criminal-indictment
46 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6819 | Brandon Prawl v. United States | Second Circuit | 2026-02-13 | Pending | Response WaivedIFP | appellate-review constructive-amendment criminal-indictment due-process fifth-amendment sixth-amendment | The Petitioner, Brandon Prawl, was indicted for one crime but convicted of a different crime and sentenced to a consecutive 60-month prison term. Does… |
| 25-6600 | Naveed Rasheed Shike v. United States | Fifth Circuit | 2026-01-16 | Denied | Response WaivedIFP | criminal-indictment criminal-procedure evidence-suppression judicial-review legal-dismissal suppression-motion | I. Whether Shike's suppression motion should have been granted? II. Whether Shike's indictment should have been dismissed? |
| 25-6513 | Alexander Jon Ogilvie v. United States | Tenth Circuit | 2026-01-07 | Denied | Response WaivedIFP | constitutional-rights criminal-indictment firearms-regulation gun-possession second-amendment statutory-interpretation | Whether 18 U.S.C. 922(n), the federal statute that prohibits those under indictment from shipping, transporting, or receiving any firearm or ammunitio… |
| 25-6199 | Edgar Rene Garcia-Limon v. United States | Tenth Circuit | 2025-11-21 | Denied | Response WaivedIFP | child-sexual-abuse constitutional-sufficiency criminal-indictment criminal-procedure sexual-abuse statutory-language | Whether an indictment charging violations of 18 U.S.C. § § 2241(c) and 2244 is constitutionally sufficient when it alleges only that the charged acts … |
| 25-5181 | Samuel Adam Sanchez-Tena v. United States | Fifth Circuit | 2025-07-23 | Denied | Response WaivedIFP | constitutional-rights criminal-indictment federal-law firearm-possession second-amendment statutory-interpretation | Does 18 U.S.C. § 922(n), the federal statute that prohibits anyone who has been indicted of "a crime punishable by imprisonment for a term exceeding o… |
| 24-7342 | Jose Gomez Quiroz v. United States | Fifth Circuit | 2025-06-02 | Denied | Response WaivedIFP | constitutional-rights criminal-indictment federal-firearms-law firearm-possession second-amendment statutory-interpretation | Does 18 U.S.C. § 922(n), the federal statute that prohibits anyone who has been indicted of "a crime punishable by imprisonment for a term exceeding o… |
| 24-779 | Roger Paul Bradford v. United States | Eighth Circuit | 2025-01-23 | Denied | Response Waived | criminal-indictment criminal-procedure district-court-jurisdiction judicial-review prosecutorial-discretion statutory-interpretation | Whether an indictment that alleges conduct outside the reach of a criminal statute precludes a district court from exercising jurisdiction to adjudica… |
| 23-7242 | Juan Avendano v. Illinois | Illinois | 2024-04-17 | Denied | Response WaivedIFP | constitutional-rights criminal-indictment criminal-procedure double-jeopardy due-process fifth-amendment jury-instructions jury-verdict statutory-interpretation statutory-offense | Whether a defendant's rights under the Double Jeopardy Clause of the Fifth Amendment are violated when the prosecution brings multiple, factually iden… |
| 23-1036 | Robert John Dodd v. Chadwick Dotson, Director, Virginia Department of Corrections | Fourth Circuit | 2024-03-19 | Denied | constitutional-violation criminal-indictment criminal-procedure double-jeopardy due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel | Dodd was indicted on nine counts for the sexual abuse of a child fifteen years prior. Each count of the indictment was an identical carbon copy, inclu… | |
| 23-6849 | Juan Salazar-Grimaldo v. United States | Fifth Circuit | 2024-02-28 | Denied | Response WaivedIFP | constitutional-procedure criminal-indictment criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6478 | Michael Alan Welker v. United States | Eighth Circuit | 2024-01-12 | Denied | Response WaivedIFP | civil-rights criminal-indictment deception due-process eighth-circuit fraud mail-fraud marital-property marriage property wire-fraud | Whether a husband's actions in deceiving his wife regarding marital property constitutes federal mail and wire fraud? |
| 23-6411 | Gilberto Salvador Cortez-Garcia v. United States | Fifth Circuit | 2024-01-04 | Denied | Response WaivedIFP | burden-of-proof criminal-indictment criminal-procedure defendant-rights due-process jury-determination jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-5759 | Meredith McConnell v. United States | Ninth Circuit | 2023-10-11 | Denied | Response WaivedIFP | criminal-indictment false-statements federal-statute materiality neder-v-united-states ninth-circuit omissions wire-fraud | Does an indictment charging the offense of wire fraud, in violation of 18 U.S.C. § 1343, require pleading and proof of a specific false statement or o… |
