criminal-trial

160 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6812 Himen Ross v. United States Second Circuit 2026-02-13 Pending IFP constitutional-fairness criminal-trial district-court-discretion gang-evidence jury-prejudice mistrial-motion 1. Whether the district court abused its discretion by allowing the government to introduce highly prejudicial evidence and argument linking Ross to a…
25-6445 Charlie Bullock v. Virginia Virginia 2025-12-30 Pending Response WaivedIFP 14th-amendment constitutional-rights criminal-trial due-process false-testimony witness-testimony (1) . In claim number two of petitioner's state "Motion to Vacate", was the petitioner's 14th Amendment Due Process Rights violated when Detective Cuf…
25A580 Tony Phillips v. United States Third Circuit 2025-11-17 Application appellate-review criminal-trial due-process judicial-discretion life-imprisonment sentencing Question not identified.
25-6053 Marchello Moore v. United States Sixth Circuit 2025-11-06 Denied Response WaivedIFP criminal-trial defendant-appearance fact-finder fair-trial precedential-case sixth-circuit (1) Whether the Sixth Circuit erred by prohibiting fact-finders in a criminal trial from considering the in-court appearance of the defendant as it co…
25A308 Ynddy Blanc v. United States Eleventh Circuit 2025-09-17 Presumed Complete appellate-review circuit-court conviction-standard criminal-trial jury-deadlock mistrial Question not identified.
25-5579 Kevin Marvell Jackson v. United States Tenth Circuit 2025-09-08 Denied Response WaivedIFP criminal-trial due-process fifth-amendment judicial-coercion jury-instructions sixth-amendment Whether the district violate d petitioner's Fifth and Sixth Amendment rights to due process and a fair trial by issuing repeated instructions that for…
25-5520 Dennis Wilson v. United States Seventh Circuit 2025-09-02 Denied Response WaivedIFP criminal-trial due-process fundamental-rights plea-agreement rights-to-counsel sentencing Whether the predicted outcome and the potential sentence faced by Mr. Wilson, should he be convicted at trial, is to be compared to the plea agreement…
25A18 Juan Carlos Sandoval-Rodriguez v. United States Fourth Circuit 2025-07-08 Presumed Complete constitutional-standard criminal-trial due-process fourth-circuit jury-instruction reasonable-doubt Whether a trial court in criminal proceedings must, upon request from the jury or the defendant, issue an instruction regarding the meaning of the "be…
25A8 Jose Joya Parada, Oscar Armando Sorto Romero, Milton Portillo Rodriguez, and Juan Carlos Sandoval Rodriguez v. United States Fourth Circuit 2025-07-01 Presumed Complete constitutional-interpretation criminal-trial jury-composition jury-size sixth-amendment williams-v-florida Question not identified.
24-7439 In Re Terron Dizzley 2025-06-17 Denied Relisted (2)IFP burden-of-proof criminal-trial double-jeopardy fifth-amendment judicial-discretion trial-court-jurisdiction Did the trial court exceed its jurisdiction in violation of the Fifth Amendment's Double Jeopardy Clause by trying Mr. Dizzley a second time for the c…
24-7100 Gerald Brent Harris v. Scott Frauenheim, Warden Ninth Circuit 2025-04-30 Denied Response WaivedIFP criminal-trial district-court due-process fundamental-fairness gvr-order intervening-decision Whether the Court should issue a GVR order to allow the district court to apply the intervening decision in Andrew v. White, 145 S. Ct. 75 (2025), to …
24-6875 Kayle B. Bates v. Florida Florida 2025-03-27 Denied IFP constitutional-rights criminal-trial juror-bias jury-contact legal-procedure post-verdict-communication Whether Florida unconstitutionally limits post-verdict contact between former jurors and attorneys.
