criminal-evidence

43 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A283 Thomas Oscar Cady v. Washington Washington 2025-09-11 Presumed Complete constitutional-privacy criminal-evidence due-process hospital-records medical-records patient-privacy Question not identified.
24-7490 Clint Robert Schram v. United States Eighth Circuit 2025-06-24 Denied Response WaivedIFP child-pornography criminal-evidence due-process minor-exploitation sentencing-standards uncharged-misconduct I. Given the increasing ease of creating of artificial images, is the government required to present evidence that the images it contends are of minor…
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 …
24A120 Matthew Peddicord v. United States Eleventh Circuit 2024-08-01 Presumed Complete criminal-evidence evidence-404b felon-in-possession knowledge-inference prior-conviction propensity-reasoning Question not identified.
23-7764 Leon Davis, Jr. v. Florida, et al. Florida 2024-06-20 Denied IFP bad-acts ballistics-evidence capital-case criminal-evidence criminal-procedure-ineffective-assistance-of-couns ineffective-assistance other-crimes-evidence postconviction-review prejudice strickland-standard strickland-v-washington trial-counsel Whether in a case with no direct evidence connecting the defendant to the crime except the introduction of evidence of other crimes or bad acts, the S…
23-7654 Tildren Sherron Hunter v. United States Fourth Circuit 2024-06-06 Denied Response WaivedIFP appellate-standard criminal-evidence criminal-law drug-crimes evidence fourth-circuit-review intent intent-to-distribute jury-verdict methamphetamine-possession standard-of-review sufficiency-of-evidence Whether the Fourth Circuit improperly upheld Mr. Hunter's conviction of possession with intent to distribute methamphetamine where the Government fail…
23-7097 Travis C. Crosby v. United States Eleventh Circuit 2024-03-28 Denied Response WaivedIFP conspiracy criminal-evidence criminal-procedure due-process eleventh-circuit evidence fraud fraud-charges ppp-loans relevant-conduct rule-404b sentencing (1) Whether the Eleventh Circuit erred in finding that the district court did not abuse its discretion by admitting Rule 404 (b) evidence of fraudulen…
23-6588 Aaron Ramirez Espinoza v. United States Ninth Circuit 2024-01-26 Denied Response WaivedIFP co-conspirator conspiracy criminal-evidence criminal-law due-process evidence government-informant sufficiency-of-evidence testimony witness-testimony Whether a government informant and co-conspirators testimony of another's involvement in the conspiracy is sufficient evidence to sustain a conviction…
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…
22-6442 Brennan Thomas Baker v. Wyoming Wyoming 2023-01-04 Denied Response WaivedIFP abuse-of-discretion cell-phone-recording criminal-evidence criminal-procedure due-process evidence evidentiary-abuse-of-discretion fourth-amendment legal-admissibility surveillance surveillance-footage witness-testimony DID THE DISTRICT COURT ABUSE ITS DISCRETION WHEN IT ADMITTED THE STATE'S CELL PHONE RECORDING OF SURVEILLANCE FOOTAGE THAT CAPTURED THE ALTERCATION BE…
22-6311 Massey L. Allen, Jr. v. Nebraska Nebraska 2022-12-15 Denied IFP criminal-evidence criminal-procedure due-process evidence fourteenth-amendment jackson-v-virginia miranda-rights post-miranda-silence reasonable-doubt standard-of-review sufficiency-of-evidence 1. Whether there was sufficient evidence adduced at trial to convict Petitioner of the offense beyond a reasonable doubt under this Court's holding …
22-6085 Curtis Neville v. United States Fifth Circuit 2022-11-18 Denied Response WaivedIFP brady-materiality brady-v-maryland cooperating-witness credibility criminal-evidence due-process due-process-violation kyles-v-whitley material-evidence prosecutorial-disclosure witness-credibility In a prosecution built almost entirely on the credibility of cooperating Government witnesses, is an incentivized cooperating witness's letter address…
22-77 David Brown v. Louisiana Louisiana 2022-07-27 Denied Amici (3)Relisted (7) brady-disclosure brady-v-maryland criminal-evidence criminal-procedure due-process exculpatory-evidence favorable-evidence material-evidence materiality-standard third-party-confession Where a defendant denies participating in a particular criminal act, is another person's confession stating that he and someone else committed the act…
21-7508 Draven Greene v. United States Sixth Circuit 2022-03-31 Denied Response WaivedIFP 4th-amendment caretaker-exception constitutional-rights criminal-evidence evidence-suppression exclusionary-rule fourth-amendment police-misconduct search-and-seizure vehicle-search warrantless-search Whether the Fourth Amendment to the U.S. Constitution extends to occupied vehicles in non-emergency caretaker searches and whether such searches shoul…
21-7384 Joseph Valchez Laue v. Louisiana Louisiana 2022-03-16 Denied Response WaivedIFP circumstantial-evidence constitutional-sufficiency criminal-evidence due-process jackson-v-virginia jury-verdict legal-standard lsa-r.s.-15-438 rational-trier-of-fact reasonable-doubt state-burden-of-proof trier-of-fact 1. Reasonable jurists would determine that the jury's verdict as to Count One should be reversed as the evidence against Mr. Lane was constitutionally…
21-6701 Nakyia D. Parker v. Douglas Fender, Warden Sixth Circuit 2021-12-22 Denied Response WaivedIFP consecutive-sentences constitutional-rights constructive-possession criminal-evidence due-process fair-trial jury-instructions motion-to-suppress sentencing-error sufficiency-of-evidence WHETHER PETITIONER-APPELLANT, PARKER WAS DENIED A FAIR AND IMPARTIAL TRIAL DUE TO SEVERAL MAJOR CONSTITUTIONAL AND DUE PROCESS RIGHT VIOLATIONS THAT I…
20-8322 Fabian Perpall v. United States Eleventh Circuit 2021-06-15 Denied IFP circuit-split contested-issue criminal-evidence criminal-procedure federal-rules-of-evidence not-guilty-plea plea-of-not-guilty prior-bad-acts rule-404(b) rule-404b state-of-mind By pleading not guilty, can a defendant make his prior convictions admissible under Rule 404(b) to show "state of mind"?
