical-treatment evidence-collection sexual-assault testimonial-evidence Whether statements made by a suspected sexual assault victim at the emergency room to hospital personnel during the sexual assault evidence collection…
20-7774 Kevin Johnson v. Texas Texas 2021-04-16 Denied Response WaivedIFP appellate-review civil-rights confrontation-clause criminal-procedure double-standard due-process evidentiary-standard expert-testimony forensic-evidence ineffective-assistance post-conviction Did the trial an%or appeal court err by allowing the testisying "erperts" to use statements of unadijucated witnesses as bisis for their opinion and p…
20-7729 Casey Rose v. United States Fifth Circuit 2021-04-13 Denied Response WaivedIFP competency-hearing confrontation-clause cooperating-witness cross-examination due-process impeachment indiana-v-edwards self-representation witness-impeachment Whether the termination of cross-examination of a cooperating with incentives to lie prior to being able to impeach the witness violated the confronta…
20-7700 Robert Ibarra v. W. L. Montgomery, Acting Warden Ninth Circuit 2021-04-09 Denied Response WaivedIFP co-defendant-statements co-perpetrator-statements confrontation-clause constitutional-rights criminal-procedure criminal-trial due-process evidence-exclusion first-degree-murder hearsay right-to-defense right-to-present-defense Does the exclusion of statements by a co-perpetrator that he was solely responsible for the charged murder and the defendant was innocent, including t…
20-1401 James Dennis v. Virginia Virginia 2021-04-06 Denied Response Waived confrontation-clause constitutional-rights cruel-and-unusual-punishment due-process false-evidence fifth-amendment first-amendment fourteenth-amendment prosecutor prosecutorial-misconduct A. Does any Court have the authority to extinguish a defendant's due process rights via the Fifth and Fourteenth Amendment by allowing the prosecutor …
20-7666 Willie Ponder v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2021-04-06 Denied Response WaivedIFP 28-usc-2253 28-usc-2254 actual-innocence certificate-of-appealability confrontation-clause due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel 1. Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his counse…
20-7664 Jessie Willie Green v. Willis Chapman, Warden Sixth Circuit 2021-04-05 Denied Response WaivedIFP 6th-amendment civil-rights confrontation-clause due-process exculpatory-evidence identification-evidence identification-procedures ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Question not identified.
20-7644 Skip Hansen v. Kentucky Kentucky 2021-04-01 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process evidence-exclusion fourteenth-amendment right-to-defense right-to-present-defense sixth-amendment witness-testimony Did the Kentucky Court of Appeals allow Mr. Hansen 's right to present a full and complete defense, which is protected by the Sixth and Fourteenth Ame…
20-7600 Antonio Navarro v. California California 2021-03-30 Denied IFP confrontation-clause criminal-procedure due-process evidence fourteenth-amendment sixth-amendment translation-evidence witness-testimony Question not identified.
20-7574 Robert K. Rymer v. United States Court of Appeals for the Seventh Circuit Seventh Circuit 2021-03-26 Denied IFP 6th-amendment brady-violation civil-rights confrontation-clause due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Rymer's state trial violated,Inef. Ass't. of Counsels '/Government by Due Process Cl. 1 Deprived of 6th amdt. attached counsel right by S.P.D. Kuech,…
20-1347 Selvin Eduardo Zecena-Valdez v. Nevada Nevada 2021-03-25 Denied confrontation-clause criminal-procedure due-process evidence evidence-admissibility fair-trial prior-bad-acts reverse-404(b) sexual-assault Whether the Supreme Court of Nevada's interpretation and application of Nevada Revised Statute ("NRS") 48.045(2) deprived Mr. Zecena of his right to a…
20-7547 Saloman Martinez v. United States Sixth Circuit 2021-03-25 Denied Response WaivedIFP confrontation-clause constitutional-interpretation criminal-law criminal-procedure due-process evidence judicial-discretion kentucky-law sentencing-guidelines sixth-amendment standard-of-proof supreme-court-precedent "VVvc G?ccoA * DecetuVi-er 11, Z02 -0 •\Vv£. uvu-V^A sAaFtS C^sAcnIcA' GoOfAr Qa^ senA-e/vc-e\A} WArWfC q^aOoa. roVi»Mj -\ o cx^<^■c \W, £ajz>\rec<\ O…
20-7503 Mark Randall Jones v. United States Fifth Circuit 2021-03-19 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidence-admissibility fourth-amendment fourth-amendment-violation gut-feeling mail-chute post-office warrantless-search warrantless-seizure A. Whether the Warrantless Seizure of Packages from the Mail Chute at the U.S. Post Office Based on Nothing More than a "Gut Feeling" Violates the Fou…
20-7448 Shuntario Johnson v. United States Sixth Circuit 2021-03-15 Denied Response WaivedIFP chambers-v-mississippi confrontation-clause criminal-procedure due-process hearsay jury-instructions right-to-confront-witnesses right-to-present-defense right-to-present-evidence sixth-amendment Whether the Sixth Circuit's decision to affirm the hearsay objection was contrary to Chambers v. Mississippi, 410 U.S. 284, 302 (1973) and its progeny…
20-7443 Rotimi Salu, et al. v. Denise Miranda, et al. Second Circuit 2021-03-12 Denied Response WaivedIFP 14th-amendment administrative-procedure administrative-review confrontation-clause due-process employment-termination healthcare-workers hearsay-evidence state-agency state-agency-adjudication 1. By declining inquiry into a State agency's denial of due process to accused healthcare workers (e.g., the Petitioners), but instead deferring to th…
20-7401 Ronald Brandon v. Jay Forshey, Warden Sixth Circuit 2021-03-10 Denied Response WaivedIFP civil-rights confrontation-clause constitutional-rights contemporaneous-objection criminal-procedure due-process jurisdiction standing state-court-procedure natal Ligon the handling of the handling of Yhe Old, faction roll ebow) me Tne Abba, Lo filid. Pde i owing Adduony/gusitiona deft. tis Wonatalile, Co…
20-1226 Tracy Will Vaughn v. Arkansas Arkansas 2021-03-05 Denied Response Waived confrontation-clause constitutional-right-to-present-defense counseling-records due-process evidentiary-privilege privilege right-to-defense sexual-assault testimonial-development Whether, consistent with the constitutional right to present a defense, a state may declare a sexual assault accuser's counseling records absolutely p…
20-7343 Justin David Williams v. Utah Utah 2021-03-05 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process evidence hearsay sixth-amendment standard-of-review witness-testimony Why was I denied the right to cross-examine my accused attacker, thereby violating my Sixth Amendment right "the accused shall enjoy the right to be c…
20-7275 Alvin Herron v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2021-02-26 Denied Response WaivedIFP certificate-of-appealability confrontation-clause criminal-procedure due-process hearsay ineffective-assistance ineffective-assistance-of-counsel interrogation prior-record sixth-amendment Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his counsel r…
20-7231 Troy Baker v. United States Sixth Circuit 2021-02-24 Denied Response RequestedResponse WaivedRelisted (2)IFP background-evidence circuit-split confrontation-clause criminal-procedure evidence-admissibility investigative-context jury-instructions out-of-court-statements prejudice Should the Court Grant the Petition to Resolve a Conflict Among the Circuit Courts Over the Propriety of Admitting Out-of-Court Statements That a Defe…
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…
20-7190 Erik Sanchez v. Terry Jacques, Warden Tenth Circuit 2021-02-22 Denied Response WaivedIFP confrontation-clause consecutive-sentences constitutional-rights criminal-procedure due-process federal-review judicial-discretion plea-bargaining post-conviction-relief sentencing sentencing-guidelines IN ORCDER FOR THE SENTENCING COURT TO DEPART FROM THE CONCURCENT SENTENCES REQUIREMENT IN .R.S. S18-1-HOB(3) DOES COOVECNMENT MUST ENTER FACTUAL BASIS…
20-7203 Chiron Sharrol Francis v. Texas Texas 2021-02-22 Denied Response WaivedIFP chambers-v-mississippi confrontation-clause crane-v-kentucky crime-scene-evidence due-process evidence-authentication evidence-preservation fair-trial right-to-present-defense sixth-amendment 1. The police violate State criminal law, Federal and State regulations, and their own procedures and policies in disposing of and failing to preserve…
20-1132 DeMichael Tyrone Moore and Derrick Darnell Moore v. Tennessee Tennessee 2021-02-19 Denied confrontation-clause constitutional-rights criminal-procedure cross-examination effective-cross-examination federal-law hearsay-exception memory-loss prior-recorded-statement witness-testimony Whether the Confrontation Clause is violated by admitting a prior recorded statement of a witness who testifies he has no memory of making the stateme…
20-7114 Aesha Johnson v. United States Sixth Circuit 2021-02-11 Denied Response WaivedIFP co-defendant confrontation-clause constitutional-law constitutional-rights criminal-procedure evidence invited-error plea-agreement I. Does the admission into evidence of a non-testifying co-defendant's plea agreement which includes a statement implicating the defendant on trial as…
20-7066 William Echols v. Douglas Fender, Warden Sixth Circuit 2021-02-05 Denied Response WaivedIFP allied-offenses case-joinder confrontation-clause constitutional-rights due-process evidence-sufficiency fair-trial joinder trial-fairness WHETHER ECHOLS WAS DENIED A FAIR AND IMPARTIAL TRIAL DUE TO SEVERAL MAJOR CONSTITUTIONAL AND DUE PROCESS VIOLATIONS THAT INCLUDED AN IMPROPER JOINER O…
20-6918 Richard Moseley, Sr. v. United States Second Circuit 2021-01-26 Denied Response WaivedIFP conflict-of-law confrontation-clause criminal-law due-process fair-warning overfederalization-of-criminal-law rico rico-statute testimonial-statements unlawful-debt I. Whether the Court should decide an important question involving the overfederalization of criminal law: namely, whether a defendant is provided fai…
20-6939 Thomas Nevius v. Gurbir S. Grewal, Attorney General of New Jersey, et al. Third Circuit 2021-01-26 Denied Response WaivedIFP administrative-law brady-violation civil-procedure civil-rights co-defendant-confession confrontation-clause criminal-procedure due-process equal-protection evidence-admissibility judicial-discretion standing DID THE DISTRICT COURT ERR WHEN IT DECIDED THAT CO-DEFENDANT (WILLIAM BOSTON) MINIMIZED HIS INVOLVEMENT IN THE HOMICIDE, THEREFORE MAKING HIS CONFESSI…
20-6856 Lavon Oden v. Neil Turner, Warden Sixth Circuit 2021-01-14 Denied Response WaivedRelisted (2)IFP confrontation-clause cross-examination effective-assistance-of-counsel hearsay hearsay-evidence ineffective-assistance prosecutorial-misconduct sixth-amendment Was LaVon Oden's Sixth Amendment:.Confrontation Clause right to directly confront witnesses; the right to cross examine adverse witnesses violated, wh…
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…
20-6845 Tony Tran v. Wisconsin Wisconsin 2021-01-12 Denied Response WaivedIFP appeal confrontation-clause credibility criminal-procedure due-process evidence 1. whether the circuit coust erred wher the court ruled that Tran Could not elicit evidence to attack the credibility of Tran's accuser.
20-921 Braulio Marcelo Castillo v. Virginia Virginia 2021-01-08 Denied Response Waived child-witness closed-circuit-testimony confrontation-clause crawford-precedent crawford-v-washington criminal-trial due-process maryland-v-craig sixth-amendment 1. Does the Confrontation Clause allow a non-victim child witness to testify against his father via two-way closed-circuit television when the witness…
20-6748 Edward David v. Eloy Ituarte, et al. Ninth Circuit 2020-12-31 Denied Response WaivedIFP 6th-amendment confrontation-clause criminal-procedure due-process evidence witness Question not identified.
20-6705 Ian LaMonte Cormier v. James Comey, et al. Ninth Circuit 2020-12-23 Denied IFP compulsory-process confrontation-clause due-process effective-assistance-of-counsel prosecutorial-misconduct sixth-amendment Question not identified.
