criminal-prosecution

172 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A895 Charles Kakembo Sessanga v. City of DeSoto Police Department, et al. Fifth Circuit 2026-02-06 Application civil-rights criminal-prosecution malicious-prosecution pro-se-plaintiff probable-cause section-1983 Question not identified. The provided text is an Application for Extension of Time to File Petition for a Writ of Certiorari and includes the Fifth C…
25A853 Joseph Sullivan v. United States Ninth Circuit 2026-01-30 Application criminal-prosecution data-security jury-instruction nexus-requirement obstruction-of-justice statutory-interpretation Question not identified.
25-6644 James Daniel Arbaugh v. United States Fourth Circuit 2026-01-22 Pending Response WaivedIFP constitutional-limits criminal-prosecution foreign-commerce-clause international-law territorial-jurisdiction treaty-power Has America become so great that it need not consider due process, comity among nations, follow international law, or fulfill its treaty obligations? …
25-6320 Dean Spencer v. Utah Utah 2025-12-09 Denied Response WaivedIFP blood-alcohol-concentration criminal-prosecution measurement-error per-se-threshold reasonable-doubt toxicological-evidence 1. In an alcohol DUI prosecution where the only question was if Mr. Spencer's BAC was above Utah's then-applicable per se threshold of 0.08, two toxic…
25-6314 Jose Fernando Lopez-Anchundia v. United States Eleventh Circuit 2025-12-08 Denied Response WaivedIFP constitutional-power criminal-prosecution drug-enforcement extraterritorial-jurisdiction international-law maritime-law 1. Does Congress's power "[t]o define and punish . . . Felonies committed on the high Seas," authorize the United States to impose its laws upon forei…
25-6270 Jhon Henry Alvarado-Valencia v. United States Eleventh Circuit 2025-12-02 Denied Response WaivedIFP congressional-power criminal-prosecution drug-enforcement extraterritorial-jurisdiction international-waters maritime-law Article I, Section 8, Clause 10 of the United States Constitution empowers Congress "[t]o define and punish Piracies and Felonies committed on the hig…
25-576 Stephen Buyer v. United States Second Circuit 2025-11-14 Pending Response RequestedResponse Waived constitutional-limitations criminal-prosecution insider-trading prosecutorial-discretion stock-exchange venue The question presented is whether a stock trading on an exchange whose physical headquarters is located in Manhattan suffices to establish venue in th…
25-6077 In Re Brian William Schumaker 2025-11-10 Denied IFP constitutional-challenge criminal-prosecution district-court federal-jurisdiction newly-discovered-evidence prosecutorial-discretion I. Unless and until, notice of acceptance of jurisdiction is given WHETHER federal courts are without jurisdiction to punish under criminal lews of th…
25-5967 Lynell Guyton v. United States Third Circuit 2025-10-27 Denied Response WaivedIFP analogue-act constitutional-rights controlled-substance criminal-prosecution drug-enforcement due-process 1. Did Congress violate the Necessary and Proper Clause of the Constitution when it authorized the Drug Enforcement Administration to schedule control…
25-396 Hernan Lopez v. United States, et al. Second Circuit 2025-10-03 GVR criminal-prosecution foreign-commercial-bribery honest-services-statute judicial-interpretation second-circuit statutory-vagueness 1. Whether the honest-services statute criminalizes foreign commercial bribery. 2. Whether the honest-services statute is unconstitutionally vague.
25-5759 In Re Anthony Geno Martinson 2025-09-30 Denied IFP constitutional-rights criminal-prosecution custody-conditions extradition-law fugitive-status warrant-validity 1. Is a Criminal prosecution for a civil breach of contract for ASN~ Payment cons diongh 2 ac? 2. Is a Criminal prosecution for debt constr dione? 3…
25-275 Clifford James Frost, Jr. v. Dana Nessel, Attorney General of Michigan Sixth Circuit 2025-09-10 Denied Response Waived bad-faith-prosecution constitutional-challenge criminal-prosecution election-law pre-emption younger-abstention Does the "bad faith" exception to Younger preemption require the plaintiff to show that he or she has been subject to multiple criminal prosecutions a…
25-171 Dimetri Alexander Smith v. United States Eighth Circuit 2025-08-13 Denied Response Waived criminal-prosecution enterprise-structure legal-distinction procedural-requirement racketeering statutory-interpretation In a prosecution for racketeering related offenses, does the enterprise structure need to be distinct from that inherent in the racketeering activity …
25-5302 Cameron Edwards v. United States Fifth Circuit 2025-08-07 Denied Response WaivedIFP commerce-clause criminal-prosecution firearm-possession interstate-commerce second-amendment statutory-interpretation 1. Whether the government's prosecution of petitioner under 18 U.S.C. § 922(g)(1) based on his prior convictions violates the Second Amendment. 2. Wh…
25-5228 Geber Soto v. United States Fifth Circuit 2025-07-29 Denied Response WaivedIFP constitutional-challenge criminal-prosecution firearms-regulation legal-standing second-amendment statutory-interpretation 1. Whether the government's prosecution of petitioner under 18 U.S.C. § 922(a)(1)(A) violates the Second Amendment on its face. 2. Whether the govern…
25A99 Carlos Daniel Canario-Vilomar v. United States Eleventh Circuit 2025-07-24 Presumed Complete criminal-prosecution drug-conspiracy eleventh-circuit maritime-drug-law plea-agreement vessel-jurisdiction Question not identified.
25-5052 Veronica Aquino-Dolores v. United States Ninth Circuit 2025-07-08 Denied Response WaivedIFP arlington-heights-framework civil-rights-law criminal-prosecution discriminatory-purpose legislative-intent racist-origins Whether a legislature can cleanse the taint of a racially discriminatory law by silent reenactment or amendment when the law was originally adopted fo…
24-7339 Jonathan Garcia v. United States Fifth Circuit 2025-06-02 Denied Response WaivedIFP commerce-clause constitutional-rights criminal-prosecution firearm-possession interstate-commerce second-amendment 1. Whether the government may deprive citizens of their Second Amendment rights because they were previously convicted of a non-violent crime. 2. Whe…
24-7106 Feifei Gu v. Leticia James, Attorney General of New York, et al. New York 2025-05-01 Denied IFP attorney-general conspiracy criminal-prosecution judicial-misconduct legal-duty malfeasance 1. Has Letitia James, as Attorney General of NY, neglected her duty when she refused to intervene in the fake criminal prosecution of CR-001793-24/KN …
24-6601 Gabriela Bautista-Perez v. United States Ninth Circuit 2025-02-20 Denied Response WaivedIFP arlington-heights-framework civil-rights-law criminal-prosecution discriminatory-purpose legislative-intent racist-origins Whether a legislature can cleanse the taint of a racially discriminatory law by silent reenactment or amendment when the law was originally adopted fo…
24-875 Lucas Sirois v. United States First Circuit 2025-02-14 Denied Response Waived appropriations-law compliance-standard criminal-prosecution federal-enforcement medical-marijuana state-authorization Since December 2014, Congressional appropriations for the Department of Justice have included the following provision: None of the funds made availab…
24-828 Ricky Durham v. Richard Adams, Warden Missouri 2025-02-04 Denied Response Waived congressional-intent criminal-prosecution federal-preemption habeas-corpus postal-worker-protection supremacy-clause Whether the Supremacy Clause of the United States Constitution preempted the State of Missouri from the prosecution of a criminal defendant for the ki…
24-6427 Jose Paz Medina-Cantu v. United States Fifth Circuit 2025-01-30 Denied Response WaivedIFP constitutional-challenge criminal-prosecution gun-rights historical-analysis second-amendment statutory-interpretation 1. Whether courts must conduct a historical analysis to decide a Second Amendment challenge to a prosecution under 18 U.S.C. § 922(g)(5). 2. Whether …
24A738 Turkiye Halk Bankasi A.S. aka Halkbank v. United States Second Circuit 2025-01-27 Presumed Complete criminal-prosecution executive-power foreign-sovereign-instrumentality international-law separation-of-powers sovereign-immunity Question not identified.
24A712 Steven Aiello, et al. v. United States Second Circuit 2025-01-21 Denied criminal-prosecution federal-fraud-statute honest-services-fraud right-to-control second-circuit wire-fraud Question not identified.