24-6376 Marion Bowman, Jr. v. Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. South Carolina 2025-01-23 Denied IFP capital-sentencing constitutional-rights criminal-trial due-process ineffective-assistance racial-bias Marion Bowman's capital trial counsel predicated his defense upon, and repeatedly injected, odious racial stereotypes about Bowman, a black man, and h…
24-780 Anthony Blue v. New York New York 2025-01-23 Denied Response RequestedResponse WaivedRelisted (2) constitutional-right criminal-trial defendant-understanding right-to-counsel sentencing-range waiver Whether a valid waiver of the constitutional right to counsel at trial requires that the defendant understood, at the time of the waiver, the "range o…
24-6323 Ernest Green v. United States Second Circuit 2025-01-16 Denied Response WaivedIFP constitutional-rights criminal-trial impartial-jury racial-bias sixth-amendment voir-dire In a criminal trial, does the right to an impartial jury, guaranteed by the Sixth Amendment, require a defendant of a minority race to be afforded voi…
24-5547 Clifton Bean v. Florida Florida 2024-09-16 Denied Response WaivedIFP constitutional-rights criminal-trial fourteenth-amendment jury-composition life-sentence sixth-amendment Does the Sixth, and Fourteenth Amendments guarantee the right to a trial by a twelve person jury when the defendant is charged with a felony that requ…
24-121 John Won v. United States Second Circuit 2024-08-02 Denied Amici (1) confrontation-clause constitutional-procedure criminal-procedure criminal-trial due-process evidence exceptional-circumstances interest-of-justice sixth-amendment two-way-video video-testimony Whether the Confrontation Clause contains an exception that permits the government to present testimony at a criminal trial by two-way video so long a…
23-7807 Marcus Anthony Barnes v. United States Eleventh Circuit 2024-06-26 Denied Response WaivedIFP civil-procedure civil-procedure,due-process,criminal-trial,federal court-of-appeals criminal-trial factual-evidence fifth-amendment rule-60b 1. Whether descriptions or summary of evidence, is sufficiently accurate enough to determine a Federal Rule of Civil Procedure 60(b)(1) motion allegin…
23-7711 Philong Nghia Huynh v. J. Lizarraga Ninth Circuit 2024-06-13 Denied Response WaivedIFP confrontation-clause criminal-procedure criminal-trial forensic-nurse sixth-amendment surrogate-nurse surrogate-testimony testimonial-statements testimony Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a surrogate nurse conveyin…
23-7697 Zachary Kelsey v. Tim Garrett, Warden, et al. Ninth Circuit 2024-06-12 Denied Response WaivedIFP cause-of-death closing-argument criminal-procedure criminal-trial forensic-pathologist forensic-pathology habeas-corpus ineffective-assistance-of-counsel second-degree-murder sixth-amendment 1. Whether Zachary Kelsey was deprived of the effective assistance of counsel when trial counsel waived Kelsey's closing argument at trial. 2. Whethe…
23-7537 Mike Austin Anderson v. United States Fifth Circuit 2024-05-22 Denied Response WaivedIFP appeal criminal-procedure criminal-trial due-process judicial-procedure jury-instructions jury-verdict motion-to-revoke recusal-motion standard-of-review sufficiency-of-evidence 1) Whether the district court erred by finding that the prosecution produced sufficient evidence at trial for a reasonable jury to return a guilty ver…
23-7521 Keith Lamar Rodgers v. Florida Florida 2024-05-21 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23A1028 Kalamice Keson Piggee v. Gena Jones, Warden Ninth Circuit 2024-05-20 Presumed Complete competency-hearing criminal-trial due-process habeas-corpus ineffective-assistance mental-health Question not identified.