20-6453 Marcos Alejandro Gonzalez Flores v. United States Ninth Circuit 2020-11-25 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process fourth-amendment search-and-seizure suppression-hearing suppression-motion witness-testimony The lower courts are in conflict about whether the Sixth Amendment's Confrontation Clause, the Fifth Amendment's Due Process Clause, or some other aut…
20-6397 Douglas Cornejo v. Christian Pfeiffer, Warden Ninth Circuit 2020-11-20 Denied Response WaivedIFP brady-disclosure brady-evidence confrontation-clause criminal-procedure cross-examination due-process preliminary-hearing prosecutorial-misconduct right-to-present-defense witness-testimony 1. Should a COA Have Been Granted to Decide If the Prosecutor's Failure to Disclose Brady Evidence Deprived Cornejo of His Right to Confront and Cross…
20-6338 James H. Smith v. Brian Cook, Warden Sixth Circuit 2020-11-16 Denied Response WaivedIFP aedpa-deference confrontation-clause constitutional-rights criminal-charges deficient-performance federal-claim ineffective-assistance-of-counsel state-court-misconstrue trial-court 1). Can an attorney demonstrate deficient performance in representing a client while also facing serious criminal charges in the same court. 2). Shou…
20-637 Darrell Hemphill v. New York New York 2020-11-10 Judgment Issued Amici (14)Response RequestedResponse WaivedRelisted (3) confrontation-clause constitutional-rights criminal-procedure evidence evidence-law hearsay-exception right-to-confrontation testimonial-hearsay trial-strategy A litigant's argumentation or introduction of evidence at trial is often deemed to "open the door" to the admission of responsive evidence that would …
20-6185 Bryan Lamar Brown v. United States Fourth Circuit 2020-11-03 Denied Response WaivedIFP bruton bruton-rule co-defendant-statement confrontation-clause constitutional-violation criminal-procedure due-process evidence harmless-error A suspect in a burglary and homicide called a detective to cooperate. The detective asked him which vehicle he and the others had taken to commit the …
20-6196 Mark Xavier Wallace v. United States Fourth Circuit 2020-11-03 Denied Response WaivedIFP confrontation-clause constitutional-challenge criminal-evidence criminal-procedure district-court-procedure due-process evidence fourth-circuit-review hearsay hearsay-testimony standard-of-review 1. Whether the Fourth Circuit erred in affirming that the District Court did not err by admitting inadmissible and highly prejudicial hearsay testimon…
20-6141 David William Smith v. United States Fourth Circuit 2020-10-27 Denied Response WaivedIFP burden-of-proof confrontation-clause evidence-rule-701 expert-testimony hearsay-evidence law-enforcement-testimony lay-opinion professional-experience rule-701 rule-702 testimonial-hearsay This Petition will permit the Court to resolve two profound splits among the federal courts of appeals. The first circuit split concerns when, if at …
20-6138 Jerry Walker v. Wendy Kelley, Director, Arkansas Department of Correction Arkansas 2020-10-26 Denied Response WaivedRelisted (2)IFP 6th-amendment civil-rights confrontation-clause constitutional-challenge criminal-procedure declaratory-judgment due-process evidence procedural-error sixth-amendment DECLARATON® FOUOGEMNZNT THAT HE UIAS DEAITED DVE PROCESS ses HES CRIMTMAL etal. whtsI FAE CoORT ADIN TZTED THE pring restimouy oF al vsavartliadee ulr…
20-528 Nicholas S. Baas v. United States Armed Forces 2020-10-20 Denied Response Waived confrontation-clause court-martial daubert-standard due-process scientific-evidence sixth-amendment unanimous-verdict 1. In light of this Court's decision in Ramos v. Louisiana, does it violate a military servicemember's Sixth Amendment and due process rights to allow…
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 1 -Do ^c, +W CW5t^ VV\Oy4^ CKV/CAl" 1 <\\y £ 0 ^ AV 5 Oy'b yv\v +'h-e<\ <k WcK > S Co^ Viclm Cross ■eAa^v\«ivo\N \ 4 6-C va.m\S.-€.| i Vs. -t. -e_<_-V…
20-485 Michael Torrence v. Kentucky Kentucky 2020-10-14 Denied 14th-amendment cell-phone-evidence cell-phone-tower-evidence confrontation-clause cross-examination due-process lay-witness pretrial-identification state-action WHETHER THE COURT'S RULING THAT CELL PHONE TOWER LOCATION DATA AND INTERPRETATION MAY BE PRESENTED BY AN UNQUALIFIED LAY WITNESS WHO IS UNABLE TO ANSW…
20-5984 Ricardo Woods v. Brian Cook, Warden Sixth Circuit 2020-10-09 Denied Response WaivedIFP batson-challenge batson-v-kentucky confrontation-clause constitutional-law dying-declaration giles-v-california peremptory-challenge sixth-amendment testimonial-statement trial-procedure This case presents two critical questions of constitutional law, one related to the introduction of a suspect identification, made by a profoundly par…
20-5905 Travon Jarvel Jackson v. United States Ninth Circuit 2020-10-05 Denied Response WaivedRelisted (2)IFP confrontation-clause criminal-procedure evidence-admissibility federal-rules-of-evidence rule-412 rule-608b sex-trafficking sixth-amendment witness-impeachment A. Whether evidence of prior prostitution activity that is inadmissible under Rule 412 of the Federal Rules of Evidence to rebut a claim of sex traffi…
20-5920 Richard Cortez v. Iowa Iowa 2020-10-05 Denied IFP confrontation-clause criminal-procedure disclosure due-process sixth-amendment witness-testimony Whether a defendant's due process rights are violated when the State's eyewitness primary to the offense testifies under a false name a disclosure to …
20-5888 Burton Lee Smith v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-10-02 Denied IFP 404(b)-jury-instructions bruton-v-united-states certificate-of-appealability confrontation-clause constitutional-rights effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instructions mug-shot-identification severance-of-defendants sleeping-juror trial-procedure 1.) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that was not Denied His State…
20-5896 In Re Douglas Weissert 2020-10-02 Denied IFP confrontation-clause constitutional-rights cross-examination evidence-admissibility mental-health prescription-medication sixth-amendment trial-procedure witness-testimony WHETHER STATE TRIAL COURT VIOLATED SIXTH AMENDMENT RIGHTS WHEN IT FORBADE CROSS EXAMINING ANGLE LEWIS ON MENTAL HEALTH HISTORY AND USE OF PRESCRIPTION…
20-5870 Demarcus Clark v. Darrel Vannoy, Warden Fifth Circuit 2020-10-01 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure dna-analysis due-process evidence expert-testimony sixth-amendment (1) Did the State's admission of the Wood/E Vestim/iy and O/M dpotE of a Su/dOaaEe Da/A adalysi l/L lieuoP+hg achial VA/A aflalysT and O/i/Aj'tpof'E .…
20-5805 Ian Resnick v. United States Third Circuit 2020-09-28 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure due-process fraud-loss overview-testimony sentencing-guidelines sixth-amendment testimonial-statements 1) Whether the Confrontation Clause of the Sixth Amendment permits, under the guise of "overview testimony", the admission against a criminal defenda…
20-5818 Tyrone Johnston v. Kevin Ransom, Superintendent, State Correctional Institution at Dallas, et al. Third Circuit 2020-09-25 Denied Response WaivedIFP autopsy certificate-of-appeal circuit-split confrontation-clause confrontation-rights constitutional-provisions district-court due-process habeas-corpus jurists-of-reason third-circuit DID THE THIRD CIRCUIT ERR IN DENYING A CERTIFICATE OF APPEAL ("COA") BASED UPON A FAILURE TO SHOW ENTITLEMENT TO RELIEF, DESPITE SATISFYING THE REQUIR…
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…
20-5712 Marcus Vernell Coleman v. Darrel Vannoy, Warden Fifth Circuit 2020-09-16 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process fifth-circuit ineffective-assistance new-trial prejudice right-of-confrontation strickland-standard strickland-v-washington 1. Did the federal Fifth Circuit Court of Appeal "apply " the correct legal standard in accordance to Strickland's prejudicial prong when petitioners)…
20-5665 Nathaniel Marcus Gann v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2020-09-11 Denied IFP confrontation-clause constitutional-law criminal-procedure due-process evidence evidence-admissibility habeas-corpus testimonial-statements 1) IS THE ADMISSION OF IRRELEVANT OR OVERTLY PREJUDICIAL EVIDENCE A DUE PROCESS VIOLATION? (AND IS SUCH A VIOLATION SUFFICIENT TO ISSUE A WRIT OF HABE…
20-317 Dakai Chavis v. Delaware Delaware 2020-09-10 Denied Response RequestedResponse WaivedRelisted (4) confrontation-clause criminal-procedure dna-evidence evidence-admissibility multi-analyst-testing out-of-court-statements testimonial-statements Whether the Confrontation Clause permits DNA evidence obtained as the result of a multi-analyst testing process to be introduced against the defendant…
20-5536 Joseph Scott McKinney v. Louisiana Louisiana 2020-08-31 Denied Response WaivedIFP confrontation-clause confrontation-rights criminal-defense due-process evidence evidence-exclusion rape-shield rape-shield-law sixth-amendment The Constitution guarantees a criminal defendant's meaningful opportunity to present a complete defense. As of now, the Court has not directly address…
20-5520 Michael Williamson v. Harold May, Warden Sixth Circuit 2020-08-26 Denied Response WaivedRelisted (2)IFP confrontation-clause constitutional-rights due-process fair-trial hearsay hearsay-statements right-to-witnesses sixth-amendment witness-exclusion 1) Was Michael Williamson afforded a fair trial and right to confront his accusers or right to witnesses in his favor when the trial court excluded …
20-5483 Dion Black v. Norm Robinson, Warden Sixth Circuit 2020-08-25 Denied IFP certificate-of-appealability confrontation-clause confrontation-rights cross-examination double-inference-rule effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel sufficiency-of-evidence Should the petitioner have been granted a certificate of appealability where the State courtS/U.S. District Court and Sixth Circuit Court of Appeals d…
20-5439 Jesse Santibanez v. United States Fifth Circuit 2020-08-21 Denied Response WaivedIFP ABUSE-OF-DISCRETION CONFRONTATION-CLAUSE confrontation-right CRIMINAL-PROCEDURE CROSS-EXAMINATION district-court-discretion SIXTH-AMENDMENT WITNESS-CREDIBILITY witness-testimony Question not identified.
20-5425 Rasheen J. Gamble v. New York New York 2020-08-20 Denied IFP confrontation-clause criminal-procedure cumulative-error dna-evidence due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct I. WAS DEFENSE COUNSEL INEFFECTIVE FOR CONSENTING TO THE PROSECUTOR'S EXTREMELY UNTIMELY REQUEST FOR A DNA SAMPLE —A MOVE THAT THE APPELLATE DIVISI…
20-5407 Dominique Mack v. United States Second Circuit 2020-08-19 Denied Relisted (4)IFP confrontation-clause criminal-procedure cruel-and-unusual-punishment due-process evidence jailhouse-informant mandatory-minimum mandatory-sentencing plain-error sentencing statements-against-interest 1. Should the Court should grant certiorari in order to consider whether this Court's jurisprudence concerning the admission of statements against int…
20-5369 Don Farmer v. Bernard Booker, Warden Fourth Circuit 2020-08-17 Denied Response WaivedIFP confrontation-clause court-procedure crawford-vs-washington due-process evidence-testimonial ineffective-assistance legal-standards professional-norms sixth-amendment testimonial-evidence verbal-testimony witness-testimony 1.) Whether the evidence supplied through verbal testimony of a witness is considered testimonial (where statements must be functionally identical to …
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 …
20-5344 Christopher Taylor v. Illinois Illinois 2020-08-13 Denied Response RequestedResponse WaivedRelisted (4)IFP 6th-amendment autopsy-report cause-of-death confrontation-clause criminal-procedure knowing-murder lesser-included-offense murder-charge sixth-amendment testimonial-evidence Whether a defendant is denied his Sixth Amendment right to be confronted with the witnesses against him where a court admits into evidence a certified…
20-5297 Demarius Bridges v. Illinois Illinois 2020-08-07 Denied IFP confrontation-clause criminal-procedure due-process hearsay hearsay-testimony right-to-confrontation sixth-amendment standing testimonial-hearsay unavailable-witness 2. Can unconfronted testimonial hearsay be used to secure the admission at trial of other unconfronted testimonial hearsay? 3. Did the state fail to …
20-5257 Jimmy McLain Moore v. United States Sixth Circuit 2020-08-04 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure due-process fair-trial fourth-amendment law-enforcement right-to-confrontation sixth-amendment witness-communication 1. Whether the Sixth Circuit Court of Appeals failed to decide an important Federal Question regarding the right of a Defendant to confront witnesses …
20-79 Cedric L. Daniels v. Dave Davey, Warden Ninth Circuit 2020-07-27 Denied Response Waived confrontation-clause due-process evidence-admission fourteenth-amendment hearsay impeachment-evidence jury-instructions sixth-amendment three-strikes-law Could a jurist of reason find that petitioner was denied his Sixth Amendment right to confront and cross-examine witnesses and Fourteenth Amendment ri…
20-5116 Steven B. Anderson v. Thomas Winn, Warden Sixth Circuit 2020-07-21 Denied Response WaivedIFP civil-rights confrontation-clause constitutional-rights criminal-trial demonstrative-evidence due-process fair-trial false-testimony ineffective-assistance-of-counsel prosecutorial-misconduct I. Did The State Prosecutor Violate Petitioner's Constitutional Right To Due Process By Presenting Known False Testimony And By Using Inconsistent The…
20-5127 Thomas Eric Espinoza v. Colorado, et al. Tenth Circuit 2020-07-21 Denied Response WaivedIFP actual-innocence confrontation-clause constitutional-error due-process expert-examination fair-trial habeas-corpus lab-evidence right-to-present-defense scientific-evidence witness-testimony Question not identified.
20-5129 David Aziel Sheer v. Patrick Warren, Warden Sixth Circuit 2020-07-21 Denied Response WaivedIFP certificate-of-appealability confrontation-clause effective-assistance-of-counsel fair-trial fourteenth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment I. WHETHER THIS COURT SHOULD ISSUE A WRIT OF CERTIORARI IN ORDER TO CORRECT THE SIXTH CIRCUITS DECISION IN DENYING PETITIONER A CERTIFICATE OF APPEALA…
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…
19-8803 Bennie Adams v. Ohio Ohio 2020-06-24 Denied IFP autopsy-report confrontation-clause crawford-v-washington criminal-procedure evidence-law sixth-amendment testimonial-evidence Is an autopsy report testimonial evidence that demands confrontation under Crawford v. Washington, 541 U.S. 36 (2004), and the Sixth Amendment to the …
19-8705 Barry Arkim, aka Edward Mason v. Joseph Noeth, Superintendent, Attica Correctional Facility New York 2020-06-15 Denied IFP 5th-amendment 6th-amendment confrontation-clause criminal-procedure due-process right-to-counsel teVrtA f.W«iS^r^\i oner's tAcVi©A $ciX hho*\o re\\ef 1 ^ AnS^eV* TVie ^uesViorx v^as nc^ ^jAYeSS^ Ae\6b5<eery
19-8661 Justo Jonah Santos v. United States Eleventh Circuit 2020-06-10 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause criminal-prosecution immigration immigration-law naturalization sixth-amendment testimonial testimonial-evidence The lower court in this case admitted into evidence an immigration officer's handwritten notes and checkmarks on a naturalization application, made du…
19-8607 Derrick Thompson v. Patrick Griffin, Superintendent, Sullivan Correctional Facility Second Circuit 2020-06-04 Denied Relisted (2)IFP confrontation-clause fair-trial forensic-analysis forensic-evidence ineffective-assistance ineffective-assistance-of-counsel right-to-fair-trial sixth-amendment speedy-trial testimonial-evidence testimonial-statements Does the Confrontation Clause permit the prosecution to introduce testimonial identification statements of a non-testifying forensic analyst through t…
19-8514 Farid Popal v. New York New York 2020-05-21 Denied IFP confrontation-clause constitutional-rights criminal-procedure due-process post-conviction-hearing post-conviction-proceedings right-to-present-defense sixth-amendment video-testimony witness-coaching WHETHER TWO-WAY VIDEO TESTIMONY VIOLATES A CRIMINAL DEFENDANT'S CONFRONTATION AND RIGHT TO PRESENT A COMPLETE DEFENSE UNDER SIXTH AMENDMENT TO THE U.S…
19-8519 James E. Myers v. Nebraska Nebraska 2020-05-21 Denied IFP civil-rights confrontation-clause dna-testing due-process equal-protection habeas-corpus substantive-due-process writ-of-certiorari (1). Whether Procedual Due Process, Substantive Due Process, Equal Protection, and Confrontational Clause have been violated by state concluding pri…
19-8497 Christopher Lyman v. Kansas Kansas 2020-05-19 Denied Response WaivedIFP confrontation-clause criminal-defendant due-process expert-testimony first-amendment fourteenth-amendment medical-expert religious-discrimination sixth-amendment Whether a court can deny a criminal defendant his medical expert, who's expert testimony is critical to a material fact in dispute, and base this deni…
19-8477 Timothy Martin Kendrick v. United States Eighth Circuit 2020-05-15 Denied Response WaivedIFP 2nd-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure due-process free-speech judicial-interpretation sixth-amendment standing Question not identified.