24-6318 Marcus Crowder v. Georgia Georgia 2025-01-16 Denied Relisted (2)IFP acquittal constitutional-law criminal-prosecution double-jeopardy fifth-amendment malice-murder Whether the state of Georgia violates the Fifth Amendment to the United States Constitution's Double Jeopardy Clause when it indicts in multiplicity o…
24-6244 Darrell Smith v. United States Eighth Circuit 2025-01-08 Denied Response WaivedIFP asset-forfeiture constitutional-rights criminal-prosecution due-process legal-representation representative-counsel The questions presented here concern whether '"'Rowland v. California Men's Colony II" should be modified, clarified, or further addressed to answer t…
24A666 Donald J. Trump v. New York, et al. New York 2025-01-08 Denied Amici (2) criminal-prosecution executive-power presidential-immunity state-court transition-period trump-v-united-states Whether President Trump is entitled to an automatic stay of criminal proceedings against him in state court while his claims of Presidential immunity …
24A619 Tonia Scott v. Pennsylvania Third Circuit 2024-12-20 Presumed Complete criminal-prosecution due-process fourteenth-amendment jurisdiction native-american tribal-sovereignty Question not identified.
24A615 Keeba Scott Harris v. Pennsylvania, et al. Third Circuit 2024-12-20 Presumed Complete criminal-prosecution habeas-corpus jurisdictional-challenge native-american sepric-reservation tribal-jurisdiction Question not identified.
24-6158 Elden Don Brannan v. United States Fifth Circuit 2024-12-17 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-prosecution destructive-device firearms-regulation military-ordinance statutory-interpretation weapon-design Whether the Act's instruction that the term destructive device "shall not include any device which is neither designed nor redesigned for use as a wea…
24-654 David Lesh v. United States Tenth Circuit 2024-12-17 Denied Amici (9)Response RequestedResponse WaivedRelisted (2) article-iii constitutional-interpretation criminal-prosecution jury-trial petty-offense sixth-amendment Whether the Constitution's dual guarantee of trial by jury contains an unstated exception for "petty offenses."
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…
24-6083 Joshua Flores v. United States Ninth Circuit 2024-12-05 Denied Response WaivedIFP article-iii constitutional-rights criminal-prosecution jury-trial misdemeanor sixth-amendment Whether Article III 's guarantee of the right to a jury trial for "all Crimes, except in Cases of Impeachment," and the Sixth Amendment's guarantee of…
24-6039 Charles Derryberry v. United States Fifth Circuit 2024-11-26 Denied Response WaivedIFP criminal-prosecution informant-tip law-enforcement probable-cause search-and-seizure weapon-possession Illinois v. Gates, 462 U.S. 218 (1983) established the "totality of the circumstances analysis" for determining if an informant's tip provided suffici…
24-525 John L. Stanton v. United States Sixth Circuit 2024-11-08 Denied Relisted (2) commerce-clause controlled-substances criminal-prosecution medical-practice standard-of-care statutory-interpretation Whether the phrase to measure authorization under 21 U.S.C. § 841(a) can be applied in the disjunctive. If the phrase is applied in the disjunctive, …
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…
24-5853 Chad William Reed v. Oklahoma Oklahoma 2024-10-29 Denied IFP constitutional-rights criminal-prosecution due-process procedural-protections second-amendment self-defense i, Is if Mu thUihiL of cTujku ftOf q PfoSeciAthf h Prtvulty/y Cwmi)' \ 1Ziolihon It) fkny (X Citizen th'j StconJ /hmrtitHwf fijhf of Seif* htftnfi ■ …
24-5623 Tahjair Dorsey v. United States Third Circuit 2024-09-24 Denied Response WaivedIFP constitutional-rights criminal-prosecution firearm-disqualification non-violent-felony second-amendment statutory-interpretation Petitioner Tahjair Dorsey pleaded guilty to felon-with-a-firearm, in violation of 18 U.S.C. § 922(g)(1). His disqualifying prior felony conviction: un…
24A270 David Lesh v. United States Tenth Circuit 2024-09-17 Presumed Complete blanton-precedent constitutional-right criminal-prosecution jury-trial petty-offense sixth-amendment Question not identified.
24-5450 Anthony H. Warnick v. Oklahoma Oklahoma 2024-09-04 Denied Relisted (2)IFP criminal-procedure criminal-prosecution mcgirt-decision state-law tribal-jurisdiction tribal-lands IcLC-k 5 jUf'' 5cl i c_+i ooorrbr^) Can Oklahoma Incarcesochs- ar\ ZL.nd\ar\ pi/rsuarrf "h> a- jpd^rnerff rf dejJo\A q-P lur'isi'icJ-ion ~H>on ~l~o p…
24-5394 Nathan Brooks Manuelito v. United States Ninth Circuit 2024-08-26 Denied Response WaivedIFP criminal-prosecution dual-purpose-statements evidence-reliability federal-rules-of-evidence hearsay-exception medical-treatment Whether statements made, in part, to provide evidence for a criminal prosecution can satisfy the hearsay exception in Federal Rule of Evidence 803(4) …
24-137 Ronald Stuart Lubetsky v. United States Eleventh Circuit 2024-08-07 Denied commerce-clause controlled-substances criminal-law criminal-prosecution due-process medical-practice standard-of-care statutory-interpretation Whether the phrase to measure authorization under 21 U.S.C. § 841(a) can be applied in the disjunctive. If the phrase is applied in the disjunctive, …
24-5172 Hassan Abbas v. United States First Circuit 2024-07-30 Denied Response WaivedIFP conspiracy conspiracy-charges criminal-prosecution first-circuit money-laundering overt-acts venue venue-constitutional-protection wire-fraud Has the First Circuit impermissibly narrowed the constitutional protections as to venue when it comes to wire fraud and money laundering conspiracy pr…
24-5160 Duane Leo Ehmer, Darryl William Thorn, and Jake Ryan v. United States Ninth Circuit 2024-07-29 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure criminal-prosecution ex-parte jury-selection jury-trial petty-offenses presley-v-georgia sixth-amendment structural-error sua-sponte (1) Whether the district court's sua sponte, ex parte, and case-specific excusal of trial jurors for cause constituted reversible structural error? (…
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…
23-7780 Mario Gonzalez-Godinez v. United States Ninth Circuit 2024-06-24 Denied Response WaivedIFP asylum-process asylum-seekers criminal-prosecution custodial-interrogation fifth-amendment miranda-rights miranda-warnings self-incrimination Is a person's Fifth Amendment right to remain silent violated when they are subjected to custodial interrogation and advised that the interrogation ma…
23-7517 Christopher L. Wilson v. Hawaii Hawaii 2024-05-21 Denied Amici (5)Response RequestedResponse WaivedRelisted (9)IFP 2nd-amendment bruen-test civil-rights constitutional-rights criminal-procedure criminal-prosecution due-process licensing-scheme second-amendment self-defense standing supremacy-clause Whether the Bruen test determines when a State's criminal prosecution for carrying a handgun without a license violates the Second Amendment?