23-7472 Torrie Chermaine Austin v. Florida Florida 2024-05-14 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-7387 Justin Luis Sanchez v. Florida Florida 2024-05-06 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-7356 Jonathan Burnett v. Georgia Georgia 2024-05-01 Denied Response WaivedIFP child-molestation crime-victims criminal-procedure criminal-trial ineffective-assistance ineffective-assistance-of-counsel jury-selection voir-dire WHETHER TRIAL COUNSEL'S FAILURE DURING VOIR DIRE IN A CHILD MOLESTATION CASE TO EXPLORE AND INVESTIGATE WHETHER JURORS HAD BEEN CRIME VICTIMS (DIRECTL…
23-7298 Jonathan Wayne Daniels v. United States Eleventh Circuit 2024-04-24 Denied Response WaivedIFP criminal-procedure criminal-trial due-process eyewitness-identification hobbs-act-robbery jury-instruction jury-instructions suggestive-identification suggestive-procedure third-circuit Whether petitioner's jury was adequately "warn[ed] to take care in appraising identification evidence," in accordance with due process, where his jury…
23-7272 Matthew Michael Albritton v. Florida Florida 2024-04-19 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-7244 Clarence F. Stephenson v. Florida Florida 2024-04-17 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure criminal-trial fourteenth-amendment jury-composition jury-trial life-felony sixth-amendment I. Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a life felony…
23-7245 Dustin Jay Harpel v. Florida Florida 2024-04-17 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-7162 James Hodge v. Florida Florida 2024-04-08 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-7150 Elana Gordon v. Massachusetts Massachusetts 2024-04-05 GVR Response RequestedResponse WaivedRelisted (4)IFP confrontation-clause criminal-procedure criminal-trial expert-testimony expert-witness forensic-evidence forensic-testimony right-to-counsel sixth-amendment trial-counsel 1. Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute forensic e…
23-7078 Jeffery Wayne Taylor v. United States Eighth Circuit 2024-03-26 Denied Response WaivedIFP confrontation-clause criminal-procedure criminal-trial cross-examination due-process evidence first-step-act out-of-court-statements sixth-amendment I. IS IT A VIOLATION OF THE CONFRONTATION CLAUSE WHEN EXERCISING OUT'S RIGHT TO TRIAL, THAT AN OUT-OF-COURT STATEMENT CONNECTING THE DEFENDANT DIRECTL…
23-6937 Mahmoud Almuhtaseb v. Florida Florida 2024-03-08 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-6891 Joshua Terrel Brown v. Florida Florida 2024-03-05 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-trial felony fourteenth-amendment jury-composition jury-size sixth-amendment trial-by-jury williams-v-florida Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a felony?
23-6901 Joshua Lane Tansil v. Florida Florida 2024-03-05 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-6723 Brandon Keith Owensby v. Florida Florida 2024-02-12 Denied IFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-6622 Miguel Jaimes-Luviano v. Florida Florida 2024-01-30 Denied IFP constitutional-law constitutional-rights criminal-procedure criminal-trial felony fourteenth-amendment jury-composition jury-size jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a felony?
23-6597 Abraham Fagot Mejia v. Florida Florida 2024-01-26 Denied IFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-6558 Freddie Quinn v. Florida Florida 2024-01-24 Denied IFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-6527 Jermaine Anderson, Jr. v. Florida Florida 2024-01-22 Denied IFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-6358 Devadrick Markevin Booker v. United States Fifth Circuit 2023-12-27 Denied Response WaivedIFP criminal-procedure criminal-trial due-process jury-instructions prosecutorial-evidence reasonable-doubt standard-of-review sufficiency-of-evidence Whether the district court erred by finding that the prosecution produced sufficient evidence at trial for a reasonable jury to return guilty verdicts…
23-6304 Onterrious V. Tillman v. Florida Florida 2023-12-19 Denied Relisted (5)IFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-6289 Wisben Sanon v. Florida Florida 2023-12-18 Denied Relisted (5)IFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23A555 Brandon Michael Council v. United States Fourth Circuit 2023-12-15 Presumed Complete competency-hearing criminal-trial due-process ineffective-assistance mental-competence supreme-court-review Question not identified.