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…
20-6777 James Baxton v. United States Fourth Circuit 2021-01-05 Denied Response WaivedIFP conspiracy criminal-evidence criminal-law criminal-procedure district-court due-process evidence fourth-circuit rico rico-conspiracy sentencing sentencing-guidelines I. Whether the Government produced sufficient evidence to prove beyond a reasonable doubt that the Petitioner's actions were part of a Rico Conspiracy…
20-6465 Damontaze Montrell Tillery v. United States Fourth Circuit 2020-11-27 Denied Response WaivedIFP convicted-felon criminal-evidence criminal-procedure drug-trafficking due-process firearm-possession motion-for-acquittal sentencing sentencing-guidelines sufficiency-of-evidence Whether the Court of Appeals erred in affirming the District Court's decision to overrule Petitioner's motion for acquittal when the evidence at trial…
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…
19-7096 David Lee Smith v. Rick Jackson Fourth Circuit 2019-12-30 Denied Response WaivedRelisted (2)IFP civil-rights criminal-evidence criminal-procedure due-process evidence evidentiary-standard fingerprint fingerprint-analysis jury jury-confusion probable-cause standing wrongful-conviction ARE 92954 PETITLONER(S\ ENTITLLEA TO REAAAND, INILTH INSTRUCTIONS FOR AISTRICT COURT TQ ORDER CASE ATSMISSED AITTH PREAUDICERECAUSE OF PROSEC.UTIPS ON…
19-6816 Michael J. Warner, II v. Maine Maine 2019-12-03 Denied Response WaivedIFP affidavit burglary cell-phone-data criminal-evidence nexus nexus-requirement probable-cause search-warrant Whether an affidavit in support of a search warrant that contains neither specific allegations that a burglary suspect's cell phone data contain evide…
19-6411 Tyler Joseph Barefield v. Arkansas Arkansas 2019-10-28 Denied Response WaivedIFP alternative-perpetrator alternative-perpetrator-evidence constitutional-law constitutional-rights criminal-evidence criminal-procedure due-process evidence right-to-defense right-to-present-defense state-evidentiary-requirements state-evidentiary-rules To what extent— consistent with the right to present a defense — may a State restrict the ability of a defendant to present evidence tending to establ…
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…
19-5970 Murad Razzaq v. Kansas Kansas 2019-09-17 Denied Response WaivedIFP criminal-evidence criminal-procedure defendant-rights due-process due-process-clause evidence evidentiary-rules prior-bad-acts prior-crimes propensity-evidence state-prosecution state-supreme-courts unrelated-crimes Does a state violate a defendant's due process rights by admitting evidence of a prior, unrelated crime?