19-8420 Charles Wilson v. Wisconsin Wisconsin 2020-05-12 Denied Response WaivedRelisted (2)IFP confrontation-clause criminal-procedure due-process evidence evidentiary-ruling ineffective-assistance-of-counsel jury-instructions jury-selection prosecutorial-discretion trial-court-discretion witness-testimony 1. Whether it is Unconstitutinal for defense Counsel to admit an accueds Suilt to the jury over the accused's objection? And also adMit and accused's …
19-8425 Chayce Aaron Anderson v. Colorado Colorado 2020-05-08 Denied Response WaivedRelisted (2)IFP confrontation-clause constitutional-rights cross-examination due-process fair-trial jailhouse-informant jury-trial prejudicial-evidence I. whether the district court erred when it improperly limited the scope of cross-examination of the jail house informant, thereby denying Mr. Anderso…
19-1256 Jennifer Mae Levin v. Florida Florida 2020-04-30 Denied Response Waived cause-of-death confrontation-clause criminal-procedure due-process dui-manslaughter expert-testimony medical-records sixth-amendment 1. Whether – in a case involving the charge of DUI manslaughter – the prosecution can meets its burden of proving "cause of death" through the testimo…
19-8326 Charles Brandon Martin v. Maryland Maryland 2020-04-21 Denied Response WaivedIFP brady-violation burden-of-proof confrontation-clause evidence-sufficiency materiality materiality-standard sufficiency-of-evidence voir-dire witness-availability When a Brady violation (Brady v. Maryland, 373 U.S. 83 (1963)) occurs, must the Court take into account the effects of the Brady violation, or simply …
19-8270 Earl Mayberry Johnson, Jr. v. The Florida Bar Florida 2020-04-16 Denied Response WaivedIFP 14th-amendment attorney-discipline confrontation-clause disbarment due-process equal-protection florida-bar service-of-process 1. Whether the State of Florida violated the Petitioner's 14th Amendment due process and equal protection rights when it summarily disbarred the Petit…
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…
19-8015 Gabriel Cruz v. United States Eleventh Circuit 2020-03-18 Denied Response WaivedIFP bruton-rule co-defendant-statement codefendant-statement confrontation-clause criminal-appeal criminal-procedure eleventh-circuit non-testimonial non-testimonial-statement severance Whether the United States Court of Appeal Eleventh Circuit erred in finding that the Bruton rule, does not mandate a severance when a non-testifying c…
19-7994 David Armondo Butler v. Florida Florida 2020-03-16 Denied Response WaivedIFP adversarial-conflict Confrontation-Clause criminal-procedure Due-Process effective-assistance-of-counsel evidence-preservation Evidentiary-Issues Fourteenth-Amendment ineffective-assistance prior-acts-of-violence prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-counsel strategic-decision video-footage Did court-appointed counsel deprive Petitioner of the Sixth Amendment guarantee obtain the video footage were being made create an adversarial conflic…
19-7988 Junior Jean Baptiste v. United States Eleventh Circuit 2020-03-13 Denied Response WaivedIFP appellate-review confrontation-clause criminal-procedure criminal-trial due-process evidence harmless-error hearsay hearsay-standard standard-of-review Where hearsay, consisting of an inculpatory, out-of-court statement made other than to law enforcement, is erroneously introduced to the defendant's p…
19-7946 Dirk Greineder v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk First Circuit 2020-03-10 Denied Response WaivedIFP confrontation-clause dna-evidence dna-testing expert-testimony laboratory-analysis scientific-evidence sixth-amendment substitute-analyst substitute-analysts targeted-accusation Does the Confrontation Clause prohibit an expert prosecution witness from testifying at a jury trial to the results of DNA tests comparing the petitio…
19-7920 Iverylee Arashella Johnson v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-03-10 Denied IFP confrontation-clause constitutional-violation due-process fifth-amendment sixth-amendment strickland-standard strickland-v-washington unreasonable-application unsworn-testimony Was Johnson's due process and Sixth Amendment confrontation clause protections violated by allowing Powell's unsworn testimony to be presented to the …
19-7925 Ronald O'Rourke v. Jacqueline Lashbrook, Warden Seventh Circuit 2020-03-10 Denied IFP 6th-amendment confrontation-clause constitutional-rights counsel criminal-procedure due-process evidence-suppression fair-trial ineffective-assistance-of-counsel reasonable-conduct right-to-counsel sixth-amendment suppressed-evidence trial-court-discretion WHETHER THE Trial Court Abused Discretion in allowing a Rage, Hansa h tlie Oe 2 a, MLN ae AoUurs. is a samt ot OSs stylte of Coupse/ Sok ALling to GQ …
19-7932 Enrique Auch v. Massachusetts Massachusetts 2020-03-10 Denied IFP confrontation-clause criminal-procedure cross-examination evidence-law feigning memory-loss out-of-court-statements sixth-amendment testimonial-statements witness-testimony Whether the Confrontation Clause permits the prosecution to introduce out-of-court testimonial statements from a witness who is feigning memory loss a…
19-7942 Daniel Dale Parsons v. R. Blades, Warden Ninth Circuit 2020-03-10 Denied Response WaivedIFP adverse-witness co-defendant-guilty-plea co-defendant-statement compulsory-process compulsory-process-clause confrontation-clause criminal-procedure cross-examination harmless-error plain-error waiver I. Has the accused's right of confrontation been converted from the prosecutor's duty under Confrontation Clause into the accused's privilege under th…
19-7830 Pablo Antonio Pantaleon-Aviles v. United States Eleventh Circuit 2020-03-09 Denied Response WaivedIFP confrontation-clause criminal-procedure deportation deportation-warrant evidence illegal-reentry immigration immigration-law sixth-amendment Whether a warrant of deportation admitted to prove an essential element of the offense of illegal reentry is subject to confrontation under the Sixth …
19-7866 Farid Popal v. Stephen Brown Second Circuit 2020-03-04 Dismissed IFP civil-rights confrontation-clause constitutional-violation criminal-procedure due-process habeas-corpus witness-tampering WHETHER THE U.S. CONSTITUTION PROTECTS WITNESSES FROM BEING TAMPERED WITH WHEN DETECTIVE WAS WHISPERING INTO HIS EARS DURING LIVE SKYPE TESTIMONY IN…
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…
19-7827 Terry O'Nell Hall v. Texas Texas 2020-03-02 Denied IFP co-defendant confrontation-clause criminal-trial cruel-and-unusual-punishment due-process evidentiary-inconsistency fundamental-fairness inconsistent-testimony right-to-fair-trial sentencing-disparity victim-testimony witness-testimony DID THE COURT OF APPEALS ERR IN DECIDE PETITIONER'S RIGHT TD DUE P WAS NOT VIOLATED, WHERE THE VICTIM TESTIFIED ONE WAY DURING HIS TRIAL AND THEN TEST…
19-1065 Teresa Ann Johnson v. Alaska Alaska 2020-02-28 Denied Response RequestedResponse WaivedRelisted (2) confrontation-clause criminal-procedure expert-testimony forensic-evidence lab-report sixth-amendment surrogate-expert testimonial-evidence 1. Whether the Confrontation Clause prohibits the prosecution from introducing into evidence at trial a certified lab report reflecting statements of …
19-7819 Shamsuddin Dost v. United States Ninth Circuit 2020-02-28 Denied Response WaivedIFP anonymous-testimony confrontation-clause constitutional-rights criminal-procedure criminal-trial due-process fair-trial sixth-amendment undercover-agents Is it a violation of the Sixth Amendment to U.S. Constitution, which affords an accused the right to confront his or her accusers, for a court to allo…
19-7802 Fernando Ramirez Noria v. United States Fifth Circuit 2020-02-27 Denied Response WaivedIFP alienage confrontation-clause crawford-precedent crawford-v-washington essential-element federal-rules-of-evidence Hearsay non-testifying-agents sixth-amendment Did the admission of the non-testifying agents' reports of their interviews of the defendant to prove alienage, an essential element of the offense, v…
19-7773 James Curtis Denton v. United States Fourth Circuit 2020-02-26 Denied Response WaivedIFP affidavits business-records confrontation-clause criminal-procedure due-process evidence evidence-admission hearsay-exception sixth-amendment Whether the introduction of unconfronted affidavits establishing the foundation for admission of business records violates the Confrontation Clause of…
19-7713 Ronelle Lamar Oudems v. United States Fifth Circuit 2020-02-20 Denied Response WaivedIFP burden-of-proof circuit-split confrontation-clause confrontation-right criminal-procedure due-process presentence-report sentencing Whether (as the D.C., Second, Eighth, Ninth, Tenth, and Eleventh Circuits hold, see United States U. Price, 409 F.3d 436, 444 (D.C. Cir. 2005; United …
19-7710 George R. Young v. Wanza Jackson-Mitchell, Warden Sixth Circuit 2020-02-19 Denied IFP actual-innocence confrontation-clause constitutional-rights criminal-proceeding due-process evidentiary-hearing habeas-corpus ineffective-assistance newly-discovered-evidence self-incrimination state-court-proceedings On the record in this case, the District Court erred in denying a writ of habeas corpus without a plenary hearing. When an application by a state pri…
19-7603 Mark D. Jensen v. William Pollard Seventh Circuit 2020-02-10 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause confrontation-right constitutional-error constitutional-violation criminal-procedure double-jeopardy due-process habeas-corpus judicial-remedy retrial trial-rights The federal courts found that his wife's voice-from-the-grave letter violated Jensen's confrontation right and granted his habeas petition, ordering t…
19-7599 Tracey Smith-Kilpatrick v. United States Sixth Circuit 2020-02-07 Denied Response WaivedIFP business-records confrontation-clause crawford-v-washington evidence-rule federal-rule-of-evidence-803(6) federal-rules-of-evidence government-use hearsay hearsay-exception record-reliability sixth-circuit testimonial-statement testimonial-statements Whether business records qualify as inadmissible hearsay when the government uses them as testimonial statements and for purposes other than those for…
19-7540 Random Jackson v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2020-02-04 Denied Response WaivedIFP 28-usc-2254 attorney-abandonment attorney-neglect confrontation-clause due-process equitable-tolling habeas-corpus holland-v-florida ineffective-assistance postconviction-proceedings reasonable-diligence state-postconviction 1. Whether the Petitioner is entitled to equitable tolling in light of his attorney's neglect/abandonment (i.e., after his attorney abandoned him in t…
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…
19-7473 Milon Jarr Brown v. Michigan Michigan 2020-01-29 Denied IFP civil-rights confrontation-clause constitutional-rights discretion due-process expert-testimony fifth-amendment hearsay judicial-bias photographic-evidence prosecutorial-misconduct self-incrimination sixth-amendment WAS THE PETITIONER DENIED AN OPPORTUNITY TO PRESENT A COMPLETE DEFENSE WHEN A WITNESS FROM THE DEFENSE INVOKED A SPECIOUS FIFTH AMENDMENT CLAIM AGAINS…
19-7485 Michael J. Aguon v. Warren L. Montgomery, Warden, et al. Ninth Circuit 2020-01-29 Denied Response WaivedIFP certificate-of-appealability confrontation-clause confrontation-clause-crawford-v-washington crawford-v-washington due-process effective-assistance-of-counsel gang-expert ineffective-assistance-of-counsel miranda-v-arizona miranda-warnings police-investigation police-officer-gang-expert prosecutorial-misconduct testimonial-hearsay IN LIGHT OF THE FACT THAT THE PROSECUTION'S GANG EXPERT IS AND WAS AT ALL TIMES A POLICE OFFICER ENGAGED IN INVESTIGATING CRIMES WHEN INTERVIEWING ALL…
19-7448 Dennis Rydbom v. Donnie Ames, Superintendent, Mount Olive Correctional Complex West Virginia 2020-01-28 Denied IFP Compulsory-Process Confrontation-Clause due-process Equal-Protection fourteenth-amendment-due-process fourteenth-amendment-equal-protection fourth-amendment fourth-amendment-probable-cause fourth-amendment-warrant-requirement sixth-amendment-compulsory-process sixth-amendment-confrontation state-sovereignty The affidavit for Search Warrant No. 96-166 gave no information linking the place to be searched, 911 East Medlock Drive, Phoenix, Arizona, with Rydbo…
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…
19-7401 Dumisai H. Hockaday v. Helene Christner, et al. Tenth Circuit 2020-01-24 Denied IFP administrative-regulations civil-procedure confrontation-clause constitutional-rights deliberate-indifference double-jeopardy due-process exhaustion-of-remedies grievance-process medical-care prison-conditions standing summary-judgment 1. Whether the underlying activity of the United States Court of Appeals for the Tenth Circuit is ethical or not under Thomas v. Am, 474 U.S. 140, at …
19-7367 Adalberto Magana-Gonzalez v. United States Ninth Circuit 2020-01-22 Denied Response WaivedIFP border-patrol confrontation-clause drug-smuggling expert-testimony hearsay prejudicial-error sixth-amendment witness-testimony Whether the district court committed prejudicial error under the Sixth Amendment when it permitted a DEA agent to tell the jury what a Border Patrol a…
19-7376 Alice C. Trappler v. New York New York 2020-01-22 Denied Response WaivedIFP burden-of-proof confrontation-clause conspiracy criminal-defendant criminal-procedure due-process forfeiture hearsay hearsay-exception legal-insufficiency sixth-amendment waiver 1. Upon trial counsel's failure to move to dismiss on legal insufficiency grounds at trail, is the uninformed automatic waiver and silently imposed pe…
19-7294 Mohammed Kwaning v. United States Fourth Circuit 2020-01-15 Denied Response WaivedIFP apprendi civil-rights confrontation-clause constitutional-rights due-process evidence fair-trial hearsay hearsay-testimony judicial-error jury-trial material-evidence preponderance-of-evidence sentencing sentencing-enhancement Whether the Government officials conduct violated constitutional rights? where;Petitioner's (a) The District Court failed to disclose material eviden…
19-7246 Keith Harris v. United States Third Circuit 2020-01-10 Denied Response WaivedIFP confrontation-clause crawford-rule crawford-v-washington cross-examination hearsay informants law-enforcement-testimony lay-opinion-testimony right-to-counsel sixth-amendment witness-testimony whether the admission of law enforcement testimony that goes to whether a defendant was a participant in a conspiracy based on information provided by…
19-7228 Jerry Carter v. United States Eighth Circuit 2020-01-09 Denied Response WaivedRelisted (2)IFP chain-of-custody confidential-informant confrontation-clause criminal-procedure criminal-procedure-8th-amendment-confrontation-cla criminal-procedure-ineffective-assistance-of-couns eighth-circuit evidence harmless-error ineffective-assistance ineffective-assistance-of-counsel napue-violation strickland-standard Whether the Eighth Circuit erred in rejecting the Whether the Eighth Circuit Court of Appeals erred by "We also find no abuse of discretion in entering the decision the admission, with a limiting ins…
19-7232 Francisco Argenis Parra v. Joe A. Lizarraga, Warden Ninth Circuit 2020-01-09 Denied IFP accomplice-statements-corroboration alibi-instruction bruton-v-united-states co-defendant-statements confrontation-clause due-process ineffective-assistance jury-instructions lesser-included-offenses self-defense sixth-amendment supplemental-credibility-instruction I. Did Trial Counsel Render Ineffective Assistance by Failing to Request an Adequate Supplemental Credibility Instruction? II. Did Trial Counsel Rend…
19-7236 John Joseph DeBlase v. Alabama Alabama 2020-01-09 Denied IFP capital-case codefendant confrontation-clause constitutional-rights due-process jury-unanimity sixth-amendment waiver 1. Do the Sixth Amendment and the Due Process Clause permit, in a capital case, the admission of statements of a nontestifying codefendant, acknowledg…