23-6175 Phillip A. Kenner v. United States Second Circuit 2023-12-06 Denied Response WaivedIFP criminal-procedure criminal-trial due-process evidence-standard government-witness napue-standard napue-v-illinois perjury prosecutorial-misconduct witness-perjury At a criminal trial, Petitioner sought to confront a Government witness with notes of an interview, taken by Government agents, which reflected a prio…
23-6180 Clifford Allen Follansbee v. Arizona Arizona 2023-12-06 Denied IFP arizona-constitution constitutional-rights criminal-procedure criminal-trial due-process judicial-review procedural-fairness professional-norm structural-error united-states-constitution Are Arizona. Judiciaries violating 4be Doe. Process Clause <dr 4be Arizona. and Un;4ed States ConoViVuWm / bu, practicing a Professional fJocm AWsA is…
23-6143 Howard Nelson Bartee, III v. Florida Florida 2023-12-01 Denied Relisted (6)IFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-6106 Damion Edward Cruz-Benavente v. United States Fifth Circuit 2023-11-27 Denied Response WaivedIFP appellate-standard constitutional-error criminal-procedure criminal-trial cumulative-error cumulative-errors due-process harmless-error judicial-review procedural-fairness standard-of-review verdict-influence To determine whether a criminal trial was unfair because of cumulative errors, does a court review whether the aggregate errors—both preserved and for…
23-6049 Jimmie Jerome Manning, Jr. v. Florida Florida 2023-11-17 Denied Relisted (8)IFP constitutional-rights criminal-procedure criminal-trial felony fourteenth-amendment jury-composition jury-size jury-trial sixth-amendment williams-v-florida Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-5965 Cody Enrriquez v. Florida Florida 2023-11-07 Denied Relisted (9)IFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-5938 Loren J. Larson, Jr. v. Alaska Alaska 2023-11-02 Denied Response WaivedIFP criminal-procedure criminal-trial due-process fair-trial fifth-amendment juror-testimony sixth-amendment structural-error In Alvarez-Perdomo v. State , 454 P.3d 998, 999 (Alaska 2019), the Alaska Supreme Court held that compelling a defendant to testify in violation of t…
23-5806 Jason Wayne Oien v. Chad Pringle, Warden Eighth Circuit 2023-10-18 Denied IFP civil-rights constitutional-rights criminal-procedure criminal-trial due-process jury-instructions marijuana prejudicial-evidence retroactivity sentencing Question not identified.
23-5618 Gustavo Tijerina Sandoval v. Texas Texas 2023-09-20 Denied Relisted (10)IFP constitutional-rights criminal-procedure criminal-trial due-process jury-empanelment jury-selection lower-court-split trial-procedure 1. Given that jury selection is one of the most critical phases of a criminal trial, how should courts determine when jury empanelment begins for a pa…
23-5579 Fitzroy C. Morton v. Florida Florida 2023-09-14 Denied Response RequestedResponse WaivedRelisted (18)IFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-5570 Scottie Andrea Jackson v. Florida Florida 2023-09-13 Denied Response RequestedResponse WaivedRelisted (18)IFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-5554 Cameron L. Hickman v. United States Fifth Circuit 2023-09-12 Denied Response WaivedIFP burden-of-proof criminal-procedure criminal-trial due-process jury-instructions prosecutorial-burden reasonable-doubt sexual-assault standard-of-review sufficiency-of-evidence Whether the prosecution presented sufficient evidence at trial to establish the elements of the alleged crime.