| 23-5718 | Adam Neftali Santana v. United States | Third Circuit | 2023-10-04 | Denied | Response WaivedIFP | 4th-amendment conspiracy-charge criminal-indictment criminal-procedure evidence evidence-sufficiency firearm-possession motion-to-suppress search-warrant standing | 1. Did the Court err when it denied Petitioner's Motion to Suppress the evidence obtained through the execution of the contingency search warrant? 2.… |
| 23-5668 | Maurice Bellamy v. United States | District of Columbia | 2023-09-28 | Denied | Response WaivedIFP | appellate-review constitutional-vagueness count-severance criminal-indictment criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process indictment joinder severance trial-court-discretion | I. Whether the trial court erred when it denied defendant's repeated motions to sever counts in the indictment II. Whether the cruel, heinous and atr… |
| 22-6691 | Hugues-Denver Akassy v. Michael Kirkpatrick, Superintendent, Clinton Correctional Facility | Second Circuit | 2023-02-02 | Denied | Response WaivedIFP | criminal-charges criminal-indictment due-process habeas-corpus indigent-defendant judicial-procedure rape-case standing subject-matter-jurisdiction | Can a court with lack of subject matter jurisdiction permit trumped-up criminal charges and indigent defendant to stand trial on charges not made in i… |
| 22-5242 | Tavaras Etone Warren v. United States | Sixth Circuit | 2022-08-01 | Denied | Response WaivedIFP | 18-usc-924(c) aiding-and-abetting crime-of-violence criminal-indictment due-process firearm-possession ineffective-assistance-of-counsel legal-exclusion statutory-interpretation | In an indictment for violation of 18 U.S.C. § 924(c)(1)(A), where the underlying conviction is for possession, use or carrying a firearm during and in… |
| 22-5104 | Nakia Adams v. United States | Third Circuit | 2022-07-14 | Denied | Response WaivedIFP | burden-of-proof criminal-indictment criminal-procedure due-process felon-in-possession indictment speedy-trial third-circuit | 1. Did the Third Circuit error by not dismissing Mr. Adams' indictment on speedy trial ground and/or the Government's failure to prove that he is a fe… |
| 21-7832 | Daniel Casamayor v. United States | Eleventh Circuit | 2022-05-10 | Denied | Response WaivedIFP | criminal-indictment criminal-law due-process felon-in-possession firearm-statute indictment knowledge-element rehaif-v-united-states statutory-interpretation supreme-court-precedent | 1. Should a writ of certiorari be granted to determine if in light of Rehaif v. United States, 139 S.Ct. 2191 (2019), if Casamayor 's indictment charg… |
| 21-7047 | In Re Daren Kareem Gadsden | 2022-02-03 | Denied | IFP | constitutional-violation criminal-indictment criminal-procedure double-jeopardy due-process federal-indictment federal-jurisdiction fifth-amendment sentencing sentencing-authority | Whether or not the U.S. District Court for the District of Maryland exceeded its authority and/or jurisdiction by punishing petitioner to a (23) twent… | |
| 21-7005 | Adam M. DeVore v. Kenneth Black, Warden | Ohio | 2022-01-28 | Denied | Response WaivedRelisted (2)IFP | appellate-review civil-procedure criminal-indictment due-process fourteenth-amendment jurisdiction jurisdictional-change location-modification ohio-supreme-court venue | If an indictment alleges an offense occurring at the county of Ashland in the State of Ohio, can jurisdiction over the offense be lost if the loca ti… |
| 21-580 | Vitaly Korchevsky v. United States, et al. | Second Circuit | 2021-10-20 | Denied | Response Waived | criminal-indictment criminal-procedure due-process evidence grand-jury grand-jury-clause insider-trading material-nonpublic-information securities-exchange-act securities-fraud stock-trading | 1. The Grand Jury Clause of the United States Constitution states that "[n]o person shall be held to answer for a capital, or otherwise infamous crime… |
| 21-5286 | Gerald M. Calmese v. Arizona | Arizona | 2021-08-04 | Denied | IFP | conviction criminal-indictment double-jeopardy due-process essential-elements fraudulent-schemes indictment legal-sufficiency multiplicity sentencing-error | Is there legally sufficient evidence to establish beyond a reasonable doubt the required element for fraudulent schemes for which the petitioner was c… |
| 20-8415 | Demario Deshawn Simpson v. United States | Sixth Circuit | 2021-06-25 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | count-specific-plea criminal-indictment criminal-procedure due-process federal-rules-criminal-procedure jurisdiction partial-guilty-plea plea-bargaining plea-entry sentencing-guidelines sixth-amendment | Whether a defendant has a right under the Federal Rules of Criminal Procedure to enter a partial guilty plea (without a plea agreement or any plea bar… |