19-7208 Gbenga Benson Ogundele v. United States Fourth Circuit 2020-01-08 Denied Response WaivedIFP chapman-standard confrontation-clause due-process evidence fair-trial federal-rule-of-evidence federal-rules-of-evidence government-evidence sixth-amendment Whether voluminous amounts of substantive evidence containing prejudicial opinions of government agents held to be erroneously admitted under Federal …
19-7097 Juan Sanchez v. California California 2019-12-30 Denied IFP confrontation-clause criminal-procedure cross-examination due-process out-of-court-statements prior-testimony testimonial-statements trial-evidence witness-memory witness-testimony Whether a defendant in a criminal case is denied the opportunity for full and effective cross-examination in violation of the Confrontation Clause by …
19-7066 Evaristo Toscano v. Joe A. Lizarraga, Warden Ninth Circuit 2019-12-26 Denied IFP 6th-amendment confrontation-clause due-process effective-assistance-of-counsel evidence-tampering harmless-error judicial-bias prejudice-comments redacted-statement right-to-counsel right-to-present-defense sixth-amendment Whether a violation of petitioner's right granted by the Confrontation Clause of the United States Constitution was harmless beyond a reasonable doubt…
19-7027 Patrick T. Hughes v. Pennsylvania Pennsylvania 2019-12-20 Denied Response WaivedIFP accomplice-liability confrontation-clause criminal-conspiracy criminal-homicide due-process eighth-amendment evidence reasonable-doubt I. Whether the evidence was sufficient to [sustain] a conviction of criminal homicide, criminal conspiracy to commit homicide where the Commonwealth f…
19-6971 Comfort Delando Roberts v. Texas Texas 2019-12-19 Denied Relisted (2)IFP confrontation-clause due-process fair-trial fifth-amendment impartial-jury ineffective-assistance presumption-of-innocence sixth-amendment THE "TOTALITY OF REPRESENTATION" SHOWS THE PERFORMANCE OF,COUNSEL, RONALD D. ZIMMERMAN WAS OBJECTIVELY DEFICIENT AND THEREBY DENIED APPELLANT HIS SIXT…
19-7021 Otis Hunter and Deshawn Evans v. United States Seventh Circuit 2019-12-19 Denied IFP bias confrontation-clause criminal-procedure cross-examination jury-instructions jury-nullification mandatory-minimum nullification sentencing sixth-amendment witness-cooperation Whether the Sixth Amendment Confrontation Clause is violated when a court bars a defendant from eliciting the mandatory minimum sentence a prosecution…
19-6956 Thomas H. Outland v. New Jersey New Jersey 2019-12-16 Denied IFP confrontation-clause credibility criminal-defendant criminal-procedure criminal-procedure-impeachment due-process evidence evidence-rules fair-trial impeachment jury-instructions prior-convictions right-to-present-a-defense 1. DID THE NEW JERSEY STATE COURT ENDORSE THE USE OF N.J.R.E. 806 AS A VEHICLE FOR IMPEACHING NON-TESTIFYING CRIMINAL DEFENDANTS WITH THEIR PRIOR CONV…
19-6923 Adrian Alaniz v. Scott Frauenheim, Warden Ninth Circuit 2019-12-13 Denied Response WaivedIFP certificate-of-appealability confrontation-clause confrontation-clause-violation due-process harmless-error hearsay hearsay-evidence justifiable-homicide manslaughter prejudice prosecutorial-misconduct second-amendment self-defense standard-of-review I. Where the evidence tended to favor a verdict of justifiable homicide or a lesser verdict of manslaughter, has Petitioner presented a "debatable " i…
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…
19-6889 In Re Joel Law 2019-12-10 Denied IFP 18-usc-2422b 6th-amendment confrontation-clause confrontation-clause-6th-amendment,false-imprisonm constitutional-rights false-imprisonment habeas-corpus immediate-relief judicial-review section-2255 sixth-amendment 1) Am I entitled to immediate relief from this Court, to protect myself and others similarily situated ,. from being falsely imprisoned pursuant to 1…
19-6901 Alonso Barrera-Montes v. United States Eleventh Circuit 2019-12-10 Denied IFP appellate-review confrontation-clause criminal-procedure department-of-state due-process evidence evidence-admission hearsay hearsay-rule jurisdiction jury-trial I. THE COURT OF APPEALS CLEARLY ERRED IN UPHOLDING THE DISTRICT COURT'S RULING ADMITTING EVIDENCE AT DEFENDANT'S TRIAL WHICH VIOLATED BOTH THE HEARSAY…
19-6871 Justin Vazquez v. United States Second Circuit 2019-12-05 GVR IFP 6th-amendment civil-rights conflict-of-interest confrontation-clause constitutional-rights due-process evidence-admission ineffective-assistance jury-selection professional-conduct sentencing speedy-trial trial-procedure Whether in-chief, ineffective of assistance in violation of 6th Amendment (U.S. Const.) is Whether assigned counsel (M. Blagojevich) violated Code of…
19-6660 Ronald Fay Schermerhorn, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-11-22 Denied IFP appellate-review confrontation-clause court-of-appeals due-process ex-post-facto fair-trial habeas-corpus statutory-law When Opinion reflects Appellate Court relies on States Findings, ..and Litigant has asserted, States Findings are not entitled to deference because, p…
19-6715 Brandon Lashon Ingram v. United States Fourth Circuit 2019-11-22 Denied Response WaivedIFP confrontation-clause evidentiary-hearing habeas-corpus habeas-corpus-review harmless-error harmless-error-analysis ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington Does Title 28 U.S.C. § 2255(b) automatically require an evidentiary hearing when an affidavit presented by a defendant alleging a breakdown in communi…
19-6685 Scott McLaughlin v. Anne L. Precythe, Director, Missouri Department of Corrections Eighth Circuit 2019-11-20 Denied IFP capital-case capital-cases capital-cases-habeas-corpus certificate-of-appealability certificates-of-appealability confrontation-clause eighth-circuit giles-v-california habeas-corpus pro-forma-denial procedural-due-process standard-of-review A disturbing trend is developing in capital cases in federal courts in Missouri regarding the pro forma denial of certificates of appealability ("COA"…
19-6676 Christopher G. Waguespack v. United States Fifth Circuit 2019-11-19 Denied Response WaivedIFP child-pornography computer-evidence computer-forensics confrontation-clause criminal-procedure cross-examination evidence law-enforcement sixth-amendment software-reliability I. Whether failing to call the law enforcement agent responsible for generating a computer report in the Government's case-in-chief implicates the Six…
19-6503 Pedro Jorge Moreno-Garcia v. United States Fifth Circuit 2019-11-06 Denied Response WaivedIFP confrontation-clause deportation fifth-amendment fifth-circuit immigration supreme-court testimonial-hearsay warrant-of-removal Is an immigration officer's signature on a warrant of removal attesting that he witnessed the alien depart the United States testimonial hearsay subje…
19-6493 Theresa Gail Scanlan v. Washington Washington 2019-11-05 Denied Response WaivedIFP accuser confrontation-clause criminal-procedure medical-evidence medical-personnel police-interrogation police-involvement prosecutorial-purpose prosecutorial-use sixth-amendment testimonial testimonial-statements When police officers repeatedly inform an accuser that his statements to medical personnel will be given to the police and prosecuting authorities for…
19-6474 Christopher Andrew Tank v. Michigan Michigan 2019-11-01 Denied Response WaivedIFP confrontation-clause confrontation-clause-violation constitutional-rights constitutional-rights-violation criminal-procedure due-process dying-declaration prejudicial-effect sixth-amendment testimonial-dying-declarations testimonial-evidence I. WHETHER TESTIMONIAL DYING DECLARATIONS VIOLATE THE CONFRONTATION CLAUSE OF THE SIXTH AMENDMENT; AND, WHETHER PETITIONER'S CONSTITUTIONAL RIGHTS WER…
19-6437 Lee E. Peyton v. California California 2019-10-31 Denied IFP confrontation-clause courtroom-protocol criminal-procedure due-process due-process-clause farretta-v-california fourteenth-amendment judicial-discretion pro-se pro-se-representation sixth-amendment This Petition presents an issue of fundamental importance to all defendants facing criminal prosecution in California: whether the Sixth and Fourteent…
19-6395 V. A. C. v. J. L. W. Texas 2019-10-28 Denied IFP civil-procedure confrontation-clause constitutional-challenge direct-appeal due-process effective-assistance-of-counsel ineffective-assistance parental-rights prejudice termination-of-parental-rights trial-court-discretion 1) If it can be proven, leaving absolutely 'No-Doubt', that the relied upon convi ctions, in regard to a Termination of Parental Rights action, is un…
19-6365 Deontae Travohn Davis v. Duncan MacLaren, Warden Sixth Circuit 2019-10-24 Denied IFP civil-rights confrontation-clause criminal-procedure cross-examination due-process expert-witness handwriting-expert perjury preliminary-examination CAN THIS COURT EXTEND EXPERT WITNESS NEEDED BEYOND PSYCHIATRIST SPECIALIST BECAUSE COURTS REFUSED OFFER HANDWRITING EXPERT TO ASSIST PETITIONER DEFENS…
19-6381 Anthony Tyrone Brown v. Michigan Michigan 2019-10-24 Denied Response WaivedRelisted (2)IFP abuse-of-discretion compulsory-process confrontation-clause constitutional-rights due-process effective-assistance-of-counsel evidence evidence-suppression fair-trial ineffective-assistance-of-counsel prosecutorial-misconduct sexual-activity-evidence witness-testimony I. DID THE TRIAL JUDGE VIOLATE THE PETTIONER'S DUE PROCESS RIGHTS TO A FAIR TRIAL AND IMPARTIAL JUDCE. TO NSURE DUE PROCESS, AND FOR THE JUDGE TO AVOI…
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…
19-6303 Jeffrey Jason Cooper v. United States Eleventh Circuit 2019-10-18 Denied Response WaivedIFP confrontation-clause due-process evidence fifth-amendment hearsay sixth-amendment witness-testimony Whether the lower Courts erred in allowing multiple hearsay statements of five alleged witnesses and other non-testifying witnesses whom did not testi…
19-6294 Alexander Mattei v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk First Circuit 2019-10-17 Denied Response WaivedIFP confrontation-clause criminal-procedure dna-evidence due-process evidence expert-testimony hearsay sixth-amendment surrogate-analyst testimonial-evidence testimonial-hearsay trial-procedure Whether there is ability to cross-examine a surrogate analyst at a jury trial who had used another's certified and testimonial DNA results ipse dixit,…
19-6179 Jesus Felix-Heras v. United States Ninth Circuit 2019-10-07 Denied Response WaivedIFP computer-forensics confrontation-clause criminal-procedure database-search evidence-admissibility expert-testimony fingerprint-analysis forensic-evidence search-algorithm sixth-amendment Whether admission of the results of a search of computer fingerprint database, which the record shows to be identical to fingerprint analysis done by …
19-6180 Dannie Joe Farnum v. Scott Frauenheim, Warden Ninth Circuit 2019-10-07 Denied IFP child-competency confrontation-clause due-process fair-trial hearsay prosecutorial-misconduct right-to-confrontation right-to-fair-trial 1. Whether the trial court violated a defendant's right to due process by admitting the prior statements of a 4 year old child without any inquiry int…
19-411 Rodney Reed v. Texas Texas 2019-09-26 Denied Amici (2)Relisted (8) brady-materiality brady-v-maryland confrontation-clause due-process exculpatory-evidence fifth-amendment materiality self-incrimination suppressed-evidence witness-testimony When assessing under the Brady materiality standard whether "disclosure of the suppressed evidence to competent counsel would have made a different re…
19-6023 Jeffrey Guy Ringle v. Shane Jackson, Warden Sixth Circuit 2019-09-23 Denied Response WaivedIFP brady-v-maryland brady-violation confrontation-clause due-process false-testimony giglio-standard giglio-v-united-states habeas-corpus ineffective-assistance miranda-rights prejudice withholding-evidence Did the majority below err in applying this court's decision in Giglio v. United States to hold that Petitioner could not show prejudice, solely becau…
19-361 Renado Smith and Richard Delancy v. United States Eleventh Circuit 2019-09-18 Denied Amici (3) confrontation-clause criminal-evidence criminal-procedure custody-release deposition-testimony due-process good-faith-effort investigative-steps prosecutorial-misconduct prosecutorial-procedure sixth-amendment testimonial-statement unavailability witness-unavailability The Confrontation Clause permits prosecutors to introduce the out-of-court testimonial statements of an absent witness only if the witness is "unavail…
19-5975 Juan Jose Tull-Abreu v. United States First Circuit 2019-09-17 Denied Response WaivedIFP aggravated-identity-theft compulsory-process confrontation-clause conspiracy controlled-substances controlled-substances-act criminal-law criminal-procedure due-process fourteenth-amendment health-care-fraud identity-theft sixth-amendment 1. Whether the petitioner participated in a conspiracy to commit health care fraud , in violation of 18 U.S.C. § 1349 . Count One of the Indictment. …
19-5926 Refugio Quintanar v. United States Fifth Circuit 2019-09-13 Denied IFP burden-of-proof confrontation-clause criminal-procedure due-process presentence-report procedural-unreasonableness sentencing sentencing-guidelines timely-objection 1. Whether the defendant has the burden to deny and discredit the factual allegations of a Presentence Report that increase his or her sentence? 2. W…
19-5936 Cesar Rosario Lopez-Ramos v. Minnesota Minnesota 2019-09-13 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause criminal-procedure cross-examination foreign-language-interpreter police-interrogation sixth-amendment testimonial-statements translation-evidence Whether the Sixth Amendment's Confrontation Clause permits the prosecution to introduce testimonial statements in the form of an unidentified foreign …
19-5895 Lavar Eady v. Massachusetts Massachusetts 2019-09-10 Denied Response WaivedIFP chemical-composition confrontation-clause criminal-procedure due-process evidence expert-testimony forensic-evidence lab-testing substitute-analyst testimonial-hearsay truth-of-the-matter Whether the Confrontation Clause prohibits a substitute state analyst from testifying at trial as to the composition of a seized substance obtained as…
19-5857 Jonathan P. Flom v. United States Second Circuit 2019-09-06 Denied Response WaivedIFP acquittance civil-rights confrontation-clause constitutional-violation deliberation due-process fundamental-error government-misconduct material-disclosure sentence-enhancement vacatur I. Whether the Order of Dismissal with Prejudice as an Acquittance provides preclusive and legal force, requiring Vacatur; Whether various violations …
19-5806 John Bradham v. United States Eleventh Circuit 2019-09-04 Denied Response RequestedResponse WaivedRelisted (2)IFP confidential-informant confrontation-clause criminal-procedure drug-transaction due-process evidence evidence-admission sixth-amendment WHETHER THE DISTRICT COURT'S ERRONEOUS ADMISSION OF A VIDEO OF AN ALLEGED DRUG AND FIREARM TRANSACTION BETWEEN THE CI AND THE DEFENDANT VIOLATED THE C…
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…
19-5796 Alfredo Beltran Leyva v. United States District of Columbia 2019-09-03 Denied Amici (1)Response WaivedIFP circuit-split confrontation-clause constitutional-review criminal-procedure due-process hearsay hearsay-evidence sentencing sentencing-review standard-of-review After pleading guilty to federal narcotics charges, Petitioner was sentenced to life imprisonment based entirely on unverified in-court testimony by a…
19-5758 Peter J. Hanson v. Wisconsin Wisconsin 2019-08-29 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidence hearsay out-of-court-statements sixth-amendment testimonial-evidence Whether out-of-court statements offered for purposes "other than their truth" ever implicate the Sixth Amendment right to Confrontation?