23-5486 Gilberto Gonzalez-Gonzalez v. United States Eleventh Circuit 2023-08-30 Denied Response WaivedIFP burden-shifting carella-v-california criminal-trial due-process francis-v-franklin joint-possession jury-instructions legal-precedent mandatory-presumptions Whether, after Francis v. Franklin, 471 U.S. 307 (1985) and Carella v. California, 491 U.S. 263 (1989), the burden-shifting jury instructions on joint…
23-5193 Bradley Ross Fairbourn v. Neicole Morden, Warden, et al. Tenth Circuit 2023-07-25 Denied Response WaivedIFP criminal-procedure criminal-trial due-process fair-trial habeas-corpus impliedly-biased-juror juror-bias strickland-standard strickland-v-washington structural-error weaver-v-massachusetts Whether, in light of this Court's decision in Weaver v. Massachusetts , __ U.S. __, 137 S. Ct. 1899, 198 L. Ed. 2d 420 (2017), the actual -prejudi ce …
23-5171 Natoya Cunningham v. Florida Florida 2023-07-21 Denied Response RequestedResponse WaivedRelisted (19)IFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-5173 Jose Luis Guzman v. Florida Florida 2023-07-21 Denied Response RequestedResponse WaivedRelisted (18)IFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-5023 Kirby R. Thomas v. Louisiana Louisiana 2023-07-03 Denied Relisted (2)IFP civil-rights criminal-trial due-process equal-protection fair-trial impartial-jury jury-selection petit-venire racial-discrimination 1) Whether Louisiana deprived Mr. Thomas of his right to an impartial jury trial before his peers through a petit venire selection process that effect…
22-7460 Carlos Darnell Dixon v. Tennessee Tennessee 2023-05-04 Denied IFP 2nd-amendment civil-rights constitutional-rights criminal-procedure criminal-trial due-process evidence firearm-possession jury-inference jury-trial second-amendment The issue presented in this application has never been addressed by this Court; to wit, to what extent may the State violate a citizen's right to bear…
22-989 Rodney Lynn Dalton v. Arizona Arizona 2023-04-11 Denied Response Waived appellate-review constitutional-rights criminal-trial cumulative-error due-process prosecutorial-misconduct standard-of-review What is the appropriate standard for determining cumulative prosecutorial misconduct in a criminal trial?
22-7033 DeAndre Forrest v. United States Sixth Circuit 2023-03-17 Denied Response WaivedIFP appellate-procedure certificate-of-appealability constitutional-rights criminal-procedure criminal-trial due-process habeas-corpus ineffective-assistance-of-counsel sixth-amendment 1. Whether Forrest's Sixth Amendment was violated when his counsel conceeded his guilt during trial? 2. Whether the Sixth Circuit Court of Appeals Er…
22-899 Jason Smith v. Arizona Arizona 2023-03-16 Judgment Issued Amici (10)Response RequestedResponse WaivedRelisted (2) 6th-amendment confrontation-clause criminal-procedure criminal-trial expert-testimony forensic-analysis sixth-amendment subpoena testimonial-evidence Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute expert convey…
22-6781 Samuel Adkins v. Texas Texas 2023-02-14 Denied IFP attorney-client-relationship criminal-trial effective-assistance-of-counsel habeas-corpus ineffective-assistance pre-trial-proceedings sexual-abuse sixth-amendment trial Did the state court err when it held that Petitioner's Sixth Amendment right to the Effective assistance of counsel was not violated where Petitioner …
22-6467 Louis Antonio Zayas v. United States Third Circuit 2023-01-05 Denied Response WaivedIFP certiorari controlled-substances criminal-procedure criminal-trial directed-verdict due-process evidence-disclosure harmless-error jury-instruction jury-instructions prosecutorial-conduct 1. Should the Supreme Court grant certiorari to consider whether the erroneous decision of the Trial Court to instruct the jury that the United States…
22-6209 Mayeli Molina v. United States Fifth Circuit 2022-12-02 Denied Response WaivedIFP civil-rights criminal-procedure criminal-trial dual-role-witnesses due-process expert-testimony jury-instructions sentencing sentencing-standards substantial-rights witness-testimony 1. Whether Molina's substantial rights were affected when two-thirds of the Government's witnesses testified in dual roles as experts and fact witness…
22-6180 Alvaro Noe Mendoza-Valencia v. Oregon Oregon 2022-11-30 Denied Response WaivedIFP attorney-client-relationship criminal-trial due-process effective-assistance-of-counsel ineffective-assistance jury-trial right-to-counsel sixth-amendment substitution-counsel 1. Can a state trial court deny a criminal defendant's request for substitution counsel without any reasonable inquiry into trial counsel's performanc…
