criminal-threats

5 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
21-6986 John Atlas, Jr. v. Patrick Covello, Warden Ninth Circuit 2022-01-27 Denied Response WaivedIFP criminal-street-gang criminal-threats due-process ineffective-assistance intent life-sentence mental-state mental-state-defense schizophrenia trial-counsel Whether Petitioner John Atlas, Jr. stated a prima facie case of ineffective assistance of trial counsel where (1) Atlas was charged with making crimin…
21-6759 Darla Ray Jones v. D. K. Johnson, Warden Ninth Circuit 2022-01-05 Denied Response WaivedIFP conflict-of-interest criminal-defendant criminal-threats drug-possession due-process effective-assistance-of-counsel forgery habeas-corpus prosecution prosecutorial-misconduct On de novo review, is a criminal defendant deprived of the effective assistance of counsel because of her lawyer's conflict of interest when, at the t…
20-7584 In Re Terril Lee Graham 2021-03-26 Denied Response WaivedIFP 1st-amendment 5th-amendment criminal-threats due-process exculpatory-evidence fifth-amendment first-amendment free-speech public-defender 1. Is California Penal Code 422, Criminal Threats, an invalid statute, prohibiting the exercise of 1% Amendment free speech rights? (In re Robbins : (…
19-1051 Kansas v. Timothy C. Boettger Kansas 2020-02-24 Denied Amici (2)Relisted (3) civil-rights constitutional-protection criminal-law criminal-threats due-process first-amendment free-speech reckless-disregard standing state-law threat Does the First Amendment prohibit a State from criminalizing threats to commit violence communicated in reckless disregard of the risk of placing anot…
18-6466 Wilson C. Ortega v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2018-10-29 Denied Response WaivedIFP assault criminal-enhancement criminal-street-gang criminal-threats false-imprisonment gang-evidence gang-related ineffective-assistance-of-counsel predicate-offenses prejudicial-evidence sixth-amendment trial-procedure In California, evidence of other gang members' commission of qualifying predicate offenses is relevant to prove criminal street gang enhancements, but…