19-5607 Felix Summers v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2019-08-23 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence right-to-counsel sixth-amendment DENIAL OF SIXTH AMENDMENT RIGHT OF CONFRONTATION. THE FEDERAL CONFRONTATION CLAUSE (6TH AMEND.)(was violated). DENIAL OF SIXTH AMENDMENT. RIGHT TO EFF…
19-5667 John J. Blodgett v. Erin Gaffney, Superintendent, Old Colony Correctional Center First Circuit 2019-08-21 Denied Response WaivedIFP actual-innocence brady-issue brady-violation certificate-of-appealability co-defendant co-defendant-statements co-defendant-testimony confrontation-clause due-process first-circuit-court habeas-corpus Did the First Circuit err by refusing to entertain Blodgett's two meritorious issues, and shut out the possibility of certificate of appealability; WH…
19-5620 Damien Hyde v. Illinois Illinois 2019-08-16 Denied IFP 5th-amendment civil-rights coerced-statements confrontation-clause constitutional-rights criminal-evidence criminal-procedure due-process evidence non-defendant-witnesses substantive-evidence witness-testimony 1. Does the admission of Coerced Statements by Non-defendant Witnesses deprive a defendant of Due Process of law, when they are used during trial as s…
19-5481 Jomo Williams v. United States Second Circuit 2019-08-06 Denied Response WaivedIFP 5th-amendment 6th-amendment confrontation-clause confrontation-rights criminal-procedure due-process evidence federal-rule-of-evidence fifth-amendment jury sixth-amendment 1) Were Petitioner's Fifth and Sixth Amendment due process rights obliterated where the district court, not only permitted the prosecution to insert i…
19-159 Carlos Tapia v. New York New York 2019-08-02 Denied Response RequestedResponse WaivedRelisted (2) confrontation-clause criminal-procedure cross-examination due-process evidence memory-loss sixth-amendment testimonial-statement Whether, when a witness's total memory loss prevents him from testifying about his prior out-of-court testimonial statement, the witness's mere presen…
19-5376 Alan Lewis Doering v. Wendy Kelley, Director, Arkansas Department of Correction, et al. Eighth Circuit 2019-07-30 Denied Response WaivedIFP 5th-amendment civil-procedure civil-rights due-process standing takings confrontation-clause criminal-procedure due-process evidence sixth-amendment sixth-circuit How can lower Consts dismiss Violation of bcing Punishd in the bok with no frult of ny own? How can the isshance of tablits to inmats fron the ADciwhi…
19-5340 Carl Prostell v. David Zook, Warden Fourth Circuit 2019-07-26 Denied Response WaivedIFP appeal confrontation-clause constitutional-rights criminal-procedure due-process evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury post-conviction-relief reasonable-doubt sufficiency-of-evidence WHETHER THE FOURTH CIRCUIT ERRED IN DEFERRING TO THE STATE COURT FINDING THAT THE EVIDENCE WAS SUFFICIENT TO FIND INTENT TO SUSTAIN A CONVICTION OF AG…
19-5300 Fremo Santana v. United States Third Circuit 2019-07-25 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination guideline-range ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-guidelines sentencing-proceedings WHETHER DEFENSE COUNSEL'S PERFORMANCE WAS CONSTITUTIONALLY INEFFECTIVE FOR ERRONEOUSLY MISCALCULATING PETITIONER'S GUIDELINE RANGE WHICH WAS THE DECID…
19-5238 Arthur Lopez v. The Irvine Company Apartment Communities, Inc., et al. Ninth Circuit 2019-07-19 Denied IFP civil-procedure civil-rights confrontation-clause constitutional-interpretation due-process fair-housing-act federal-jurisdiction federal-review jurisdiction legal-jurisdiction remedies standing state-court-jurisdiction state-law 1.) Should Pläntiff and the Seneral Paublic fntenest be permitted to furoue Relief from violations of the Fon toin np thouge the Federal Couts gdition…
19-5256 Anthony J. Livingstone v. United States Armed Forces 2019-07-19 Denied Response WaivedIFP confrontation-clause confrontation-rights criminal-procedure discovery due-process military-justice military-rules-of-evidence prosecutorial-misconduct sixth-amendment special-victims-counsel 1. Was the 6th Amendment right to confront witnesses violated due to a misapplication of MRE 412 by the military judge? 2. Did the prosecutor prejudi…
19-5178 Howard Lester v. Ohio Ohio 2019-07-15 Denied Response WaivedIFP confrontation-clause criminal-procedure essential-element expert-testimony firearms-examination fourth-amendment prosecutor-summation report-admission seizure substitute-analyst summation witness-testimony I. Whether the admission of a report authored by a non-testifying firearms examiner, and expert testimony from a substitute analyst concerning the fin…
19-5152 Daryll Keith Shumake v. Virginia Fourth Circuit 2019-07-11 Denied Response WaivedIFP civil-rights confrontation-clause constitutional-rights court-filing due-process evidence-suppression exculpatory-evidence hearsay ineffective-assistance-of-counsel legal-access legal-materials prison-litigation prisoner-rights prosecutorial-misconduct Question not identified.
19-5136 Sha-Ron Haines v. United States Ninth Circuit 2019-07-10 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-defense criminal-procedure criminal-procedure-rights cross-examination due-process evidence evidence-rule-412 rape-shield rape-shield-law right-to-privacy victim-privacy Can the Government invoke Federal Rule of Evidence 412, the rape shield, over the objection of the victim, when doing so infringes upon a defendant's …
19-5051 Armando Duarte Islas, Jr. v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. Ninth Circuit 2019-07-03 Denied Response WaivedIFP actual-innocence arizona-jurisdiction civil-rights confrontation-clause due-process federal-agencies federal-jurisdiction federal-organization habeas-corpus WAS ARIZONA ABSENT OF JURISDICTION OVER EVENTS THAT OCCURRED ON LANDS UNDER EXCLUSIVE FEDERAL AUTHORITY, AND INVESTIGATED EXCLUSIVELY BY AGENCIES UNDE…
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…
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 …
19-12 Kevin Sewell v. Maryland Maryland 2019-07-01 Denied Response Waived compelled-speech confrontation-clause due-process equal-protection fifth-amendment-self-incrimination first-amendment first-amendment-compelled-speech overbreadth self-incrimination sixth-amendment sixth-amendment-confrontation-clause 1. Whether Maryland's law imposing a duty to report suspected child abuse or neglect on all persons in the State violates the First Amendment where it…
19-5006 Peter J. Rosato v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-07-01 Denied Response WaivedIFP civil-procedure civil-rights confrontation-clause confrontation-right constitutional-waiver criminal-procedure deposition deposition-testimony depositions due-process knowingly-intelligent-waiver right-to-be-present video-deposition waiver DOES A WAIVER OF A CITIZENS CONSTITUTIONAL RIGHT HAVE TO APPEAR ON THE RECORD EITHER WRITTEN OR ORALLY IN ORDER TO ESTABLISH A KNOWNING, INTELLIGENT, …
19-6 New York v. Jahmarley Jones New York 2019-06-28 Denied Response RequestedRelisted (2) confrontation-clause crawford-v-washington criminal-procedure gang-evidence police-investigation police-investigations sixth-amendment testimonial-evidence testimonial-statements Whether statements made by individuals during routine police investigations – prior to the commission of a specific crime, the identification of a sus…
18-9716 Andrew J. Hunter, Jr. v. Louisiana Louisiana 2019-06-19 Denied Response WaivedIFP compulsory-process confrontation-clause constitutional-provisions criminal-procedure defense-rights due-process fair-trial judicial-bias prosecutorial-misconduct right-to-counsel subpoena-power Did Louisiana Courts err in denying Andrew Hunter's right to a fair trial and subsequent review when rejecting claims involving, Conflicting Decisions…
18-9657 Joseph Howard Davis v. United States Fourth Circuit 2019-06-17 Denied Response WaivedIFP circuit-split confrontation-clause criminal-evidence criminal-procedure drug-dealer drug-distribution due-process evidence fourth-circuit hearsay informant methamphetamine-offense non-testifying-witness second-circuit I. Is an out-of-court statement by a non-testifying informant which identifies the defendant as a drug dealer hearsay, as in the Second Circuit, or no…
18-9650 Shawn Pinson v. Texas Texas 2019-06-13 Denied IFP civil-rights confrontation-clause criminal-procedure due-process evidence fourteenth-amendment sixth-amendment standing testimony Question not identified.
18-9534 Femi Alexander Mewase v. United States Fifth Circuit 2019-06-05 Denied Response WaivedIFP 18-usc-3553a confrontation-clause criminal-procedure criminal-procedure-jury-selection due-process federal-rules-of-evidence jury-selection sentencing Whether the Fifth Circuit erred by affirming the improper removal of Juror 20. Whether the Fifth Circuit erred by upholding the admission of evidence…
18-9555 Kenneth Thomas v. Robert Marsh, Superintendent, State Correctional Institution at Benner Township Third Circuit 2019-06-05 Denied Response WaivedIFP autopsy-report confrontation-clause crawford-v-washington cross-examination fourteenth-amendment ineffective-assistance-of-counsel melendez-diaz-v-massachusetts sixth-amendment strickland-standard testimonial-evidence WHETHER THIS COURT SHOULD CONSIDER IF THE INTRODUCTION OF AN AUTOPSY REPORT WHICH WAS PRESENTED AS SUBSTANTIVE EVIDENCE BUT NOT TESTIFIED TO BY ITS AU…
18A1253 Niraj Prabhakar Patel v. Connecticut Connecticut 2019-06-03 Presumed Complete co-conspirator-statement confrontation-clause criminal-procedure hearsay sixth-amendment testimonial-evidence Question not identified.
18-1506 Julian Martin v. United States Seventh Circuit 2019-06-03 Denied Response RequestedResponse WaivedRelisted (2) co-defendant-statement confrontation-clause criminal-procedure cross-examination due-process evidence fair-trial hearsay reliability-of-evidence right-to-confront-witnesses sixth-amendment Whether the District Court's express reliance on an out-of-court statement of a non-testifying co-defendant as a basis for finding the defendant guilt…
18-9470 R. Jay Thompson v. Oklahoma Oklahoma 2019-05-29 Denied IFP confrontation-clause evidence hearsay hearsay-statements sane-nurse sexual-assault sixth-amendment testimonial testimonial-evidence 1. Are hearsay statements made to a SANE nurse by a witness complaining of sexual assault, who is not available at trial because of death, testimonial…
18-9446 Davon Kelly Bennett v. United States Fourth Circuit 2019-05-28 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination custodial-interrogation daubert-standard due-process evidence expert-witness-testimony motion-to-suppress rule-404b sixth-amendment 1. Whether the District Court deprived Petitioner of his right to confront witnesses by limiting defense counsel's opportunity to cross-examine the go…
18-9414 Donald Stewart Royce v. Florida Florida 2019-05-24 Denied Response WaivedIFP 14th-amendment 6th-amendment confrontation-clause criminal-procedure cross-examination due-process evidence impeachment law-enforcement witness witness-testimony During the Petitioner's trial one of the two victims was to be questioned by the defense about prior inconsistent statements to law enforcement for im…
18-9428 Robert L. Jenkins v. Pelicia E. Hall, Commissioner, Mississippi Department of Corrections, et al. Fifth Circuit 2019-05-24 Denied Response WaivedIFP appellate-jurisdiction bullcoming-v-new-mexico civil-rights confrontation-clause constitutional-rights crawford-v-washington criminal-procedure due-process evidence-law forensic-evidence judicial-review melendez-diaz-v-massachusetts testimonial-statements This COURT's 2OO4 dECiSiON iN CRAWfORd v. WAshingtOn, 541 U.S. 36 (2004) clEARly ESTAblishEd thAT, puRSUANT to thE CONFRONtATiON ClAUSE of THE SiXth A…
18-9352 Donald C. Ridley v. United States Seventh Circuit 2019-05-20 Denied Response WaivedIFP aiding-abetting aiding-and-abetting Bullcoming-v-New-Mexico confrontation-clause Crawford-v-Washington due-process griffin-v-united-states ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions rosemond-v-united-states strickland-standard Strickland-v-Washington yates-v-united-states Does a lower Court's admission that a aiding and abetting jury instruction was erroneous in light of this Court decision in Rosemond v. United States,…
18-9298 Anthony Barry and Brian Cahill v. Massachusetts Massachusetts 2019-05-16 Denied Response WaivedIFP brady-violation confrontation-clause criminal-procedure due-process exculpatory-evidence exculpatory-information fundamental-fairness jury-trial post-conviction-evidence witness-testimony 1. This Court has never finally resolved the question of whether intentional pre-trial withholding of exculpatory information violates the Confrontati…
18-9310 Roberto Nieto Cruz v. Texas Texas 2019-05-16 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process extraneous-evidence extraneous-offense-testimony fair-trial ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard I. The Court of Appeals erred by misapplying the first prong, and failing to consider the second prong, of the Strickland standard, with respect to th…
18-9281 Randy Burke v. Diane Prosper, Acting Warden, et al. Virgin Islands 2019-05-15 Denied IFP 6th-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure cross-examination double-jeopardy due-process evidence evidence-law expert-testimony ineffective-assistance jury-instructions right-to-confrontation trial-counsel INEFFEcTiVE ASSisTANCE OF COSEL is A 6AMENdMENT RiGHT ViolaTiON WItNES BEATRCE RENCE WHN TRiA COUNSEL EWTHAt is Cien RDBuRKE HAVE THE RigHT To bE CON…
18-9268 Manuel Antonio Mejia Rivera v. Donna Kay McKinney, et al. Fifth Circuit 2019-05-15 Denied IFP confrontation-clause constitutional-rights due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel self-defense sixth-amendment void-conviction witness-testimony PETITIONER Mr. RIVERA ALLEGED THAT HIS TRIAL COUNSEL WAS INEFFECTIVE FOR FAILING TO CALL A WITNESS OF WHOM Mr RIVERA MADE HIM AWARE. PETITIONER WAS CO…
18-1421 Nassau County District Attorney's Office v. Mark Orlando Second Circuit 2019-05-14 Denied Response RequestedResponse WaivedRelisted (23) aedpa aedpa-deference bruton-v-united-states confrontation-clause constitutional-interpretation deferential-review habeas-corpus murder-conviction state-court-deference supreme-court-precedent teague-v-lane tennessee-v-street 1. Did the Court of Appeals violate the deferential review requirements of 28 U.S.C. § 2254(d) by setting aside a state murder conviction based on its…
18-9263 Luis Felipe Valencia v. United States Eleventh Circuit 2019-05-14 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause constitutional-challenge criminal-law due-process international-law jurisdiction maritime-drug-law maritime-law minimum-contacts stateless-vessel vagueness void-for-vagueness Petitioner was onboard a boat in international waters in the Eastern Pacific Ocean when the United States Coast Guard ("USCG") detained him for cocain…
18-9202 Edilberto Maso Diaz v. United States Fifth Circuit 2019-05-08 Denied Response WaivedIFP co-conspirator co-conspirator-testimony confrontation-clause conspiracy criminal-conviction criminal-procedure cumulative-error due-process evidence evidentiary-sufficiency fifth-circuit-review hearsay hearsay-evidence hearsay-statements jury-instructions standard-of-review trial-procedure 1) Did the Fifth Circuit err by affirming the district court admission of hearsay statements made by an unindicted co-conspirator over the objection o…
18-9205 Antonio Ballesteros v. United States Fifth Circuit 2019-05-08 Denied Response WaivedIFP confrontation-clause confrontation-clause-6th-amendment criminal-procedure importation machine-generated-data sentencing sentencing-guidelines sixth-amendment strict-liability I. Whether GPS Data prepared specifically for an ongoing investigation and culled from several databases is machine generated data that implicates the…
18-9015 Diego Rodrigo Perea v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-04-26 Denied Response WaivedIFP certificate-of-appealability confrontation-clause constructive-denial criminal-procedure cross-examination due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel sixth-amendment Was the State Court's rejection of the Petitioner's claim that he was constructively denied the assistance of counsel, when the State Court failed to …
18-8955 Gregory Butler v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2019-04-23 Denied IFP 14th-amendment 6th-amendment certificate-of-appealability confrontation-clause criminal-procedure cross-examination due-process evidence fourteenth-amendment jury-instructions other-crimes-evidence sixth-amendment trial-fairness witness-confrontation Whether the district court and the third circuit erred in refusing to issue a certificate of appealability when it determined the admission of the oth…
18-8894 Robert L. Mayfield v. United States Eighth Circuit 2019-04-18 Denied Response WaivedIFP admissibility co-conspirator co-conspirator-statements co-conspirators confrontation-clause criminal-procedure evidence evidence-rule hearsay hearsay-exception out-of-court-statements rule-801 rule-801(d)(2)(e) Whether admission of out-of-court statements made by Robert Mayfield's alleged co-conspirators violated the hearsay exception of Rule 801(d)(2)(E).