22-6155 Ryan McGuire v. United States Ninth Circuit 2022-11-28 Denied Response WaivedIFP confrontation confrontation-clause criminal-trial cross-examination due-process fair-trial impeachment impeachment-evidence law-enforcement 1. Does a trial court's ruling excluding evidence at trial violate a criminal defendant's right to due process, including the rights to confront and e…
22-487 Douglas Tyrone Armstrong v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-11-22 Denied Response Waived ABA-standards capital-murder constitutional-deficiency criminal-trial habeas-corpus ineffective-assistance-of-counsel prejudice prevailing-norms professional-competence Whether an incarcerated inmate's trial counsel provided constitutionally deficient representation under the "prevailing norms" of the American Bar Ass…
22-399 Adam Dean Brown v. Florida Department of Corrections Eleventh Circuit 2022-10-31 Denied accident-reconstruction burden-of-proof certificate-of-appealability criminal-procedure criminal-trial due-process evidence expert-testimony ineffective-assistance-of-counsel prosecutorial-misconduct traffic-accident Did Petitioner satisfy the burden for the issuance of a certificate of appealability on his ineffective assistance of counsel claims where his trial a…
22-5947 Kevin Johnson v. Missouri Missouri 2022-10-31 Denied IFP criminal-procedure criminal-trial death-penalty eighth-amendment juror-misconduct juvenile-justice mental-health mental-impairment racial-bias 1. In light of a court's duty to issue a remedy that "neutralize[s] the taint of a constitutional violation" while avoiding the grant of "a windfall t…
22-5840 Joseph Shook v. Florida, et al. Eleventh Circuit 2022-10-14 Denied IFP constitutional-rights criminal-trial due-process evidence evidence-admission evidentiary-hearing ineffective-assistance-of-counsel ineffective-counsel jury-selection life-sentence prejudice prejudicial-testimony right-to-remain-silent Whether a Petitioner who is serving a life sentence without the possibility of parole is denied his constitutional rights do to trial court err by: A…
22-5733 Robert Brown, II v. United States Sixth Circuit 2022-10-03 Denied Response WaivedIFP appellate-review criminal-procedure criminal-trial evidence fair-trial jury jury-bias perjury perjury-evidence rico rico-conspiracy sixth-amendment The Government here alleged the Seven Mile Bloods operated as an enterprise in Detroit, Michigan, in an area known as the "Red Zone." The Government a…
22-5520 Anthony Sims, Jr. v. New Jersey New Jersey 2022-09-07 Denied IFP confrontation-clause criminal-trial cross-examination hearsay hearsay-statement memory-loss pre-trial-hearing sixth-amendment testimonial-evidence The Confrontation Clause bars testimonial hearsay when the defendant has not had the opportunity for cross-examination. At Mr. Sims' trial for attempt…
22-5506 Kacey Lewis v. Angel Quiros, Commissioner, Connecticut Department of Correction Connecticut 2022-09-02 Denied Response WaivedIFP appellate-procedure appellate-review criminal-procedure criminal-trial due-process effective-assistance-of-counsel fair-trial habeas-corpus judicial-discretion state-court-proceedings I. WHETHER THE PETITIONER WAS' DEPRIVED OF HIS RIGHTS TO A FAIR ' TRIAL DURING HIS 2009 CRIMINAL TRIAL COURT PROCEEDINGS IN THE JUDICIAL'DISTRICT OF…
22-5471 Tremain Lamar Braxton, Timothy Roy Mason, and Darrell Lee-Lamont Summers, II v. United States Sixth Circuit 2022-08-30 Denied Response WaivedIFP confrontation-clause confrontation-rights criminal-sexual-conduct criminal-trial cross-examination evidence-exclusion incentive-to-testify sixth-amendment witness-credibility Whether a defendant's Sixth Amendment confrontation rights are violated when a trial court bars all cross-examination about events that concededly too…
22-5458 Kenneth Lainell Davis v. Florida Florida 2022-08-29 Denied IFP criminal-defendant criminal-procedure criminal-trial due-process eighth-amendment felony jury jury-composition juvenile-sentencing mandatory-minimum sixth-amendment 1. Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense. 2. Whether the imposition of a …
22-5072 Basil Bey v. United States Third Circuit 2022-07-12 Denied Response WaivedIFP criminal-procedure criminal-trial due-process evidence-rule-701 evidentiary-standards federal-rules-of-evidence law-enforcement-testimony opinion-evidence uniform-standards witness-testimony 1. Whether this Court should set limits on what law enforcement testimony should be admitted as opinion evidence under Federal Rule of Evidence 701.