| 20-7871 | Jemone Lawrence Walker v. United States | Eleventh Circuit | 2021-04-28 | Denied | IFP | appellate-procedure criminal-indictment fairness-integrity-public-reputation federal-jurisdiction intervening-supreme-court-decision plain-error-review subject-matter-jurisdiction substantial-rights trial-record | I. Whether the district court lacked subject matter jurisdiction over Mr. Walker's case because the indictment failed to state an offense against the … |
| 20-1514 | Robert John Dodd v. Harold W. Clarke, Director, Virginia Department of Corrections | Virginia | 2021-04-28 | Denied | child-sexual-abuse criminal-indictment criminal-procedure double-jeopardy due-process indictment ineffective-assistance ineffective-assistance-of-counsel legal-proceeding statute-of-limitations trial-counsel | Dodd was indicted on nine counts for the sexual abuse of a child more than fifteen years ago. Each count of the indictment was an identical carbon cop… | |
| 20-7838 | Edward M. Vargas, Sr. v. Craig Koenig, Warden | Ninth Circuit | 2021-04-23 | Denied | Response WaivedIFP | conspiracy conspiracy-charge criminal-indictment criminal-procedure due-process fair-notice indictment jury-conviction jury-instructions ninth-circuit | Whether the Ninth Circuit misapplied this Court's precedents in ruling that Petitioner was not denied fair notice of the charges against him despite t… |
| 20-7740 | Jason Robert Vickers v. Kenneth Diggs, Warden | Fourth Circuit | 2021-04-14 | Denied | Response WaivedIFP | criminal-indictment criminal-procedure due-process evidence-fabrication exculpatory-evidence guilty-plea ineffective-assistance-of-counsel ineffective-counsel plea-bargaining prosecutorial-misconduct wrongful-conviction | Whether a Criminal defendant is indicted in order to charge and/or convict with a harsher Crime, if a Criminal defendant is indicted with a particular… |
| 20-7502 | Vaughn Alexander Cropper v. United States | Eleventh Circuit | 2021-03-19 | Denied | IFP | 2nd-amendment appellate-review civil-rights constitutional-challenge criminal-indictment criminal-procedure due-process federal-jurisdiction firearms-regulation Second-Amendment standing statutory-interpretation | Question not identified. |
| 20-7207 | Manuel de Jesus Gordillo-Escandon v. United States | Fourth Circuit | 2021-02-22 | Denied | IFP | criminal-indictment criminal-procedure due-process interstate-agreement-detainers interstate-agreement-on-detainers-act judicial-procedure jurisdiction speedy-trial-act statutory-interpretation trial-timing | 1. Did the district court err when it failed to dismiss the indictment under the Speedy Trial Act ("STA"), 18 U.S.C. §§ 3161-3174, when the trial did … |
| 20-6690 | Randolph Burleson v. United States | Ninth Circuit | 2020-12-22 | Denied | Relisted (2)IFP | constitutional-rights criminal-indictment criminal-law federal-jurisdiction fifth-amendment indictment jurisdiction mens-rea sixth-amendment | 1. Circuit courts are split on whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential mens rea … |
| 20-6583 | Edgar Espinoza v. United States | Ninth Circuit | 2020-12-09 | Denied | Relisted (2)IFP | constitutional-defect criminal-indictment criminal-procedure federal-jurisdiction fifth-amendment guilty-plea indictment jurisdiction mens-rea sixth-amendment | 1. Circuit courts are split on whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential mens rea … |
| 20-6007 | William Harold Wright, Jr. v. United States | Eleventh Circuit | 2020-10-14 | Denied | Response WaivedRelisted (2)IFP | constitutional-challenge criminal-indictment criminal-procedure due-process indictment judicial-review prosecutorial-discretion statutory-interpretation sufficiency-of-evidence venue | Did the Delaware Court Erect to Denie doaht's Modton bo t SINS Che Naictineit? |
| 20-5949 | Timmy Scott v. United States | Fifth Circuit | 2020-10-08 | Denied | Relisted (4)IFP | criminal-indictment criminal-law felon-in-possession firearms-possession indictment jury-instructions mens-rea prohibited-status rehaif rehaif-challenge | 1) Whether Rehaif's mens rea requirement is limited to whether or not the defendant knew he was a convicted felon alone, or whether it requires him to… |
| 20-338 | Johnny Clyde Benjamin, Jr. v. United States | Eleventh Circuit | 2020-09-15 | Denied | Response Waived | 11th-circuit controlled-substances-act criminal-indictment federal-district-court furanyl-fentanyl indictment jurisdictional-defect statutory-interpretation subject-matter-jurisdiction | LACK OF SUBJECT MATTER JURISDICTION Federal district courts have their jurisdiction limited to violations of laws of the United States. During the per… |