23-7376 Rajesh P. Budhabhatti v. United States Ninth Circuit 2024-05-03 Denied Response WaivedIFP 18-usc-1346 collateral-order-doctrine criminal-prosecution honest-services-fraud interlocutory-appeal judicial-resources judicial-review public-official self-dealing statutory-interpretation 1. Skilling v. United States , 561 U.S. 358 (2010), holds that fraudulent self-dealing by a public official is not honest services fraud under 18 U.S.…
23-7019 Quindell Montrae Kirby v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2024-03-19 Denied IFP civil-rights constitutional-rights criminal-prosecution due-process evidence-disclosure exculpatory-evidence fair-trial jurisdiction venue I. Why was "the Circuit Court of the County of Chesterfield Commonwealth of Virginia allowed to prosecute this case? where precedent supports Petition…
23-6971 Steven Antonius, aka Sealed Defendant 1, Shervington Lovell, aka Sealed Defendant 1, and Argemiro Zapata-Castro, aka Sealed Defendant 1 v. United States Second Circuit 2024-03-13 Denied Response WaivedIFP article-i-section-8-clause-10 criminal-prosecution due-process extraterritorial-jurisdiction fifth-amendment-due-process maritime-drug-law maritime-drug-law-enforcement-act originalism protective-principle universal-jurisdiction 1. Whether the Maritime Drug Law Enforcement Act, 46 U.S.C. §§ 70503(a)(1) and 70506, expands federal criminal jurisdiction beyond what would have bee…
23-6855 William B. Hungerford, Jr. v. United States Fifth Circuit 2024-02-28 Denied Response WaivedIFP administrative-deference administrative-law agency-deference agency-interpretation criminal-prosecution due-process EB-5-investment-program fifth-circuit regulatory-interpretation regulatory-scheme standing In recent years, this Court and commentators alike have expressed increasing alarm over the unbridled deference afforded to agency bureaucrats' interp…
23-6745 Raymond Wilson, III v. Fairhaven Police Department, et al. First Circuit 2024-02-14 Denied Response WaivedIFP civil-rights criminal-prosecution due-process equal-protection interstate-crime jurisdictional-issues legal-elements malicious-prosecution prosecutorial-discretion standing statutory-interpretation summary-judgment Why some cases can be successful and prosecute, whereas others cannot, having the same elements yet to be interpreted, and whereas a bias of a certain…
23A745 Donald J. Trump v. United States District of Columbia 2024-02-12 Granted Amici (10) criminal-prosecution double-jeopardy impeachment-clause official-acts presidential-immunity separation-of-powers L Whether the doctrine of absolute presidential immunity includes immunity from criminal prosecution for a President's official acts, i.e., those perf…
23-6532 Zerak Brown v. United States Eighth Circuit 2024-01-23 Denied Response WaivedIFP 6th-amendment assistance-of-counsel certiorari criminal-procedure criminal-prosecution due-process jurisdiction right-to-counsel sixth-amendment Did the Framers intend that, in a criminal prosecution, a defendant is entitled assistance of counsel, under the 6th Amendment, for "all criminal pros…
23A589 Rian Waters v. Aidan Kearney Massachusetts 2023-12-27 Presumed Complete article-iii-standing constitutional-rights criminal-prosecution fair-trial first-amendment witness-intimidation Whether I have standing to appeal the court's unintelligible refusal to issue a criminal complaint, when the crime is against justice, and my safety, …
23-624 United States v. Donald J. Trump District of Columbia 2023-12-11 Granted Amici (2) constitutional-law constitutional-protection criminal-prosecution due-process executive-immunity executive-privilege impeachment impeachment-clause presidential-immunity presidential-powers Whether a former President is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from fe…
23-437 Anthony A. Anderson v. United States Armed Forces 2023-10-26 Denied constitutional-law court-martial criminal-prosecution due-process equal-protection liberty-interests property-interests sixth-amendment Does the United States Constitution require that a general court-martial guilty verdict be unanimous?
23-5626 Arun Dhavamani v. United States Fourth Circuit 2023-09-20 Denied Response WaivedIFP appellate-review criminal-procedure criminal-prosecution due-process evidentiary-hearing factual-finding federal-jurisdiction manufactured-jurisdiction sentencing Whether a defendant's right to due process is violated when a Court of Appeals remands a case for additional factfinding after the district court has …
23-5111 Jacob Webster, et al. v. Superior Court of California, City and County of San Francisco, et al. California 2023-07-14 Denied Response WaivedIFP constitutional-analysis criminal-prosecution facial-challenge firearm-regulation new-york-state-rifle-and-pistol-association-v-brue overbreadth overbreadth-doctrine second-amendment united-states-v-stevens 1. For facial challenges to a state prosecution on Second Amendment grounds, must a criminal defendant prove that no set of circumstances exist under …
23-32 Edward Jacob Lang v. United States District of Columbia 2023-07-11 GVR Response RequestedResponse WaivedRelisted (4) criminal-law criminal-prosecution evidence-tampering official-proceedings police-violence public-demonstrations riot-context statutory-interpretation van-buren-v-united-states Whether the Court of Appeals erred in concluding that application of 18 U.S.C. Section 1512(c)(2), a statute crafted to prevent tampering with evidenc…
22-7880 Maylesha S. Lewis v. Nebraska Nebraska 2023-06-27 Denied Response WaivedIFP blockburger blockburger-test criminal-prosecution diaz-exception diaz-v-united-states double-jeopardy driving-under-the-influence fifth-amendment motor-vehicle-homicide IL Is Diaz v. United States, 223 U.S. 442 (1912) an exception to the double jeopardy rule announced in Blockburger v. United States, 284 U.S. 299 (193…
22-7836 Tony Michael Julien v. Oklahoma Oklahoma 2023-06-21 Denied IFP civil-procedure court-authority criminal-law criminal-prosecution due-process ignorance-of-law jurisdiction legal-maxim procedural-law retroactive time-limitation 1. Can the passage of time retroactively confer jurisdiction on a court that did not and does not otherwise have jurisdiction? 2. Does the legal maxi…
22-1055 Lee Elbaz, aka Lena Green v. United States Fourth Circuit 2023-05-01 Denied circuit-split criminal-prosecution domestic-application domestic-transmission extraterritoriality foreign-conduct interstate-commerce wire-fraud The wire-fraud statute, 18 U.S.C. § 1343, prohibits fraudulent schemes that use wire, radio, or television communications in interstate or foreign com…
22-939 Robert Frese v. John M. Formella, Attorney General of New Hampshire First Circuit 2023-03-28 Denied Amici (3) civil-procedure civil-rights criminal-prosecution defamation due-process first-amendment free-speech public-official standing vagueness vagueness-doctrine 1. Whether the First Amendment tolerates criminal prosecution for alleged defamation of a public official. 2. Whether New Hampshire's common law of c…
22-7091 David Lee Hering v. Iowa Iowa 2023-03-24 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-prosecution due-process fourteenth-amendment legal-authority personal-jurisdiction speedy-trial void-judgement 1. Whether a criminal prosecution and judgement therefrom is void where the trial court lost personal jurisdiction over the defendant prior to the sta…
22-6810 Jason Jarvis v. United States Sixth Circuit 2023-02-17 Denied Response WaivedIFP criminal-procedure criminal-prosecution defendant-rights due-process evidence evidentiary-rules fourth-amendment legal-standing prosecutorial-misconduct search-and-seizure suppressed-evidence 1) Whether suppressed evidence or evidence not belonging to the defendant can be used against the defendant to prosecute him?