21-8002 Daniel Taylor v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2022-05-31 Denied Response WaivedIFP constitutional-rights criminal-trial due-process griffin-v-illinois innocence judicial-integrity jury-verdict miscarriage-of-justice post-conviction prosecutorial-conduct trial-transcript Question not identified.
21-7737 Justin L. Douglas v. Wisconsin Wisconsin 2022-04-28 Denied Response WaivedIFP appellate-review civil-rights counsel criminal-trial due-process ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence search-and-seizure standing trial-strategy 1. Supreme Court of Wisconsin error in not ruling on my right to have counsel 2. Supreme Court of Wisconsin error in ruling on my attorney ineffectiv…
21-1146 Gary McClain v. Texas Texas 2022-02-17 Denied client-autonomy criminal-procedure criminal-trial defense-counsel fundamental-rights right-to-counsel sixth-amendment structural-error trial-strategy This Court held in McCoy v. Louisiana, 138 S. Ct. 1500 (2018), that defense counsel may not concede his client's guilt in the guilt phase of trial if …
21-7076 Richard Maurival v. United States Eleventh Circuit 2022-02-08 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-trial eleventh-circuit evidentiary-inquiry juror-statements jury-deliberations peña-rodriguez-v-colorado racial-bias sixth-circuit Where disclosure of jurors' statements in their deliberations shows racial bias that may have tainted the verdict in a criminal trial, must the distri…
21-6970 Nigel Kinte Wright v. Steven Rivard, Warden Sixth Circuit 2022-01-26 Denied Response WaivedIFP criminal-trial cumulative-errors due-process evidentiary-errors fundamental-fairness fundamental-unfairness harmless-error judicial-review sixth-amendment To what extent is the test for analyzing whether cumulative evidentiary errors created a fundamentally unfair criminal trial coextensive with the test…
21-6702 Oscar Porter v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2021-12-22 Denied Response WaivedIFP 28-usc-2254 alibi-witness alibi-witnesses criminal-trial eyewitness-identification eyewitness-testimony habeas-corpus identification ineffective-assistance ineffective-assistance-of-counsel sixth-amendment 1. Is the Sixth Amendment violated when trial counsel pre-judges and excludes close friends and family from testifying as alibi witnesses without inve…
21-5971 Adrian Torres v. Warren Montgomery, Warden Ninth Circuit 2021-10-14 Denied Response WaivedIFP constitutional-rights criminal-trial cumulative-error doyle-error due-process evidence-exclusion ineffective-assistance prosecutorial-misconduct ptsd right-to-present-defense I. Did Trial Counsel Render Ineffective Assistance by Failing to Investigate and Present a PTSD Expert?; Was an Evidentiary Hearing Was Required? II.…
21-5856 Raymond LeQuan Gibbs v. Neil McDowell, Warden Ninth Circuit 2021-10-04 Denied Response WaivedIFP bias confrontation-clause credibility criminal-trial cross-examination informant-testimony informant-witness sixth-amendment witness-credibility The Sixth Amendment's Confrontation Clause guarantees a criminal defendant a reasonable opportunity to cross-examine the witnesses against him. The br…
21-5669 Thomas Woods v. Nelson Alves, Superintendent, Massachusetts Correctional Institution at Norfolk First Circuit 2021-09-14 Denied Response WaivedIFP 5th-amendment adversarial-system compelled-testimony constitutional-rights criminal-trial due-process fifth-amendment grand-jury racial-disparities self-incrimination 1) Where a target of a grand jury investigation is compelled under threat of the pains and penalties of the law to appear to testify at the grand jury…