18-8902 Gustav Kloszewski v. United States Second Circuit 2019-04-18 Denied Response WaivedIFP confrontation-clause constitutional-interpretation Crawford-precedent crawford-v-washington criminal-procedure due-process evidence evidence-admissibility precedent sixth-amendment testimonial-statements Did the lower court fail to follow this Court's precedent in Crawford v. Washington, 541 U.S. 36 (2004).
18-8862 Roderick White v. Louisiana Louisiana 2019-04-17 Denied Amici (4)Response RequestedResponse WaivedRelisted (3)IFP confrontation-clause constitutional-interpretation crawford-v-washington cross-examination due-process evidence memory-loss testimonial-hearsay united-states-v-owens Whether the rule of United States v. Owens, 484 U.S. 554 (1988), as used by courts to admit testimonial hearsay from witnesses not amenable to cross-e…
18-8869 Jesse Davenport, aka Draco John Flama v. United States Ninth Circuit 2019-04-17 Denied Response WaivedIFP child-pornography confrontation-clause conspiracy criminal-procedure due-process jury-trial plain-error shackling sufficiency-of-evidence 1. Is shackling a defendant during his or her jury trial for no asserted or actual reason proper, and thus not even an "error" under the plain error t…
18-8795 Luis Alberto Armendariz-Chavez v. United States Fifth Circuit 2019-04-11 Denied Response WaivedIFP confrontation-clause due-process fifth-circuit immigration immigration-law removal testimonial testimonial-evidence warrant warrant-of-removal Whether an immigration officer's warrant of removal is testimonial for purposes of the Confrontation Clause?
18-8751 William Len Rainey v. Texas Texas 2019-04-10 Denied IFP civil-rights confrontation-clause discovery due-process hearsay sentencing-enhancement sentencing-enhancements sexual-offenses unconstitutional as appliedinatrialon Sept.21, 201 denying the Petitioner basc Duc rocess protections and affetihis substatialrights? AWe e investiga…
18-8644 Emanuel L. Finch, Sr. v. Bradley Graham, et al. Ninth Circuit 2019-04-01 Denied Response WaivedIFP confrontation-clause confrontation-clause,compulsory-process,miranda-ri consent-to-search constitutional-rights criminal-procedure due-process fair-trial materiality-of-false-testimony miranda-rights sixth-amendment sufficiency-of-evidence weight-of-evidence Whether it is a question of Law for the Supreme Court of the United States to determine the conduct complained of? Whether the Petitioner have a Cons…
18-8591 Jose J. Salazar-Hernandez v. Texas Texas 2019-03-28 Denied IFP 14th-amendment child-sexual-assault confrontation-clause constitutional-violation criminal-procedure cross-examination due-process federal-habeas habeas-corpus newly-discovered-evidence post-conviction-relief prosecutorial-misconduct statute-of-limitations victim-testimony Is it logical to conclude 1. that a trier-of fact has reasonably and rationally the "beyond a reasonable applied doubt" standard as contemplated under…
18-8557 Ignacio Ruiz v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-03-26 Denied IFP civil-rights confrontation-clause criminal-procedure due-process evidence habeas-corpus ineffective-assistance-of-counsel sentencing GRou oNE: Houston Police Department Detective, Jhn Brooks, testified during the state's case -in-chief concerning ownership of a cll phone involved in…
18-8564 Kelvin Wayne Heath v. Melinda K. Braman, Warden Sixth Circuit 2019-03-26 Denied Response WaivedIFP automatic-reversal compulsory-process confrontation-clause constitutional-rights due-process effective-assistance-of-counsel exculpatory-evidence fair-trial ineffective-assistance-of-counsel prosecutorial-misconduct uniform-act-on-production-of-out-of-state-witnesse witness-tampering Did trial court abuse discretion by allowing text messages that's erased? Was Trial Counsel ineffective? Was 6th Amendment violated specifically Con…
18-8571 Javier Pellecer v. California California 2019-03-26 Denied Response WaivedIFP confrontation-clause constitutional-rights cumulative-error due-process fair-trial gang-evidence impartial-jury ineffective-assistance-of-counsel I. WHETHER THE SPECAL CIRCUMSTANCE AND GANG EVIDENCE ARE UNSUPPORTED BY SUBSTANTIAL EVIDENCE, DENYING PETITIONER DUE PROCESS OF LAW. II. WHETHER THE …
18-8405 Mohammed Suleiman Roble v. United States District of Columbia 2019-03-15 Denied Response WaivedIFP confrontation-clause criminal-defense criminal-defense-attorney-ineffectiveness due-process exculpatory-evidence government-evidence ineffective-assistance pre-trial-proceedings reasonableness sixth-amendment strickland-v-washington DOES STRICKLAND v. WASHINGTON, 466 US 668, 80 L Ed Qd 674, 104 S Ct 2052 REQUIRE THE GOVERNMENT'S EVIDENCE TO BE WEAK TO FIND A CRIMINAL DEFENSE ATTOR…
18-8418 Marvin Waddleton, III v. Bernadette Rodriguez, et al. Fifth Circuit 2019-03-13 Denied IFP civil-rights confrontation-clause constitutional-rights cross-examination due-process force-application good-faith qualified-immunity summary-judgment The core of the inquiry.. .That once the provisions of 42 USCS 1997, and Clear Established Law has been properly satified to over come Quailfied Immun…
18-1181 Tim Shoop, Warden v. Ahmad Fawzi Issa Sixth Circuit 2019-03-12 Denied Relisted (2) aedpa aedpa-standard confrontation-clause crawford-v-washington due-process federal-court-review habeas-corpus retroactivity sixth-amendment state-prisoner-rights supreme-court-precedent At Ahmad Issa's 1998 trial, two witnesses described statements that their friend (and Issa's accomplice) made to them about Issa's involvement in a mu…
18-8379 John Anthony Dobbs v. Texas Texas 2019-03-11 Denied IFP civil-rights confrontation-clause constitutional-interpretation crawford-standard crawford-v-washington due-process evidence forensic-evidence medical-examination medical-forensic medical-forensic-purpose sane-nurse sane-nurse-examination testimonial-statement testimonial-statements BECAUSE SANE NURSE EXAMINATIONS HAVE EVOLVED INTO A DUAL MEDICAL AND FORENSIC PURPOSE, HAVE THE STATEMENTS OBTAINED BECOME 'TESTIMONIAL' FOR PURPOSES …
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…
18-7944 Jerkeno Wallace v. United States Second Circuit 2019-02-13 Denied Response WaivedIFP confrontation-clause criminal-procedure defendant-rights due-process evidence judicial-discretion non-testifying-defendant remorse remorse-consideration right-to-silence sentencing sentencing-error WHEN COURT CONSIDERED OBSERVATIONS OF THE NON-TESTIFYING DEFENDANT AS BASIS OF PROVING NO REMORSE
18-7917 Najee Sharif Wilkins v. Michigan Michigan 2019-02-12 Denied IFP confrontation-clause cross-examination eighth-amendment juvenile-sentencing life-without-parole miller-v-alabama montgomery-v-louisiana parole-eligibility witness-testimony Petitioner was sentenced to 45-100 years concurrent to 10-40 years for second-degree murder and perjury committed when he was under the age of 18 whic…
18-7770 Michael Paul Bradley v. Georgia Georgia 2019-02-07 Denied Response WaivedIFP appeals confrontation-clause constitutional-law criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jurisdiction right-to-counsel sixth-amendment Question not identified.
18-7846 Reginald Hough v. United States Sixth Circuit 2019-02-07 Denied Response WaivedIFP 4th-amendment confrontation-clause evidence expert-testimony fifth-amendment lay-witness police-procedure probable-cause search-warrant totality-of-circumstances Based on the totality of the circumstances was there probable cause for the search warrant to issue? Is it permissible for a lay witness to offer tes…
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…
18-7734 Joe Willie Cannon v. Iowa District Court, Des Moines County Iowa 2019-02-04 Denied Response WaivedIFP 14th-amendment 5th-amendment 6th-amendment confrontation-clause constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment I. DID THE STATE OF IOWA VIOLATE THE PETITIONERS 5th, 6th, & 14th AMENDMENT'S CONFRONTATION AND DUE PROCESS RIGHTS TO BE PRESENT DURING A CRITICAL STA…
18-7634 Lincoln E. Fox v. Neil Turner, Warden Sixth Circuit 2019-01-29 Denied Response WaivedIFP appellate-review confrontation-clause criminal-procedure due-process evidence evidentiary-error fair-trial ineffective-assistance ineffective-assistance-of-counsel victim-testimony witness-testimony I) Reasonable jurists could debate whether the trial court's admission of a videotaped statement of the victim in violation of Evid.R. 803(4) denied A…
18-7505 Demian Pina v. United States Sixth Circuit 2019-01-24 Denied Response WaivedRelisted (2)IFP confrontation-clause daubert due-process ecpa ecpa-violation electronic-surveillance evidence-admissibility fourth-amendment kyllo search-and-seizure speedy-trial Does the use of computer/internet surveillance technology, not available to the general public, to intrude into a home or curtilage (KYLLO) without pr…
18-7553 Elmos D. Hopkins v. Robert Dooley, Warden, et al. Eighth Circuit 2019-01-24 Denied IFP civil-rights confession confrontation-clause criminal-procedure due-process evidence ineffective-assistance-of-counsel jury jury-instructions right-to-counsel witness Can a defendant be convicted where two witnesses (owners of the home) who observed two males from 15 feet in broad daylight come out of their house an…
18-7533 Shawn Canada v. Eddie Miles, Warden Eighth Circuit 2019-01-23 Denied IFP civil-rights confrontation-clause cruel-and-unusual-punishment double-jeopardy due-process habeas-corpus ineffective-assistance plea-bargaining sentencing 1. DID CANADA RECEIVE EFFECTIVE ASISTANCE OF COUNSEL 2. WAS THERE AN ABUSE OF DISCRETION TO BRINGING OF CANADA MENKAL HEALHL INJUSTICE DUNNG SENTENUN…
18-7512 Ronald Jackson v. Illinois Illinois 2019-01-22 Denied Response WaivedIFP civil-rights compulsory-process confrontation-clause constitutional-rights criminal-procedure due-process evidentiary-ruling ineffective-assistance-of-counsel prosecutorial-misconduct right-to-a-fair-trial right-to-fair-trial sixth-amendment state-court subjective-intent as Iweffective and to resolve dis agreements about the Spe cific Legal question D0 Attempt murder oN A Polide officer Carry A mandatory Ferearmerhanc…
18-7480 Karreem Tislam Jabar Wiley v. Larry Cartledge, Warden Fourth Circuit 2019-01-17 Denied Response WaivedIFP 6th-amendment compulsory-process confrontation-clause criminal-procedure due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel right-to-counsel Question not identified.