22-721 Damian McElrath v. Georgia Georgia 2023-02-02 Judgment Issued Amici (5)Relisted (7) acquittal criminal-procedure criminal-prosecution double-jeopardy fifth-amendment jury-verdict prosecution repugnant-verdict repugnant-verdicts The Georgia Supreme Court held that a jury's verdict of acquittal on one criminal charge and its verdict of guilty on a different criminal charge aris…
22-6382 James A. Warren v. Florida Florida 2022-12-22 Denied Relisted (2)IFP capital-crime capitol-crime constitutional-procedure criminal-prosecution due-process fifth-amendment florida-constitution grand-jury indictment presentment 1. Does Article I Section 15(a) of the Florida Constitution prohibit any person from being tried for a capitol crime without presentment or indictment…
22-6274 John C. Killingbeck v. United States Second Circuit 2022-12-09 Denied Response WaivedIFP civil-rights content-provider criminal-procedure criminal-prosecution due-process free-speech habeas-corpus internet-immunity internet-service-provider-liability section-230 standing What is the correct way for the Government to correct its prosecution and answer as in etc. Are the Government and courts acting within their Questi…
22-508 John O. Green v. United States Fifth Circuit 2022-11-30 Denied Response Waived 18-usc-371 conspiracy conspiracy-to-defraud criminal-law criminal-prosecution defraud-the-united-states federal-agency internal-revenue-service jury-instructions statutory-interpretation In a series of decisions from this Court, the reach and scope of conspiracies to defraud the United States in violation of 18 U.S.C. § 371 were define…
22-6110 Luis David Huerta-Carranza v. United States Eleventh Circuit 2022-11-18 Denied Response WaivedIFP criminal-law criminal-prosecution due-process immigration-court immigration-proceedings jurisdiction notice-to-appear removal-order statutory-interpretation 1. Whether a defective notice to appear that omits the statutorily required time-and-place information fails to confer jurisdiction on the immigration…
22-6020 John M. Esposito v. Florida Florida 2022-11-08 Denied IFP citizens-rights civil-rights constitutional-violation criminal-procedure criminal-prosecution due-process federalism legal-challenge preemption statutory-interpretation void-ab-initio void-statute IS THE STATE OF FLORIDA VIOLATING THE UNITED STATES CONSTITUTION BY PROSECUTING AND CONVICTING U.S. CITIZENS UNDER § 794.011, FLORIDA STATUTES, A VOID…
22-5739 LaTausha Simmons v. Michigan Michigan 2022-10-03 Denied IFP acquittal appeal circuit-court constitutional-protection criminal-prosecution double-jeopardy insufficient-evidence jurisdiction michigan-supreme-court reconsideration I. WHETHER THE MICHIGAN SUPREME COURT ERRED IN CONCLUDING THAT THE PROHIBITION AGAINST DOUBLE JEOPARDY (see US Const, Am V and Const 1963, art 18 15…
22-119 Christian Action League of Minnesota, et al., v. Mike Freeman, in His Official Capacity as Hennepin County Attorney Eighth Circuit 2022-08-09 Denied civil-action civil-procedure civil-rights constitutional-challenge criminal-prosecution due-process enforcement-authority free-speech pre-enforcement-challenge standing If a law authorizes both private and public enforcement, and a credible threat of private enforcement exists, may a plaintiff bring a pre-enforcement …
22-5295 Nizar Trabelsi, aka Nizar Ben Abdelaziz Trabelsi, aka Abu Qa'Qa v. United States District of Columbia 2022-08-04 Denied Response WaivedIFP burden-of-proof criminal-prosecution due-process extradition-treaty foreign-court-rulings judicial-deference ministerial-determination prior-prosecution willful-blindness 1. Whether a trial court considering a request for dismissal of an indictment based on the violation of an extradition treat y's prohibition on prior …
22-5078 Karen E. Ramm v. United States Third Circuit 2022-07-12 Denied Response WaivedIFP bank-fraud business-loan cover-up cover-up-efforts criminal-prosecution disbursal-of-funds funds-disbursal scheme-to-defraud statute-of-limitations Whether, in a bank fraud prosecution, the execution of a scheme to defraud is complete upon disbursal of funds, thereby starting the clock for statute…
22-5057 Wade Lawrence Duchaine v. United States Eighth Circuit 2022-07-08 Denied Response WaivedIFP 18-usc-922(g) commerce-clause criminal-prosecution federal-jurisdiction firearm-possession interstate-commerce jurisdictional-element minimal-nexus scarborough-v-united-states statutory-interpretation substantial-nexus I. In a prosecution for possession of a firearm under 18 U.S.C. § 922(g), the government must prove that the possession was in or affected interstate …
21-8161 Onofre Tommy Serrano v. United States Ninth Circuit 2022-06-16 Denied Response WaivedIFP 42-usc-1443 civil-rights civil-rights-removal criminal-prosecution due-process equal-protection federal-defense federal-jurisdiction federal-removal jurisdiction removal statutory-interpretation 1. Does berg derled equol civl Rights on the basis fOR REMOU pRSANt tO 28 USC & 1443(1)? 2. CaN A CRimIrAl stote cASE be RemovEd puRsJANt tO 28 USC &…
21-1450 Turkiye Halk Bankasi A.S., aka Halkbank v. United States Second Circuit 2022-05-17 Judgment Issued Amici (9) 18-usc-3231 28-usc-1330 28-usc-1602-1611 criminal-prosecution district-court-jurisdiction foreign-sovereign-immunities foreign-sovereign-immunity sovereign-immunity statutory-interpretation subject-matter-jurisdiction Whether U.S. district courts may exercise subject-matter jurisdiction over criminal prosecutions against foreign sovereigns and their instrumentalitie…
21-7659 John Doe v. United States First Circuit 2022-04-20 Denied Response WaivedIFP appellate-review business-records criminal-prosecution hearsay-exception interrogation-statements miranda-rights outsider-source standard-of-review trustworthiness 1. Whether the Court of Appeals erred in affirming the district court's error of admitting the 795-SSA form through the business records exception to …
21-1297 Clare Therese Grady, Carmen Trotta, and Martha Hennessy v. United States Eleventh Circuit 2022-03-25 Denied circuit-split criminal-prosecution free-exercise government-burden government-burden-of-proof least-restrictive-means prosecution religious-freedom religious-freedom-restoration-act rfra sincerely-held-beliefs Petitioners, Catholic anti-nuclear activists, engaged in "symbolic disarmament" by damaging and spray painting facilities on a nuclear submarine base,…
21-6769 Luke Joseph Burning Breast v. United States Eighth Circuit 2022-01-06 Denied Response WaivedIFP 18-usc-921(a)(20) 18-usc-922(g) civil-rights-restoration criminal-prosecution felon-in-possession firearm firearm-components interstate-commerce rehaif-v-united-states statutory-interpretation Can the government establish the interstate commerce element in a § 922(g) prosecution by showing that a single interchangeable part of a firearm trav…
21-6754 Chad Mink v. United States Eighth Circuit 2022-01-04 Denied Response WaivedIFP criminal-prosecution eighth-circuit false-statement felon-in-possession procedural-jurisdiction venue waiver-rule For purposes of venue for a criminal prosecution, if it were a crime to make false statement to another in connection with another offense (and the ot…
21-914 Oklahoma v. Richard Ray Roth Oklahoma 2021-12-21 GVR Relisted (2) criminal-jurisdiction criminal-prosecution due-process indian-country mcgirt-precedent mcgirt-v-oklahoma non-indian non-indian-defendants state-jurisdiction tribal-sovereignty 1. Whether a State has authority to prosecute non-Indians who commit crimes against Indians in Indian country. 2. Whether McGirt v. Oklahoma, 140 S.C…
21-6621 Valentine Okonkwo v. United States Eleventh Circuit 2021-12-15 Denied Response WaivedIFP 4th-amendment administrative-search criminal-prosecution dea dea-inspection due-process forfeiture-judgment prescription-fraud warrant writ-of-audita-querela 1. Did the lower court err for ruling that an administrative search, without a warrant, ostensibly conducted by a DEA Diversionary inspector was lawfu…
21-834 Libertarian Party of Minnesota, et al. v. Steve Simon, Minnesota Secretary of State Eighth Circuit 2021-12-06 Denied Response Waived civil-rights criminal-law criminal-prosecution due-process election-law elections first-amendment fourteenth-amendment free-speech petition-rights political-parties political-party Whether a government during the election process, without violating the First and Fourteenth Amendments, can threaten criminal prosecution against vot…
21-6386 Antjuan Sydnor v. California California 2021-11-23 Denied IFP constitutional-rights counsel-absence criminal-prosecution critical-stage jury-deliberations right-to-counsel sixth-amendment structural-error 1. In a criminal prosecution, if a trial court permits the prosecutor and counsel for a codefendant to present supplemental arguments to the jury duri…
21-762 Lena Lasher v. United States Second Circuit 2021-11-22 Denied Response RequestedResponse WaivedRelisted (2) brady-violation criminal-prosecution good-faith-defense medical-practitioner medical-practitioners misbranding pharmacist prescription prescription-validity scope-of-practice 1. Where the government prosecutes a licensed pharmacist under "Misbranding ", 18 usc§ 371, 21 USC§§ 331(a) and 333(a)(2), for dispensing "invalid " p…
21-6277 Jordan Adonis Rawls v. Pennsylvania Pennsylvania 2021-11-16 Denied Response WaivedIFP criminal-charges criminal-prosecution custodial-interrogation due-process miranda-warnings patterson-v-illinois police-disclosure sixth-amendment WHETHER POLICE, TO PROTECT A PERSON'S SIXTH AMENDMENT RIGHTS, MUST DO MORE THAN ADMINISTER MIRANDA WARNINGS WHEN THE INDIVIDUAL IS SUBJECT TO POLICE C…
21-6114 Hewitt A. Grant, II v. Florida Florida 2021-11-01 Denied IFP civil-rights constitutional-rights criminal-prosecution due-process equal-protection fair-trial fifth-amendment racial-discrimination standing systematic-exclusion Question not identified.