19-5876 Joachim Dressler v. Circuit Court of Wisconsin, Racine County Wisconsin 2019-09-09 Denied Response WaivedIFP censorship civil-rights content-seizure criminal-evidence criminal-procedure due-process evidence first-amendment free-speech freedman-v-maryland judicial-review prior-restraint procedural-safeguards southeastern-promotions-ltd-v-conrad Do this Court's First Amendment "prior restraint" holdings that command "strict procedural safeguards" designed to obviate the dangers of a freewheeli…
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…
19-5204 Jesus Loya Quezada v. Rick Raemisch, Executive Director, Colorado Department of Corrections, et al. Tenth Circuit 2019-07-18 Denied Response WaivedIFP appeal citizenship civil-rights constitutional-rights criminal-evidence criminal-procedure due-process evidence harmless-error paper-foundation standing state-court uncorroborated-evidence I wish for the court to review the errors Comitted in vidence Was allowed nowever I do not agree on the basis that now I have a criminal record and wi…
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…
18-9572 William Paul Cox, Jr. v. United States Ninth Circuit 2019-06-06 Denied Response WaivedIFP 18-usc-922(g)(1) 18-usc-922g county-jail criminal-evidence criminal-procedure felon-in-possession guilty-plea jail-phone-calls stored-communications-act suppression-of-evidence suppression-of-phone-calls WHETHER PETITIONER, AN ARRESTED AND PREVIOUSLY CONVICTED FELON, HAD AN ENFORCEABLE CLAIM UNDER THE STORED COMMUNICATIONS ACT FOR SUPPRESSION OF PHONE …
18-9461 Antonio Tillmon v. United States Fourth Circuit 2019-05-30 Denied Response WaivedIFP conviction criminal-evidence criminal-procedure drug-distribution due-process evidence fourth-amendment fourth-circuit-review insufficient-evidence judicial-review right-to-a-fair-trial sufficiency-of-evidence undercover-agent undercover-operations I. Whether the Fourth Circuit erred by concluding that there was sufficient evidence to support Mr. Tillmon's convictions on Counts 1, 2, 48, and 49? …
18-8974 Stanley Bruce Roberson v. Texas Texas 2019-04-24 Denied Response WaivedIFP appellate-review criminal-evidence criminal-procedure due-process equal-protection evidence scientific-evidence scientific-reliability statistical-extrapolation statistical-sampling unvalidated-methods Does the unvalidated method of statistical extrapolation used to confirm quality and quantity of controlled substances constitute scientifically relia…
18-8873 Tracy Devon Thomas v. United States Ninth Circuit 2019-04-17 Denied Response WaivedIFP 4th-amendment criminal-evidence evidence judicial-standard law-enforcement perpetrator probable-cause search-warrant shooting standing vehicle-rental Can the common-sense standard of probable cause be so reduced as to allow a search warrant to be issued on the basis that a person rented a vehicle th…
18-8600 Tony McLeod v. United States Ninth Circuit 2019-03-29 Denied Response WaivedIFP cell-phones circuit-split criminal-evidence digital-forensics expert-testimony federal-rules-of-evidence fourth-amendment internet-anonymity lay-testimony mens-rea rule-702 sixth-amendment statutory-interpretation 1. Whether using Cellebrite technology to download forensic digital evidence from a cell phone requires specialized or technical knowledge so that the…
18-7973 Jaime Villa v. United States Ninth Circuit 2019-02-14 Denied Response WaivedIFP bank-robbery burden-of-proof crime-of-violence criminal-evidence criminal-law criminal-procedure due-process eighth-amendment federal-rules-of-evidence jury-instructions reasonable-doubt sufficiency-of-evidence I. Whether There Was Insufficient Evidence To Prove Villa Guilty Beyond A Reasonable Doubt? II. Whether Armed Bank Robbery Constitutes A Crime Of Vio…
18-7424 William Felix Vail v. Louisiana Louisiana 2019-01-15 Denied Response WaivedIFP burden-of-proof circumstantial-evidence civil-code criminal-evidence doctrine-of-chances due-process forensic-evidence physical-proof presumption-of-innocence presumptive-evidence reasonable-doubt Did the Stale offer sufficient evidence to prove guilt beyond a reasonable doubt? Should the State have been allowed to offer evidence via the Doctri…
18-7050 Javier Portillo v. United States Ninth Circuit 2018-12-17 Denied Response WaivedIFP border-crossing border-search criminal-evidence criminal-procedure drug-trafficking due-process evidence jury knowledge-standard mens-rea narcotics-possession ninth-circuit standard-of-proof sufficiency-of-evidence trial-sufficiency Whether the Ninth Circuit's analysis of the facts was inadequate and whether, when the entirety of facts presented at trial was considered, there was …
18-6935 Joshua Donald Ewing v. United States Sixth Circuit 2018-12-06 Denied Response WaivedIFP criminal-evidence criminal-procedure drug-transaction due-process electronic-device-evidence evidence jackson-v-virginia registration standard-of-proof user-identification Whether this Court's Opinion in Jackson v. Virginia, 443 U.S. 307, 319 (1979) needs updating to address what constitutes sufficient evidence, in ident…
18-491 Cameron Heath Ray v. Oklahoma Oklahoma 2018-10-17 Denied appellate-division circuit-split criminal-evidence criminal-procedure evidence fourth-amendment immediate-mobility law-enforcement mobility probable-cause search-and-seizure vehicle-search vehicle-seizure Whether it violates the Fourth Amendment to characterize a criminal suspect's car as evidence of a crime when the car is not used in the crime at issu…
18-6313 Lacoya Washington v. United States Fifth Circuit 2018-10-12 Denied Response WaivedIFP appeal conviction criminal-evidence criminal-law due-process evidence judicial-discretion sentencing sex-trafficking trial trial-severance Whether there was sufficient evidence presented at trial to convict Lacoya Washington of the sex trafficking crime. Whether the Honorable Trial Court…
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…
18-5470 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 …