18-7416 Javier Solis v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2019-01-15 Denied IFP confrontation-clause crawford-precedent crawford-v-washington hearsay hearsay-exception jury-instructions jury-interpretation police-testimony sixth-amendment testimonial-evidence truth-of-the-matter-asserted A POLICE OFFICER TESTIFIED TO MATTERS OF WHICH HE DID NOT HAVE DIRECT KNOWLEDGE INCLUDING A BOLO BULLETIN. SHOULD "TESTIMONIAL" OR "NON-TESTIMONIAL" …
18-7402 Robert Shapiro v. United States Federal Circuit 2019-01-14 Denied Response WaivedIFP 6th-amendment compulsory-process confrontation-clause criminal-procedure due-process jury-trial public-trial right-to-counsel speedy-trial What Des th Unite States Cnstifution er omean efrine timeliness referred toby right to a criminal proseation, the an impartal jory of the state and di…
18-7322 Robert R. Yerton, Jr. v. Jason Bryant, Warden Tenth Circuit 2019-01-09 Denied Relisted (2)IFP appeal confrontation-clause criminal-appeal criminal-procedure due-process expert-witness federal-appeal indigent-defense sixth-amendment tenth-circuit Whether the Tenth Circuit Court erred in holding - in conflict with the Second, Fifth, Sixth, Ninth, the D.C., and other Circuit Courts - that The Dis…
18-7271 Richard Steven Johnson, Jr. v. Neil McDowell, Warden Ninth Circuit 2019-01-07 Denied IFP confrontation-clause coy-v-iowa criminal-procedure cross-examination due-process fundamental-rights maryland-v-craig witness-testimony The sole question raised by this Petition for Certiorari is whether the Ninth Circuit Court of Appeals violated petitioner's fundamental rights by rul…
18-7179 Trevelle J. Taylor v. Nebraska Nebraska 2018-12-27 Denied IFP 4th-amendment arrest-standards civil-rights confrontation-clause criminal-procedure due-process probable-cause reasonable-suspicion search witness-testimony Whether a persons mere proximity to others independently suspected of criminal activity, withoutmore, give rise to probable cause to search that perso…
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…
18-7165 Drakile Leroy Jones v. Michigan Michigan 2018-12-21 Denied IFP confrontation-clause crawford-precedent crawford-v-washington criminal-procedure due-process evidence michigan-supreme-court sixth-amendment standing state-court-appeal supervisory-power williamson-v-united-states 1) Whether the decision of the Michigan Court of Appeals conflicts with Crawford v. Washington? 2) Whether the Michigan Supreme Court's interpretatio…
18-7010 Jermaine Mitchell v. United States First Circuit 2018-12-12 Denied Response WaivedIFP confrontation-clause expert-testimony expert-witness forensic-evidence lab-reports law-enforcement-testimony lay-testimony narcotics narcotics-testimony scientific-evidence sixth-amendment testimonial-evidence Whether law enforcement (lay) testimonies about the narcotics character of certain substances may be shined with the expert testimonial gloss of unpro…
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…
18-6954 Steven Scott Wells v. California California 2018-12-07 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidentiary-standards expert-testimony fingerprint-analysis fingerprint-evidence forensic-evidence judicial-review scientific-methodology Does a fingerprint expert's testimony that two fingerprints "match" have any evidentiary value if the expert provides no explanation for that conclusi…
18-6909 Albert Andrew Lucero v. Kim Holland, Warden Ninth Circuit 2018-12-04 Denied Response WaivedIFP bruton-rule bruton-v-united-states co-defendant confrontation-clause confrontation-clause-rights crawford-analysis crawford-v-washington harmless-error joint-trial sixth-amendment testimonial-statement Was the California Court of Appeal's decision contrary to, or an unreasonable application of, this Court's jurisprudence holding that the Sixth Amendm…
18-6885 Stephen Anthony Marquez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-11-30 Denied IFP business-records confrontation-clause constitutional-amendments crawford-v-washington criminal-procedure due-process fourteenth-amendment medical-records sixth-amendment With the decision to classify testimonial or non-testimonial statements per Crawford v. Washington 124 S.t 1354 as to whether Confrontation clause app…
18-6827 Eric Williams v. New York New York 2018-11-27 Denied Response WaivedIFP barber-v-page confrontation-clause criminal-procedure deportation good-faith-effort significant-public-benefit-parole sixth-amendment unavailability witness-testimony At a retrial in a criminal case, New York prosecutors were permitted to introduce prior testimony of a witness from the first trial. The witness had b…
18-6845 Edward Mitchell v. Lawrence Mahally, Superintendent, State Correctional Institution at Dallas, et al. Third Circuit 2018-11-27 Denied Response RequestedResponse WaivedRelisted (2)IFP clearly-established-law confrontation-clause constitutional-law crawford-v-washington criminal-procedure cross-examination due-process greene-v-fisher habeas habeas-corpus habeas-statute retroactivity The Petitioner, Edward Mitchell, was convicted of murder and sentenced to life imprisonment by a state trial court in 2001 based on testimony that, al…
18-6804 Shane Roach v. United States Tenth Circuit 2018-11-26 Denied Response WaivedIFP appellate-review circuit-conflict confrontation-clause criminal-procedure cross-examination due-process legal-objection preservation-of-error sixth-amendment standard-of-review Does a defendant preserve a confrontation issue for review by clearly articulating Confrontation Clause concerns as the basis for his objection withou…
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…
18-6791 Benjamin Bland v. United States Fourth Circuit 2018-11-23 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination evidence evidence-admissibility government-evidence harmless-error hearsay sixth-amendment social-security-administration trial-procedure Whether petitioner's Sixth Amendment right to confront witnesses against him was violated where a spreadsheet (Government's Exhibit MD-313) created by…
18-6786 Curtis J. Hill v. Joe A. Lizarraga, Warden Ninth Circuit 2018-11-21 Denied IFP cause-of-death confrontation-clause due-process evidence expert-reports expert-testimony habeas-corpus medical-evidence pro-se pro-se-filing unreasonable-determination unreasonable-factual-findings 1. Under 28 U.S.C. § 2254(d)(2) did the California Court of Appeal unreasonably determine the facts critical to a proper Confrontation Clause analysis…
18-6750 Rita Pultro v. Pennsylvania Pennsylvania 2018-11-20 Denied Response RequestedRelisted (2)IFP codefendant codefendant-confession confession confrontation-clause criminal-procedure due-process evidence evidence-admission hearsay redaction sixth-amendment Should a court look beyond the four corners of a nontestifying codefendant's confession to determine if introduction of the confession violates the Co…
18-6724 Roger Lee Ozier v. Shirlee Harry, Warden Sixth Circuit 2018-11-19 Denied Response WaivedIFP appellate-review armed-robbery bank-robbery confrontation-clause criminal-procedure cross-examination eyewitness-testimony fair-trial ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence probable-cause sixth-amendment THE EVIDENCE PRESENTED AT TRIAL WAS INSUF- FICIENT TO SUSTAIN MR. OZIER'S CONVICTION FOR ARMED ROBBERY AND BANK ROBBERY. PETITIONER WAS DENIED HIS RI…
18-6725 Charles Wayne Bussell v. Kentucky Kentucky 2018-11-16 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process impeachment impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel post-conviction-hearing post-conviction-relief postconviction-hearing sixth-amendment tainted-testimony trial-strategy witness-testimony After Petitioner was convicted of robbery and murder, the state court decided that Defense counsel's cross-examination of two critical witnesses was i…
18-6666 Oscar Sosa v. United States Fifth Circuit 2018-11-14 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure drug-trafficking due-process expert-testimony plain-error-review prosecutorial-misconduct sixth-amendment witness-credibility 1. Isa federal agent's testimony about an out-of-court agent's report of drug trafficking by an unindicted coconspirator, when linked to and used agai…
18-6703 David Richard Trimble v. Darrel Vannoy, Warden Fifth Circuit 2018-11-14 Denied Response WaivedIFP aggravated-rape Confrontation-Clause criminal-procedure cross-examination due-process fourteenth-amendment ineffective-assistance Ineffective-assistance-of-counsel jackson-v-virginia sixth-amendment Statute-of-limitations sufficiency-of-evidence Reasonable jurists would find it debatable whether the evidence was insufficient to find David Trimble guilty of four counts of Aggravated Rape beyond…
18-6655 Andrew John Miller v. Duncan MacLaren, Warden Sixth Circuit 2018-11-13 Denied IFP 6th-amendment confrontation-clause constitutional-rights criminal-procedure due-process evidence preliminary-examination right-to-counsel sixth-amendment witness-testimony Whether review is warranted because the Petitioner-Appellant's convictions must be reversed and this matter remanded for a new trial where the admissi…
18-6679 Donate Graham v. Illinois Illinois 2018-11-13 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause conspiracy-liability criminal-procedure due-process forfeiture forfeiture-by-wrongdoing forfeiture-doctrine giles-v-california intent witness-procurement Whether the forfeiture-by-wrongdoing exception to the Confrontation Clause encompasses acts of wrongful witness procurement done by alleged co-conspir…
18-6597 Jazsmine Arielle Joseph v. United States Fifth Circuit 2018-11-08 Denied Response WaivedIFP burden-of-proof child-trafficking confrontation-clause confrontation-rights conspiracy conspiracy-charge domestic-violence expert-testimony sex-trafficking DID THE LOWER COURT ERR IN ITS DECISION, AS IT RELATES TO WHAT IS REQUIRED TO PROVE A CONSPIRACY CHARGE IN THE SEX TRAFFICKING OF A CHILD COUNT AND §2…
18-6616 Maria I. Sanutti-Spencer v. Pennsylvania Pennsylvania 2018-11-08 Denied Response WaivedIFP confrontation-clause criminal-motive criminal-procedure decedent's-drug-addiction decedent's-drug-dealing decedent's-motive decedent's-physical-abuse defendant's-health-issues due-process evidence evidence-exclusion lay-opinion-testimony right-to-complete-defense right-to-present-defense trial-procedure witness-testimony Does excluding evidence of another's motive, of the decedent's drug addiction, drug dealing, his physical abuse of the defendant and the defendant's s…
18-6629 William Randolph Harloff v. Craig Koenig, Warden Ninth Circuit 2018-11-08 Denied Response WaivedIFP chapman-harmless-error confrontation-clause constitutional-rights courtroom-presence criminal-procedure due-process harmless-error prejudice right-to-be-present witness-credibility witness-testimony Whether the state court applied Chapman v. California, 386 U.S. 18 (1967) in an objectively unreasonable manner or made an unreasonable determination …
18-6637 Harold E. Grist, Jr. v. Terema Carlin, Warden Ninth Circuit 2018-11-08 Denied Response WaivedIFP 6th-amendment certificate-of-appealability confrontation-clause credibility due-process effective-assistance-of-counsel juror-misconduct jury-trial self-incrimination truthfulness Whether the Petitioner had a constitutional right to confront his accusers at trial and impeach them before a jury to challenge their credibility and …
18-6577 Ernesto Wilfredo Solano Godoy v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2018-11-07 Denied IFP confrontation-clause due-process fourth-circuit-review habeas-corpus ineffective-assistance-of-counsel phone-records strickland strickland-standard strickland-test sufficiency-of-evidence witness-testimony 1-Petitioner alleges that his trial counsel was ineffective by allowing testimony and evidence to be presented to the jury in violation of the Confron…
18-6475 Lewis Wright v. Pennsylvania Pennsylvania 2018-10-29 Denied Response WaivedIFP brady-violation confrontation-clause criminal-procedure cross-examination cross-examination-rights due-process evidence-disclosure fourteenth-amendment parole perjury prosecutorial-misconduct sixth-amendment witness-bias WHETHER THE COURT OF COMMON PLEAS ERRED IN LIMITING MR. STEEN ABILITY TO ESTABLISH WITNESS JOSEPH FARLEY'S BIAS WHERE MR. STEIN WAS PREVENTED FROM INQ…
18-6438 Oscar Kenneth Moreno v. Alana Butler California 2018-10-26 Denied IFP confrontation-clause dna-evidence dna-testing due-process expert-testimony fourteenth-amendment remand scientific-evidence sentencing sixth-amendment Question 1. The Trial Presentation Violated My Sixth and fourteenth Amendment Rights to Confront and Cross-Examine His Accussers. Scientific Evidence …
18-6355 Christian Dominique Scott v. United States Fifth Circuit 2018-10-17 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process evidence parole revocation sentencing supervised-release I. Whether supervised release revocation defendants enjoy a limited right of cross-examination as to facts that increase the sentence imposed followin…
18-6304 Alex Lenard McCoy v. United States Fourth Circuit 2018-10-12 Denied Response WaivedIFP 5th-amendment 6th-amendment article-iii confrontation-clause constitutional-rights criminal-procedure due-process fifth-amendment plea-agreement plea-bargaining rule-11 self-incrimination sixth-amendment speedy-trial Whether the Defendant's rights under Article III, Section 2 of the United States Constitution for the trial of his crimes by jury in the State where t…
18-6278 John Martin, Sr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-10-10 Denied IFP confrontation-clause constitutional-rights due-process evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel sixth-amendment speedy-trial unreasonable-determination-of-facts 1. Where the constitutional issues raised was to the degree that should have been debatable among jurist of reason, and were not lacking any factual b…
18-6176 Michael Lucero v. California California 2018-10-02 Denied IFP 6th-amendment confrontation-clause constitutional-rights criminal-evidence criminal-procedure domestic-violence due-process evidence fourteenth-amendment prior-acts propensity propensity-evidence This case presents the question this Court acknowledged was "left open" in Estelle v. McGuire, 502 U.S. 62, 75, fn. 5 (1991): "whether a state law wou…
18-6183 Reginald Lynch v. Hilton Hall, Jr., Warden, et al. Eleventh Circuit 2018-10-02 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure davis-v-washington dying-declaration hearsay ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment strickland-standard strickland-v-washington DOES PETITIONER RECEIVE INEFFECTIVE ASSISTANCE OF COUNSEL WHEN TRIAL COUNSEL FAILS TO OBJECT TO TESTIMONY FROM A WITNESS REPEATING THE STATEMENTS OF A…
18-6148 Atul Nanda v. United States Fifth Circuit 2018-10-01 Denied Response WaivedIFP Brady-Doctrine brady-rule brady-v-maryland confrontation-clause due-process fifth-amendment Giglio-Doctrine giglio-rule giglio-v-united-states new-trial plea-agreement Plea-Agreements plea-bargaining sixth-amendment witness-testimony Are the Defendants' Constitutional Rights Under the Sixth and Fifth Amendments to Confront the Witnesses Against Them and to Due Process, Respectively…