21-543 Mark Anthony Spell v. Louisiana Louisiana 2021-10-13 Denied Response Waived constitutional-rights criminal-procedure criminal-prosecution due-process misdemeanor sixth-amendment speeding-ticket statute-of-limitations 1. Does the Sixth Amendment permit the prosecution of a misdemeanor speeding ticket after the lapse of more than twenty years if there is no evidence …
21-485 Oklahoma v. Shawn Lee McDaniel Oklahoma 2021-10-01 GVR Amici (1)Relisted (4) criminal-jurisdiction criminal-prosecution due-process equal-protection indian-country mcgirt-precedent mcgirt-v-oklahoma non-indian-defendants state-jurisdiction tribal-sovereignty 1. Whether a State has authority to prosecute non-Indians who commit crimes against Indians in Indian country. 2. Whether McGirt v. Oklahoma, 140 S.C…
21-366 Michael Jones v. United States Fifth Circuit 2021-09-08 Denied Response Waived criminal-intent criminal-prosecution due-process expert-testimony fifth-circuit fraud medicare-fraud medicare-regulations sufficiency-of-evidence Petitioners Michael Jones hereby adopts the Petitions for Writ of Certiorari filed by Dr. Henry Evans and Dr. Shelton Barnes and the Questions Present…
21-5233 Abel Guillermo Godoy v. United States Ninth Circuit 2021-07-28 Denied Response WaivedIFP alleyne-v-united-states criminal-procedure criminal-prosecution due-process elements-of-crime jury-determination legal-precedent prior-conviction prior-convictions sentencing sentencing-factors sixth-amendment In Almendarez-Torres v. United States, 523 U.S. 224 (1998), the Court held that in a prosecution for 8 U.S.C. § 1326, the fact of a prior conviction n…
21-5203 Ibrahim Akasha Abdalla, aka Ibrahim Akasha v. United States Second Circuit 2021-07-23 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-prosecution due-process extraterritorial-jurisdiction fifth-amendment foreign-national personal-jurisdiction What level of contact with the United States must a foreign national who never entered this country and committed the offense conduct solely outside o…
20-8361 Josh Small and Joni Amber Johnson v. United States Sixth Circuit 2021-06-21 Denied Response WaivedIFP commerce-clause criminal-law criminal-prosecution federal-jurisdiction interstate-commerce jurisdictional-element kidnapping kidnapping-statute statutory-interpretation 18 U.S.C. § 1201 (the federal kidnapping statute) requires, as an element, a nexus between the kidnapping and interstate commerce, Does a purely local…
20-1694 Gregory Molden v. United States Fifth Circuit 2021-06-08 Denied Response Waived civil-procedure constitutional-rights criminal-procedure criminal-prosecution due-process fifth-amendment health-care-fraud medicare medicare-regulations regulatory-compliance Petitioner in district court appeared in a jury trial with multiple co-defendants three of which like Petitioner were licensed physicians. All of the …
20-1692 Henry Evans v. United States Fifth Circuit 2021-06-07 Denied Response Waived administrative-law criminal-procedure criminal-prosecution expert-testimony health-care-fraud healthcare-fraud medicaid medicare medicare-regulations statutory-interpretation 1.) Are the Medicare rules, regulations, and policies "controlling" in a criminal prosecution under 18 U.S.C. § 1347; i.e. is evidence of compliance o…
20-8143 Merwin Smith v. United States Eighth Circuit 2021-05-26 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split criminal-law criminal-prosecution evidence evidence-rule-404b federal-prosecution federal-rules-of-evidence gun-possession prior-convictions propensity-evidence rule-404(b) Are prior gun possession convictions admissible under Rule 404(b) to prove knowing or intentional gun possession on a later date when the government c…
20-7867 Howard Allen Groffel v. Virginia Virginia 2021-04-27 Denied IFP constitutional-law criminal-law criminal-prosecution double-jeopardy due-process firearm-possession firearms protective-order protective-orders status-crime status-crimes Groffel was convicted five times for transporting one firearm in violation of five separate protective orders. This case poses a clear question of law…
20-1480 George P. Naum, III v. United States Fourth Circuit 2021-04-22 GVR Relisted (6) 21-cfr-1306-04 21-usc-841 controlled-substances criminal-prosecution medical-practice opioid-prescription professional-standards statutory-interpretation united-states-v-moore Can the elements of 21 U.S.C. §841(a)(l) as defined in United States v. Moore, 423 U.S. 122 (1975) requiring the Government to prove unlawful distribu…
20-7622 Merle Denezpi v. United States Tenth Circuit 2021-03-31 Judgment Issued Amici (6)Response RequestedResponse WaivedRelisted (4)IFP constitutional-provisions court-of-indian-offenses criminal-prosecution double-jeopardy federal-agency indian-law jurisdictional-issue procedural-history tribal-court ute-mountain-ute-agency Is the Court of Indian Offenses of Ute Mountain Ute Agency a federal agency such that Merle Denezpi's conviction in that court barred his subsequent p…
20-7404 De Andre Smith v. United States Eleventh Circuit 2021-03-10 Denied Response WaivedIFP commerce-clause criminal-prosecution federal-jurisdiction hobbs-act individual-victim interstate-commerce intra-state-robbery mandatory-sentencing robbery software-purchase Whether the intra-state robbery of an individual satisfies the interstate commerce nexus sufficient for a Hobbs Act prosecution merely because the ind…
20-1241 Michael Paul Miselis v. United States Fourth Circuit 2021-03-09 Denied Amici (1) anti-riot-act civil-rights constitutional-validity criminal-prosecution due-process federal-prosecution first-amendment free-speech overbreadth protest-rights standing statutory-interpretation 1. Whether 18 U.S.C. § 2101, the Anti-Riot Act, is facially invalid under the First Amendment. 2. If so, are the constitutionally infirm provisions o…
20-7377 Benjamin Drake Daley v. United States Fourth Circuit 2021-03-09 Denied IFP anti-riot-act civil-rights civil-unrest criminal-prosecution due-process facial-constitutionality federal-statute first-amendment free-speech interstate-commerce overbreadth standing 1. Whether 18 U.S.C. § 2101, the Anti-Riot Act, is facially invalid under the First Amendment. 2. If so, are the constitutionally infirm provisions o…
20-937 Robert Andrews v. New Jersey New Jersey 2021-01-13 Denied Amici (4)Response RequestedResponse WaivedRelisted (2) criminal-procedure criminal-prosecution evidence-discovery fifth-amendment foregone-conclusion passcode-disclosure password-disclosure self-incrimination state-supreme-court testimonial-compulsion Does the Self-Incrimination Clause of the Fifth Amendment protect an individual from being compelled to recall and truthfully disclose a memorized pas…
20-6669 Brian Zellner v. Georgia Georgia 2020-12-21 Denied Response WaivedIFP 5th-amendment constitutional-provision criminal-charges criminal-prosecution double-jeopardy fifth-amendment first-offender-statute state-prosecution substantive-criminal-charges Does the Double Jeopardy Clause of the 5th Amendment bar state prosecution of a defendant on substantive criminal charges based on the same conduct wh…
20-824 Edward F. Taupier v. Connecticut Connecticut 2020-12-17 Denied Response Waived civil-rights criminal-prosecution due-process first-amendment free-speech free-speech-protection intent intent-standard reckless-speech recklessness true-threats virginia-v-black Whether the First Amendment prohibits a State from criminalizing threats to commit violence communicated in reckless disregard of the risk of placing …
20-6514 Jimmy Ray Weatherholt, Jr. v. Virginia Virginia 2020-12-03 Denied IFP constitutional-rights criminal-prosecution due-process fair-trial judicial-conduct recusal right-to-counsel sixth-amendment trial-counsel The Sixth Amendment provides that "[i]n all criminal prosecutions, the accused shall enjoy the right . . . to have the assistance of counsel for his d…
20-6484 Willie Tyler v. United States Third Circuit 2020-12-01 Denied IFP 18-usc-1512 communication-prevention criminal-prosecution federal-jurisdiction federal-statute federal-witness-tampering fowler-v-united-states reasonable-likelihood specific-intent witness-tampering The federal witness tampering statute, 18 U.S.C. § 1512, permits conviction of any individual who "prevent [s] the communication by any person to a [F…
20-6414 Daniel Ray v. United States Ninth Circuit 2020-11-24 Denied IFP 18-usc-7 adams-v-united-states circuit-split criminal-law criminal-prosecution federal-criminal-law federal-jurisdiction maritime-jurisdiction prison-jurisdiction statutory-interpretation territorial-jurisdiction In an 18 U.S.C. § 113 prosecution, does the Ninth Circuit's rule that prison personnel testimony that they "work at a United States prison" contravene…