| 20-5479 | Santos Mondragon Benitez v. United States | Fifth Circuit | 2020-08-25 | Denied | Response WaivedIFP | burden-of-proof criminal-indictment criminal-procedure defendant-rights due-process jury-determination jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-7916 | Mark Gelazela v. United States | Ninth Circuit | 2020-03-10 | Denied | Response WaivedIFP | 18-usc-3282 continuing-offense criminal-indictment criminal-procedure federal-prosecution lulling statute-of-limitations time-barred wire-fraud | Whether after-the-fact "lulling" allegations extend the statute of limitations for wire fraud beyond the five-year period authorized by 18 U.S.C. § 32… |
| 19-7539 | Shamir Kane v. United States | Third Circuit | 2020-02-04 | Denied | Response WaivedIFP | criminal-indictment criminal-procedure criminal-procedure-joinder federal-rules-of-criminal-procedure federal-rules-of-evidence hobbs-act joinder severance witness-tampering | 1. Did the Court of Appeals err in upholding the District Court's joinder, under Fed. R. Crim. P. 8, of counts in an indictment related to one Hobbs A… |
| 19-7189 | Kevin D. Moore v. United States | Fifth Circuit | 2020-01-08 | Denied | Response WaivedRelisted (2)IFP | bias civil-rights criminal-indictment due-process federal-procedure federal-rules-of-criminal-procedure judicial-bias judicial-misconduct judicial-recusal prosecutorial-misconduct recusal standing | 1) Did the United States District Court (USDC) judge Reed Charles O'Connor abuse his discretion when he refused to recuse himself/ in violation of the… |
| 19-6538 | Levi Jermaine Griffin v. United States | Eleventh Circuit | 2019-11-07 | Denied | Response WaivedIFP | burden-of-proof child-pornography criminal-indictment criminal-knowledge criminal-law criminal-procedure due-process evidence jury-instructions mens-rea possession-of-child-pornography reasonable-doubt statutory-elements | WHETHER THE EVIDENCE WAS INSUFFICIENT TO SATISFY THE GOVERNMENT'S BURDEN TO PROVE THE ELEMENT OF KNOWLEDGE AS TO THE POSSESSION OF CHILD PORNOGRAPHY C… |
| 19-300 | Beth Lewis Maze, Circuit Judge v. Kentucky Judicial Conduct Commission | Kentucky | 2019-09-05 | Denied | administrative-hearing civil-proceeding civil-rights criminal-indictment criminal-procedure due-process fifth-amendment judicial-conduct self-incrimination stay | Petitioner, a Kentucky Circuit Judge, has been charged by the Kentucky Judicial Conduct Commission in a civil proceeding that could result in removal … | |
| 19-5623 | Deshawn Legrier v. United States | Second Circuit | 2019-08-16 | GVR | IFP | 18-usc-922 18-usc-924 criminal-indictment criminal-procedure due-process federal-jurisdiction firearms firearms-possession indictment knowingly-element rehaif-standard rehaif-v-united-states statutory-interpretation subject-matter-jurisdiction | In light of this Court's decision in Rehaif v. United States, 139 S.Ct. 2191 (2019) -- which held that the elements of an offense under 18 U.S.C. § 92… |
| 18-7305 | William Hilts v. United States | Second Circuit | 2019-01-09 | Denied | Response WaivedIFP | constitutional-rights criminal-indictment criminal-procedure due-process fifth-amendment grand-jury hearsay hearsay-testimony indictment witness-testimony | Whether a criminal defendant's right to be prosecuted on an indictment voted by a Grand Jury under the Fifth Amendment to the United States Constituti… |
| 18-762 | Jaime Valente Pina, Jr. v. United States | Sixth Circuit | 2018-12-14 | Denied | Relisted (2) | conflict-of-interest criminal-indictment federal-prosecution plea-bargaining pre-indictment right-to-counsel sixth-amendment state-charges state-prosecution | Petitioner Jaime V. Pina, Jr., and his younger brother Angel were charged in state court with possession with intent to deliver cocaine. An attorney h… |
| 18-6948 | William Gavidia v. United States | Fourth Circuit | 2018-12-06 | Denied | Response WaivedIFP | civil-rights common-heritage crimes-of-violence criminal-indictment criminal-procedure due-process enterprise indictment pattern-of-activity pattern-of-racketeering racketeering racketeering-activity | Whether those of common heritage constitute an enterprise that should be indicted and tried together and any crimes of violence they commit constitute… |
| 18-6468 | Bernabe Lugo-Santiago v. United States | First Circuit | 2018-10-29 | Denied | Response WaivedIFP | constitutional-challenge criminal-indictment criminal-law criminal-procedure due-process firearm firearm-regulation firearms indictment interstate-commerce jury-finding jury-instructions prosecutorial-burden | This case presents 3 narrow and discrete questions for this Court to consider, viz. - what happens when (a) the Government fails to allege in an indic… |