18-6159 Charlise Williams v. United States Seventh Circuit 2018-10-01 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidence loss-calculation sentencing sixth-amendment victim-count Was the Petitioners Sixth Amendment right, under the Confrontation Clause violated? Was the Petitioners potentially violated Sixth Amendment Right, u…
18-6060 James Chavez v. Robert LeGrand, Warden, et al. Ninth Circuit 2018-09-20 Denied Response WaivedIFP confrontation-clause crawford-precedent crawford-v-washington cross-examination hearsay-exception preliminary-hearing sixth-amendment testimonial-statements witness-unavailability Whether, pursuant to Crawford v. Washington, 541 U.S. 36 (2004), a Prosecution can Admit Prior Testimonial Statements, Including a Video-taped Intervi…
18-5910 Curtis Dee Packard v. Barry Goodrich, Warden, et al. Tenth Circuit 2018-09-07 Denied Response WaivedIFP 6th-amendment assistance-of-counsel confrontation-clause criminal-procedure due-process ineffective-assistance pro-se-representation public-defender right-to-counsel self-representation sixth-amendment trial-court withdrawal-of-counsel Whether both the trial court and the State's Public Defender's Office invited error and erroneously denied the Petitioner his 6th Amendment rights to …
18-5904 Donavan Cross v. United States Eighth Circuit 2018-09-06 Denied Response WaivedIFP confrontation-clause constructive-delivery constructive-possession controlled-substance-offense controlled-substances criminal-law criminal-procedure drug-delivery due-process intent sentencing sentencing-guidelines testimonial-evidence (1) Whether a statute that criminalizes a constructive delivery of drugs without bona fide intent to transfer possession is a felony "controlled subst…
18-5896 Beverly Allen Baker v. United States Fourth Circuit 2018-09-05 Denied Response WaivedRelisted (2)IFP appellate-procedure civil-rights confrontation-clause conspiracy criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel multiple-conspiracies sentencing sentencing-guidelines sixth-amendment 1. Should BAS cov exercise YS Super visecy authority to reverse Nig Bakers cangpiracy comvichon ® By the end th trial, the government concluded that …
18-5822 Charles O. Keene v. Illinois Illinois 2018-08-29 Denied Response WaivedIFP confrontation-clause criminal-procedure dna-exonerations due-process eyewitness-identification judicial-integrity scientific-evidence scientific-research state-court-rulings state-court-split In criminal cases, where a defendant's conviction is based on eyewitness identification, this Court has found that it was the likelihood of misidentif…
18-5778 Jon Duke DePriest v. Pam Bondi, Attorney General of Florida, et al. Eleventh Circuit 2018-08-27 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure due-process habeas-corpus hearsay sixth-amendment testimonial-hearsay WHETHER PETITIONER'S SIXTH AMENDMENT RIGHT TO CONFRONT WITNESSES AGAINST HIM WERE VIOLATED WHEN THE PROSECUTOR PROVIDED TESTIMONIAL HEARSAY STATEMENTS…
18-5714 Jose A. Rivera-Quinones v. Pennsylvania Third Circuit 2018-08-23 Denied IFP abuse-of-process confrontation-clause constitutional-rights criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process fourteenth-amendment prejudicial-evidence sentencing sixth-amendment subject-matter-jurisdiction Under Our United States Constitution, Amendment VI., Can A Trial Court Posess Subject Matter . Jurisdiction On A Criminal Offense Not Charged Within. …
18-5726 Ruben Cazares v. Texas Texas 2018-08-23 Denied IFP accomplice-statements bruton-error bruton-evidence bruton-v-united-states confrontation-clause crawford crawford-v-washington criminal-procedure evidence-admissibility harmless-error prejudice prejudicial-evidence separate-trials special-prejudice trial-procedure Fifty years ago, this Court began the Bruton era by making two points perfectly clear. One, Bruton evidence is "devastating" to the accused. Bruton v.…
18-221 Carl Mouton v. Arkansas Arkansas 2018-08-21 Denied Response Waived compulsory-process confrontation-clause constitutional-right-to-defense criminal-procedure due-process evidence rape-shield rape-shield-law rape-shield-rule right-to-present-defense sexual-conduct-evidence WHETHER APPLICATION OF THE ARKANSAS RAPE SHIELD RULE AND STATUTE TO PREVENT MOUTON FROM PRESENTING EVIDENCE OF A SEXUAL RELATIONSHIP BETWEEN THE ACCUS…
18-5639 Daniel Castleman, aka Chingachgook v. United States Eleventh Circuit 2018-08-17 Denied Response WaivedIFP best-evidence-rule brady-violation confrontation-clause documentary-evidence due-process evidence evidence-certification federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct DID THE GOVERNMENT COMMIT PROSECUTORIAL MISCONDUCT AND WAS COUNSEL INEFFECTIVE FOR FAILING TO OBJECT OR MOVE TO EXCLUDE GX-DC-2, WHEN THE GOVERNMENT P…
18-5581 George Jenewicz v. New Jersey New Jersey 2018-08-14 Denied IFP 14th-amendment 6th-amendment civil-rights compulsory-process confrontation-clause criminal-procedure cross-examination due-process hearsay Was not allowed to demonstrate to jury my state of mind due to intoxication in regards to the Force Syndrome when I allowed them into my residence wit…
18-5545 Carlos David Lopez v. California California 2018-08-10 Denied Response WaivedIFP compulsory-process confrontation-clause due-process effective-assistance-of-counsel mental-health-records plea-bargaining right-to-compulsory-process right-to-confrontation right-to-counsel sixth-amendment Does a trial court's refusal to review privileged mental health records of the complaining witness during plea negotiations violate the Sixth Amendmen…
18-5502 Susan Joy Jacobson v. Arizona Arizona 2018-08-09 Denied IFP compulsory-process confrontation-clause due-process expert-testimony ptsd ptsd-diagnosis self-defense sixth-amendment Does preclusion of an accused citizen's PTSD diagnosis, proffered to support her self-defense claim, unconstitutionally impinge on her Due Process gua…
18-5534 Juan Carrasquilla-Lombada, et al. v. United States Eleventh Circuit 2018-08-09 Denied IFP confrontation-clause jurisdiction jury-trial maritime-drug-law maritime-drug-law-enforcement-act pre-trial-hearing sixth-amendment statutory-interpretation testimonial-evidence Whether the Maritime Drug Law Enforcement Act, 46 U.S.C. 70501 et. seq., is unconstitutional on its face and in violation of the Sixth Amendment right…
18-5453 Mark Elliott v. Carmen Denise Palmer, Warden Sixth Circuit 2018-08-06 Denied Response WaivedRelisted (2)IFP brady-v-maryland brady-violation confrontation-clause due-process due-process-brady-v-maryland favorable-to-accused hearsay-testimony ineffective-assistance ineffective-assistance-of-counsel material-evidence prosecutorial-misconduct remand-for-coa right-to-confrontation sixth-amendment QUESTION I: In Brady v. Maryland, this Court announced that it violates due process when the prosecution fails to dis close material information fav…
18-5470 Jeremy J. Bohlman v. United States Ninth Circuit 2018-08-06 Denied Response WaivedIFP compulsory-process compulsory-process-clause confrontation-clause criminal-evidence due-process due-process-clause evidence fed-rule-evidence-412 federal-rules-of-evidence-412 rape-allegations rape-shield-law sexual-assault sexual-behavior subsequent-behavior-evidence Whether Fed.R.Evid 412 bars a defendant from introducing evidence showing that the alleged victim engaged in subsequent sexual acts inconsistent with …
18-5458 Kevin Taylor v. Darrel Vannoy, Warden Fifth Circuit 2018-08-03 Denied Response WaivedIFP cause-and-prejudice comity compulsory-process confrontation-clause due-process effective-assistance-of-counsel fundamental-fairness ineffective-assistance-of-counsel sixth-amendment Whether Mr. Taylor's Sixth Amendment right to confront and cross-examine his accusers was violated when he was denied Compulsory Process. Whether Mr.…
18-5438 Ulriste Tulin v. United States Fourth Circuit 2018-08-02 Denied Response WaivedIFP burden-of-proof confrontation-clause criminal-procedure due-process evidence-reliability federal-rules-of-evidence kidnapping new-trial out-of-court-identification suggestive-procedure witness-identification I. Is an out of court identification of a defendant unduly suggestive and unreliable when the police twice showed the victim the same distorted image …
18-5407 Mladen Mitrovic v. United States Eleventh Circuit 2018-08-01 Denied Response WaivedIFP administrative-law civil-procedure confrontation-clause due-process equal-protection federal-rules-of-evidence hearsay right-to-present-defense standing statutory-interpretation witness-unavailability WHETHER THE DISTRICT COURT ERRONEOUSLY EXCLUDED THE STATEMENTS OF UNAVAILABLE WITNESSES, THEREBY DENYING PETITIONER THE RIGHT TO PRESENT A COMPLETE DE…
18-5394 Casey Peebles v. United States Eighth Circuit 2018-07-30 Denied Response WaivedIFP coconspirator-statements confrontation-clause criminal-procedure due-process evidence evidence-rule fair-trial federal-rules-of-evidence hearsay hearsay-exception sixth-amendment In Petitioner's jury trial on federal drug offenses, the district court allowed a prosecution witness to testify to out-of-court statements made by a …
18-5399 Joseph Andrew Perez v. California California 2018-07-30 Denied IFP autopsy-report autopsy-reports confrontation-clause crawford-standard crawford-v-washington criminal-procedure homicide-investigation homicide-investigations sixth-amendment testimonial testimonial-evidence Whether an autopsy report created as part of a homicide investigation, and asserting that the death was caused by homicide, is "testimonial" under the…
18-5366 Ronald David Martin v. Tony Trierweiler, Warden Sixth Circuit 2018-07-26 Denied Relisted (2)IFP appeal confrontation-clause criminal-procedure evidence-admissibility ineffective-assistance ineffective-assistance-of-counsel motion-to-introduce-evidence rape-shield-statute right-to-present-defense trial-court-discretion WHETHER PETTTIONER WAS DEPRIVED OF HIS RIGHT TO CONFRONT WITNESSES, HIS RIGHT TO PRESENT A DEFENSE, AND HIS RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNS…
18-5347 Marquis D. Costic v. Illinois Illinois 2018-07-25 Denied IFP confrontation-clause constitutional-rights credibility cross-examination fifth-amendment jailhouse-informant jury-instructions prosecution-witness prosecutorial-misconduct sixth-amendment witness-disclosure Was my Sixth Amendment U.s. Constitutional Right, under the Confrontation Clause vilated when the prasecution kept interruping during crass examinatio…
18-5349 Tyron Young v. United States Eighth Circuit 2018-07-25 Denied Response WaivedIFP confrontation-clause confrontation-right cross-examination due-process government-informant hearsay out-of-court-allegations reliability sentencing sentencing-hearing sixth-amendment unsworn-testimony I. Whether the Sixth Amendment right to confront and cross-examine adverse witnesses applies at a sentencing hearing where the court bases the sentenc…
18-5331 Ralph Simon Jeremias v. Nevada Nevada 2018-07-24 Denied IFP aggravating-circumstances confrontation-clause constitutional-standard death-penalty due-process hurst-v-florida jury-finding jury-trial mitigating-circumstances ring-v-arizona 1. Whether the Consti tution requi res – i n a state i n whi ch a jury i s requi red to fi nd that mi tigating ci rcumstances do not outwei gh the agg…
18-5301 Cahlan Clay v. United States Eighth Circuit 2018-07-20 Denied Response WaivedIFP compulsory-process confrontation-clause criminal-defense criminal-procedure cross-examination defendant-rights defense-strategy due-process evidence fair-trial judicial-discretion jury-instructions jury-trial trial-procedure witness-examination Whether a court may dictate the manner by which a defendant presents his case to the jury by forcing defense counsel to rely exclusively on the cross-…
18-5259 Olin Ray Nowlin v. Joe Shannon, Jr., et al. Fifth Circuit 2018-07-19 Denied IFP 6th-amendment compulsory-process confrontation-clause constitutional-rights criminal-procedure due-process equal-protection legal-deprivation liberty-interest procedural-law state-jurisdiction To Be Confronted with The witnesces against Him: To have Compulsory Process For Obtaining Witnesses In His Favor? dbesordoes it Not guaranter In Our C…
18-5281 Vincent Craig Mosley v. United States Fourth Circuit 2018-07-19 Denied Response WaivedIFP co-defendant compulsory-process confrontation-clause criminal-procedure criminal-trial drug-conspiracy due-process evidence evidence-admission plea-agreement plea-bargaining witness-testimony The question presented is: Whether a criminal defendant in a drug conspiracy trial is entitled to see the plea agreements of non-testifying co-defenda…
18-5189 Glenvert Green v. United States Third Circuit 2018-07-10 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process fifth-amendment hearsay hearsay-evidence sentencing sentencing-procedure sixth-amendment victim-impact-statement victim-impact-statements A. Do the Sixth and Fifth Amendments provide a criminal defendant with a right to cross-examine a government witness who testifies during a sentencing…
18-5173 Wilberth Medina Garcia v. United States Fifth Circuit 2018-07-09 Denied Response WaivedIFP confrontation-clause criminal-procedure deportation due-process evidence-law hearsay immigration immigration-law sixth-amendment testimonial-evidence testimonial-hearsay 1. Whether an immigration officer's formalized statements relating the fact of an alien's removal constitute testimonial hearsay for the purposes of a…
18-5148 Marcus Blalock v. Ohio Ohio 2018-07-06 Denied Response WaivedIFP actual-innocence appellate-review confrontation-clause due-process law-of-case law-of-the-case new-evidence new-trial newly-discovered-evidence prosecutorial-misconduct right-to-due-process WHETHER PETITIONER WAS DENIED HIS RIGHT TO DUE PROCESS OF LAW; WHEN THE TRIAL COURT FAILED TO FOLLOW THE LAW OF THE CASE DOCTRINE FROM A PREVIOUS APPE…
18-5053 Andres A. Lopez-Martinez v. United States Eleventh Circuit 2018-06-29 Denied Response WaivedIFP compulsory-process confrontation-clause constitutional-right criminal-procedure defense-presentation due-process harmless-error judicial-review police-misconduct prosecutorial-misconduct right-to-present-defense structural-error Whether it is time to revisit the harmless error standard when a defendant is deprived of his constitutional right to present a defense.
18-5015 Edwin Aponte v. Eric Tice, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2018-06-28 Denied Response WaivedIFP civil-rights confrontation-clause due-process habeas-corpus ineffective-assistance-of-counsel merits-review procedural-default prosecutorial-misconduct self-defense sixth-amendment state-appellate-procedure A. Was petitioner's prosecutorial misconduct claim procedurally defaulted for failing to present it in state appellate procedure rule when the highest…
18-5031 Jabbar Wallace v. Kevin Kauffman, Superintendent, State Correctional Institution at Huntingdon, et al. Third Circuit 2018-06-28 Denied Response WaivedIFP 6th-amendment confrontation-clause constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel ineffective-counsel murder-conviction self-defense self-defense-right sixth-amendment THE PETITIONER IN THIS CASE ACTED IN SELF, DEFENSE WHEN ATTACKED BY THE DECEDENT AND HIS FRIENDS WHILE IN THE RESTROOM. THE PETITIONER WAS IN DANGER O…
25A847 Charles Victor Thompson v. Texas Texas Denied autopsy-report capital-murder confrontation-clause medical-examiner sixth-amendment surrogate-testimony Question not identified.