20-6357 Paul Cook v. Appellate Division of the Superior Court of California, Los Angeles California 2020-11-17 Denied Relisted (2)IFP 14th-amendment 5th-amendment criminal-prosecution due-process fifth-amendment for-profit-law-firm fourteenth-amendment impartiality private-law-firm prosecutorial-impartiality 1. Can a for-profit law firm, without supervision from the public prosecutor, be contracted out to criminally prosecute someone and still be impartial…
20-570 Daniel Cvijanovich v. United States Secret Service Eighth Circuit 2020-10-30 Denied Response Waived administrative-law civil-rights criminal-prosecution foia-exemptions freedom-of-information-act judicial-review law-enforcement-exemption law-enforcement-monitoring secret-service-records standard-of-review 1. Does FOIA exemption (b)(7)(A) apply to the Secret Service's monitoring of an individual, absent the existence of any actual enforcement proceeding …
20-5947 Craig Martin Shults v. United States Ninth Circuit 2020-10-08 Denied Response WaivedIFP 18-usc-115 criminal-procedure criminal-prosecution due-process evidence-admissibility federal-judge federal-rules-of-evidence federal-statute federal-threat subsequent-act-evidence Whether, in an 18 U.S.C. § 115(a)(1)(B) prosecution for threatening a federal judge, subsequent act evidence of additional threats made months after t…
20-5897 Demetrice Williams v. Sandy McCain, Warden, et al. Fifth Circuit 2020-10-02 Denied IFP certificate-of-appealability COA criminal-procedure criminal-prosecution denial effective-assistance-of-counsel equal-protection federal-district-court fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment A. WHETHER THE FEDERAL DISTRICT COURT SHOULD NOT HAVE DENIED COA BASED ON THE SUBSTANTIAL SHOWING OF THE DENIAL OF THE SIXTH AMENDMENT GUARANTEES OF T…
20-347 Charles Malcolm Spivey, Jr. v. United States Fourth Circuit 2020-09-15 Denied circuit-split criminal-law criminal-prosecution due-process forum-shopping interstate-commerce registration-requirement sorna venue Whether venue for a prosecution under 18 U.S.C. § 2250(a) for failing to update a registration under SORNA after traveling in interstate commerce can …
20-326 Mitchell J. Stein v. United States Eleventh Circuit 2020-09-11 Denied Amici (2) constitutional-rights criminal-procedure criminal-prosecution discovery due-process exculpatory-evidence false-testimony government-misconduct prosecutorial-misconduct Whether the Due Process Clause excuses the government's knowing use of false testimony in a criminal prosecution so long as the government divulged ev…
20-5579 Israel Torres v. United States Ninth Circuit 2020-09-02 Denied Amici (1)IFP as-applied-challenge constitutional-rights criminal-procedure criminal-prosecution due-process felon-in-possession firearm-possession second-amendment standing May an individual charged with violating a law barring the possession of firearms by felons bring an as-applied Second Amendment challenge to his pros…
20-5341 Erik Becerra v. United States Eighth Circuit 2020-08-13 Denied IFP affirmative-defense criminal-justice criminal-prosecution federal-law firearm-possession judicial-development lower-court-conflict statutory-interpretation In a criminal prosecution for unlawful possession of a firearm or ammunition, 18 U.S.C. § 922(g), does federal law permit the judicial development of …
20-5120 Giovanni Cotto, aka Monte v. United States Second Circuit 2020-07-21 Denied Response WaivedIFP burden-of-proof circuit-split criminal-procedure criminal-prosecution federal-statute mens-rea official-proceeding statutory-interpretation witness-retaliation Whether, in a prosecution under 18 U.S.C. § 1513(b)(1), the Government must prove beyond a reasonable doubt that the defendant knew the witness agains…
20-5026 James Daniel Arbaugh v. United States Fourth Circuit 2020-07-13 Denied Response WaivedIFP commerce-clause constitutional-interpretation criminal-law criminal-prosecution extraterritorial-jurisdiction foreign-conduct foreign-relations sovereignty statutory-construction Does the "power to regulate Commerce with Foreign Nations", in accordance with the United States Constitution art 1, § 8 cl. 3, include the prosecutio…
19-8883 Nathan E. Gundy v. United States Eleventh Circuit 2020-07-02 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-law criminal-procedure criminal-prosecution due-process eighth-amendment fair-trial judicial-discretion standing trial-rights 1. Whether The 6X Amendment of The United States Constitution Bids are Guaranteed TO O Farr Thlah TA alk erimwale ProsecahAs or Gust wheal a Sudge dee…
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…
19-8568 James Stephen Thorpe v. United States Fourth Circuit 2020-05-29 Denied Response WaivedIFP conspiracy criminal-prosecution due-process hobbs-act home-invasion interstate-commerce private-residence robbery targeting-rule Whether the United States Court of Appeals properly held that there exists an interstate commerce connection for a prosecution under 18 U.S.C. §§ 2 an…
19-8449 Gregory Harris, Jr. v. United States Third Circuit 2020-05-12 Denied Response WaivedIFP circuit-split criminal-prosecution evidentiary-standards federal-rules-of-evidence helpfulness law-enforcement-witnesses lay-opinion-testimony personal-perception usurping-jury-role The Third Circuit panel majority, deepening a mature circuit split regarding the foundational requirements of Federal Rule of Evidence 701, ruled that…
19-1163 Bernard Rottschaefer v. United States Third Circuit 2020-03-23 Denied Response Waived appeals collateral-estoppel court-of-appeals criminal-procedure criminal-prosecution double-jeopardy drug-distribution due-process judicial-deference judicial-review jurisdiction medical-professional precedent standard-of-review substantial-question On March 3rd, 2006, the Court of Appeals for the 3rd District ruled that sex-for-drugs played no part in Dr. Rottschaefer's convictions and that Dr. R…
19-1145 Ng Lap Seng v. United States Second Circuit 2020-03-18 Denied bribery bribery-of-foreign-officials criminal-prosecution foreign-corrupt-practices-act international-organizations mcdonnell-v-united-states official-act quasi-sovereign-public-international-entities statutory-interpretation united-nations 1. Whether the generic term "organization" in §666 should be construed to include quasi-sovereign public international entities like the United Nation…
19-999 Lewis Alan Dugan v. Wyoming Wyoming 2020-02-10 Denied Response Waived criminal-procedure criminal-prosecution due-process first-amendment free-speech jury-instruction obscenity overbreadth speech-conduct stalking-statute 1. Whether, in a prosecution for writing obscene letters, a trial court should instruct a jury regarding the legal definition of the term "obscene" as…
19-7433 Anthony Russell Wilson v. United States Eighth Circuit 2020-01-27 Denied Response WaivedIFP 18-usc-3583 criminal-prosecution double-jeopardy federal-sentencing fifth-amendment statutory-interpretation supervised-release united-states-v-haymond The question presented to this Court is whether Petitioner, Wilson, who suffered a criminal prosecution by way of a supervised release revocation hear…
19-795 Paul D. Voorhees v. United States Armed Forces 2019-12-20 Denied conduct-unbecoming-an-officer criminal-prosecution criminal-statute due-process mens-rea military-justice negligence negligence-standard rehaif-v-united-states scienter sixth-amendment uniform-code-military-justice uniform-code-of-military-justice Does this mens rea or scienter principle apply to criminal prosecutions under the Uniform Code of Military Justice, where the underlying statute at is…
19-782 Vahan Kelerchian v. United States Seventh Circuit 2019-12-18 Denied carpenter criminal-prosecution mail-fraud mcnally property regulatory-authority right-to-control statutory-interpretation wire-fraud 1. Does the "right to control" constitute "property" for purposes of wire and mail fraud in light of this Court's holding in McNally, Carpenter, Cleve…
19-741 Estate of Esther Klieman, By and Through Its Administrator, Aaron Kesner, et al. v. Palestinian Authority, aka Palestinian Interim Self-Government Authority, et al. District of Columbia 2019-12-11 GVR anti-terrorism-act civil-liability civil-litigation congress-power congressional-intent criminal-prosecution due-process fifth-amendment foreign-sovereign 1. Whether the PA-PLO has the right to raise a Due Process defense under the Fifth Amendment—a defense the Court has ruled unavailable to U.S. state s…
19-6840 Manuel Antonio Severino v. United States Eleventh Circuit 2019-12-04 Denied Response WaivedIFP circuit-split criminal-law criminal-prosecution legal-duty mens-rea statutory-interpretation tax-fraud willfulness Whether, in a prosecution for aiding and assisting in the preparation or filing of false tax returns under 26 U.S.C. § 7206(2), the government is requ…
19-6806 Anthony J. Stokes v. Florida Florida 2019-12-03 Denied Response WaivedIFP appeal civil-rights constitutional-review criminal-procedure criminal-prosecution double-jeopardy due-process felony jurisdictional-conflict military-law predicate-felony sentencing sentencing-guidelines statutory-interpretation trial-modification I. WHETHER A CONVICTION ON A CHARGE CONTAINING AN ESSENTIAL ELEMENT NOT CHARGED IN THE INFORMATION IS A "DUE PROCESS" VIOLATION. II. WHETHER THE DOUB…
19-6684 Rakeem Asaad Davis v. United States Eleventh Circuit 2019-11-19 GVR IFP 18-usc-922g 6th-amendment 6th-amendment-right-to-jury-trial charged-theories-of-prosecution criminal-procedure criminal-prosecution double-jeopardy due-process felon-in-possession jury-unanimity knowledge-element rehaif-v-united-states richardson-standard richardson-v-united-states sixth-amendment unanimous-jury-verdict uncharged-theories-of-prosecution Petitioner was charged with possession of a firearm and ammunition by a convicted felon, in violation of 18 U.S.C. § 922(g). The indictment charged po…
19-594 Mahmoud Thiam v. United States Second Circuit 2019-11-06 Denied Response Waived american-constitutional-limitations american-court constitutional-limitations criminal-procedure criminal-prosecution due-process foreign-statute official-act predicate-offense predicate-prosecution vagueness-doctrine 1. Where a foreign statute is used as a predicate to prosecution in a United States court, including but not limited to the vagueness doctrine, are th…
19-538 Albert S. N. Hee v. United States Ninth Circuit 2019-10-24 Denied Response Waived circuit-court-precedent constitutional-rights criminal-prosecution due-process fabricated-evidence habeas-corpus stare-decisis substantive-constitutional-rights It is fundamental that the constitutional right of due process is violated when the Principal Government Agent lies by fabricating evidence in order t…
19-498 Raymond L. Rogers v. United States Tenth Circuit 2019-10-18 Denied Response Waived 28-usc-2253 28-usc-2255 certificate-of-appealability criminal-procedure criminal-prosecution fifth-amendment habeas-corpus immediate-release sixth-amendment subject-matter-jurisdiction Whether or not the Tenth Circuit Court of Appeals [erred], when denying (1). your Petitioner, a certificate of appealability (COA) pursuant to 28 U.S.…
19-6220 Nerses Nick Bronsozian v. United States Ninth Circuit 2019-10-09 GVR IFP 2nd-amendment commerce-clause constitutional-interpretation criminal-prosecution due-process firearms firearms-regulation national-firearms-act registration statutory-construction taxation taxation-power When the National Firearms Act ("NFA") was passed in 1934, the sole constitutional authority for the law was Congress's power to tax under U.S. Const.…
19-5744 Johnny Ellery Smith v. United States Ninth Circuit 2019-08-30 Denied Response WaivedIFP assimilative-crimes-act criminal-procedure criminal-prosecution federal-jurisdiction indian-country indian-law major-crimes-act state-law tribal-sovereignty Did the federal government's prosecution of an Indian for violation of state law in Indian country violate federal statutes and tribal sovereignty ret…
19-5735 Yolanda M. Williams v. Shawna L. Reagin Fifth Circuit 2019-08-28 Denied IFP civil-procedure civil-rights compensation constitutional-rights criminal-prosecution demand-letter deprivation-claim due-process immunity judgment judgment-enforcement procedural-process sovereign-immunity standing Whether the defendant forfeited her immunity: failed to comply with elementary principles of procedural process and rendered an in just judgment enfor…
19-5556 Regina Lewis v. United States Second Circuit 2019-08-12 Denied Response WaivedRelisted (2)IFP civil-procedure criminal-procedure criminal-prosecution due-process federal-jurisdiction federal-magistrate federal-state-balance procedural-violation rule-of-lenity standing statutory-interpretation title-18-usc-115 Did United States Magistrate Gabriel Gorenstein violate the Fed. R. Civ. P. Rule 4 (b) Did my arrest and prosecution violate the narrow federal-state…
19-5466 James Michael Farrell v. United States Fourth Circuit 2019-08-06 Denied Response WaivedIFP burden-of-proof criminal-defense criminal-defense-lawyer criminal-prosecution drug-distribution-organization due-process money-laundering willful-blindness In the context of a criminal prosecution of a criminal defense lawyer who was charged with functioning as the "consiglieri" of a drug distribution org…
19-5486 Jarrell Williams v. United States Second Circuit 2019-08-06 Denied Response WaivedIFP age-of-defendant constitutional-provisions criminal-prosecution district-court-jurisdiction due-process federal-juvenile-delinquency-act ineffective-assistance ineffective-assistance-of-counsel jurisdiction juvenile juvenile-delinquency juvenile-offenders rico rico-conspiracy 1.) Did the Federal Juvenile Delinquency Act ("JDA"), 18 U.S.C. §§ 5031-42, divested the district court of jurisdiction over Petitioner's prosecution …
19-5422 Michael A. Webb v. United States Fifth Circuit 2019-07-31 Denied Response WaivedIFP adam-walsh-act adam-walsh-child-protection-and-safety-act constitutional-rights criminal-procedure criminal-prosecution double-jeopardy ineffective-assistance plea-agreement plea-bargaining sentencing sentencing-guidelines Was petitioner, Michael A. Webb, subjective to ineffective assistance of counsel or deficient representation by defense counsel in a prosecution? Was…
18-9762 Kwame A. Insaidoo v. United States Second Circuit 2019-06-24 Denied IFP 18-usc-666 5th-amendment 6th-amendment circuit-split criminal-procedure criminal-prosecution due-process federal-benefit jury-determination jury-trial second-circuit statutory-interpretation Whether the Second Circuit Court of Appeals erred, in violation of U.S. Const. V and VI, when it held that the government need not prove to a jury the…
18-1566 Charles D. Scoville v. Securities and Exchange Commission Tenth Circuit 2019-06-21 Denied Amici (1) civil-procedure criminal-prosecution dodd-frank-act due-process extraterritorial-jurisdiction extraterritorial-reach extraterritoriality federal-jurisdiction sec-enforcement securities-exchange-act securities-exchange-act-of-1934 securities-law securities-regulation statutory-interpretation subject-matter-jurisdiction Whether Section 929P(b)'s jurisdictional amendments conferred substantive extraterritorial reach upon Sections 10(b) and 17(a) in SEC enforcement acti…
18A1257 United States v. Richard D. Collins Armed Forces 2019-06-04 Presumed Complete criminal-prosecution eighth-amendment military-justice rape retroactive-application statute-of-limitations Question not identified.
18-9490 Daniel George Brown v. United States Third Circuit 2019-05-30 Denied Response WaivedRelisted (2)IFP 6th-amendment criminal-prosecution deportation illegal-reentry immigration-law right-to-counsel sixth-amendment Whether an alien's Sixth Amendment right to counsel is violated in a criminal prosecution for illegal reentry following deportation, where the United …
18-9427 Willie Anthony Saxby, Jr. v. United States Fourth Circuit 2019-05-28 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-prosecution dual-sovereignty due-process fair-notice federal-jurisdiction federal-state-jurisdiction pending-charges state-jurisdiction supervised-release Did the Federal Government violate the "Doctrines of Dual Sovergeinship" which exist between Federal and State jurisdictions for prosecuting an "alleg…
18-1336 Walter P. Reed v. United States Fifth Circuit 2019-04-24 Denied Response Waived campaign-finance criminal-forfeiture criminal-forfeiture,statute-of-limitations,mail-fr criminal-prosecution custom-and-practice custom-and-practice,federal-mail-fraud,state-law,s due-process federal-law mail-fraud notice state-law statute-of-limitations statutory-interpretation wire-fraud 1. Whether Petitioner was denied due process by the "lack of notice" of (1) the federal prosecutors' hindsight interpretation of the phrase "unrelated…
18-8871 Roy L. Rambo v. Patrick Nogan, Administrator, East Jersey State Prison, et al. Third Circuit 2019-04-22 Denied Response WaivedIFP 6th-amendment aedpa antiterrorism-and-effective-death-penalty-act asset-freezing counsel-of-choice criminal-prosecution due-process personal-assets sixth-amendment state-court-ruling 1. Whether the Sixth Amendment right to counsel of choice was violated when a state court issued an order which froze the defendant's lawfully acquire…
18-8898 Melinda J. Campbell v. United States Sixth Circuit 2019-04-18 Denied Response WaivedIFP criminal-law criminal-prosecution economic-harm hobbs-act hobbs-act,economic-harm,criminal-law,mens-rea,prec mens-rea precedent sixth-circuit supreme-court-precedent wrongful-conduct Whether the Sixth Circuit Court of Appeals disregarded this Court's established precedent set forth in United States v. Enmons, 410 U.S. 396 (1973), a…
18-1054 Jason Allen Jackson v. United States Eighth Circuit 2019-02-12 Denied admissibility circuit-split criminal-procedure criminal-prosecution drug-crimes drug-possession due-process evidence evidence-admissibility knowledge-intent prior-conviction prior-convictions Whether the mere fact of a prior drug possession conviction is admissible to show knowledge and intent in a subsequent drug distribution prosecution.
18-7926 Hubert Babb v. Clara Smith, et al. Eleventh Circuit 2019-02-12 Denied IFP appeals civil-rights constitutional-rights criminal-procedure criminal-prosecution determinative-motive due-process equal-protection jury-selection racial-discrimination sentencing WHETHER INOIGENT ANO/OR PRO SE DEFENDANTS IN CRIMINAL PROSECUTIONS HAVE OR ARE ENTITLED TO CONSTITUTIONAL PROTECTION FROM THE PRESENCE OP SOCIOLECONOM…
18-1001 Casey Brandon Sibley v. Arizona Arizona 2019-02-01 Denied Response Waived constitutional-law criminal-prosecution first-amendment free-speech overbreadth-vagueness strict-scrutiny subjective-intent true-threat Whether the First Amendment requires proof of a speaker's subjective wrongful intent in order for speech to be deemed a "true threat" subject to crimi…
18-7638 John Todd Williams v. United States Second Circuit 2019-01-29 Denied Response WaivedIFP civil-violation civil-violations consumer-protection criminal-prosecution debt-collection deceptive-tactics fair-debt-collection fair-debt-collection-practices-act fdcpa federal-law misrepresentations Whether the courts below erroneously held that Mr. Williams and his companies could be prosecuted criminally, for acts his employees committed that ha…
18-7485 Marcus Noel v. United States Eleventh Circuit 2019-01-18 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-law criminal-prosecution due-process extraterritorial-jurisdiction hostage-taking international-law jurisdictional-elements mens-rea nationality necessary-and-proper-clause treaty-power 1. When the United States prosecutes a foreign national for kidnapping a United States citizen in a foreign country, must the government prove that th…
18-7329 Phillip Dale Selfa v. United States Ninth Circuit 2019-01-11 Denied Response WaivedIFP civil-rights constitutional-law constitutional-rights criminal-procedure criminal-prosecution double-jeopardy dual-sovereignty due-process federal-state-jurisdiction presumption-of-innocence prosecutorial-misconduct prosecutorial-vindictiveness Does the prophylactic presumption of prosecutorial vindictiveness (North Carolina v. Pearce, 395 U.S. 711 (1982)) apply when two different sovereigns …
18-7286 Johnathan Masters v. Kentucky Kentucky 2019-01-08 Denied Amici (2)Response WaivedIFP constitutional-rights criminal-prosecution criminal-statute first-amendment free-speech good-order-and-discipline school-speech vagueness void-for-vagueness One area where free speech is under significant attack is within this country's school system, where perhaps the most vulnerable class of individuals …
18-858 James McCullars v. United States Seventh Circuit 2019-01-07 Denied Response Waived advertisement advertising-statute communication-privacy criminal-law criminal-prosecution due-process first-amendment free-speech legal-interpretation notice notice-and-advertisement private-communications statutory-interpretation trial-evidence Whether the proof at trial which established that petitioner was only engaged in private, closed communications - either one-to-one, or among a small …
18-6945 William Nathaniel Washington v. Scott Frauenheim, Warden Ninth Circuit 2018-12-06 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-rights criminal-procedure criminal-prosecution due-process evidence-fabrication fabricated-evidence false-evidence law-enforcement law-enforcement-misconduct miranda-waiver If there exist authentic uncontradicted testimonial evidence in the record of a criminal proceedings that proves that a member of a law enforcement ag…
18-669 Shane M. Gates v. Walter Reed, et al. Fifth Circuit 2018-11-21 Denied Response Waived civil-rights conflict-of-interest criminal-procedure criminal-prosecution due-process hobbs-act insurance-interference malicious-prosecution prosecutorial-misconduct substantive-due-process 1. Whether the Court of Appeals erred by failing to recognize that a District Attorney, who in his private law practice represented, and received hund…
18-6674 Octavious Lamar Rhymes v. Texas Texas 2018-11-09 Denied IFP criminal-procedure criminal-prosecution double-jeopardy due-process judicial-vindictiveness jurisdiction prosecutorial-vindictiveness same-criminal-episode venue-transfer Where Rhymes' due process rights violated by prosecutorial and judicial vindictiveness. When after being prosecuted in one county, and receiving a sho…
18-6348 Eric M. Pence v. Illinois Illinois 2018-10-16 Denied Response WaivedIFP criminal-law criminal-prosecution criminal-statute disorderly-conduct due-process electronic-communication fighting-words first-amendment free-speech true-threat true-threats This case presents an important question involving the application of the First Amendment to the Constitution to state disorderly conduct statutes pro…
18-6311 Winston Ray Walters v. Oklahoma Oklahoma 2018-10-12 Denied IFP congress congressional-disestablishment criminal-jurisdiction criminal-law criminal-prosecution disestablishment federal-jurisdiction federal-law habeas-corpus indian-reservation tribal-jurisdiction tribal-member tribal-membership Whether Congress has disestablished the reservation of the Kiowa-Comanche-Apache Nation in Oklahoma.
18-444 Montana v. Ronald Dwight Tipton Montana 2018-10-09 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) calder-v-bull criminal-prosecution dna-evidence ex-post-facto sex-crimes statute-of-limitations stogner-v-california In Stogner v. California, 539 U.S. 607 (2003), this Court held that a California statute that revived timebarred prosecutions for sex-related child ab…
18-6004 Matthew Jones v. Superior Court of Connecticut, et al. Second Circuit 2018-09-17 Denied Response WaivedIFP civil-procedure civil-prosecution civil-rights constitutional-rights criminal-law criminal-liability criminal-prosecution due-process government-employee government-immunity hiv-disclosure immunity statutory-interpretation yale-university civil prosecution? 2. Is having sex without divulging an infected partner's HIV status considered attempted murder? 3.Is Yale University considered a …
18-6011 Irek Ilgiz Hamidullin v. United States Fourth Circuit 2018-09-17 Denied Response RequestedResponse WaivedRelisted (2)IFP armed-conflict article-iii-court battlefield-conduct combatant-detention common-law-defense criminal-prosecution foreign-soldiers international-law military-law war-crimes (1) Whether Army Regulation 190-8 requires, as a necessary prerequisite to criminal prosecution of combatants under domestic law based on determinatio…
18-5966 Joseph Faulkner v. United States Seventh Circuit 2018-09-13 Denied Response WaivedIFP criminal-prosecution double-jeopardy fifth-amendment law-of-case-doctrine law-of-the-case prosecution sentencing sentencing-enhancement uncharged-conduct witte-v-united-states (1) Whether the use of uncharged conduct to increase a sentence means the conduct was used to punish, and a subsequent prosecution for the same conduc…
18-192 J. B. R. v. United States Fifth Circuit 2018-08-14 Denied age-of-criminal-responsibility constitutional-limits constitutional-punishment criminal-prosecution death-penalty due-process first-degree-murder juvenile-justice juvenile-offender juvenile-offenders life-imprisonment prosecutorial-discretion statutory-interpretation statutory-punishment Whether the Due Process Clause forbids the Government from prosecuting an individual who was a juvenile at the time of the crime under a statute that …