21-5567 Damond Dean v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-03 Denied IFP corroborating-evidence criminal-trial due-process ineffective-assistance reasonable-investigation strickland-standard strickland-v-washington therapist-testimony trial-counsel witness-credibility Question Number One: Counsel rendered ineffective assistance by failing to object to K.H.'s (Complainant) therapist's testimony when she told the jur…
21-5575 Frederick Arayatanon v. United States Fifth Circuit 2021-09-03 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial defendant-rights district-court due-process evidence evidentiary-admission fair-trial jail-telephone-calls presumption-of-innocence Do-es —t-he—admirs's!on of "jail telephone calls by the District Court during defendant's trial undermine defendant's presumption of innocence?
21-5451 John M. Wasson v. United States Ninth Circuit 2021-08-23 Denied Response WaivedIFP appeal criminal-procedure criminal-trial due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions legal-counsel mining-claim right-to-counsel The questions presented are: 1. Did Mr. Wasson have adequate counsel during his trial and appeal? 2. Was Mr. Wasson's accessing his mining claim's c…
21-5329 Omar Sharpe v. United States Second Circuit 2021-08-10 Denied Response WaivedIFP constitutional-rights court-of-appeals courtroom-behavior criminal-trial district-court due-process illinois-v-allen shackling Whether Petitioner's Due Process rights were violated when the Court of Appeals failed to remedy the District Court's improper shackling of Petitioner…
21-5291 Leonardo Miguel Garcia Morales, aka El Padrino v. United States Eleventh Circuit 2021-08-04 Denied Response WaivedIFP criminal-procedure criminal-trial critical-stage defendant-presence district-court-discretion due-process judicial-discretion jury-deliberations right-to-presence testimony-of-accused testimony-rehearing Does the right to presence at critical stages of a criminal trial extend to proceedings before the jury in which the district court discourages the ju…
21-5236 Manvester Evans, III v. Georgia Georgia 2021-07-28 Denied IFP abandonment-of-counsel appellate-review constitutional-rights criminal-trial due-process effective-assistance-of-counsel ineffective-assistance out-of-time-appeal right-to-appeal right-to-counsel trial-court-discretion 1. Is the Abanoclon men 7 of couse l Loe rhe cleberclqurp Atzek a plea heaaive CL Seurencingy Of Couszizuriaual Ellec rive Assisvauce ot Counsel ° . …
21-5192 Gilberto Antonio Guillen-Hernandez v. Texas Texas 2021-07-23 Denied IFP constitutional-law constitutional-requirement continuous-sexual-abuse criminal-procedure criminal-trial due-process jury-conviction jury-unanimity sexual-abuse sixth-amendment Does the constitutional requirement of jury unanimity, contained within the Sixth Amendment of the United States Constitution, require a jury to be un…
20-1709 David Ming Pon v. United States Eleventh Circuit 2021-06-10 Denied Amici (3)Relisted (2) appellate-review criminal-procedure criminal-trial due-process evidence-standard government-case harmless-error judicial-review presumption-of-innocence standard-of-review Whether an appellate court reviewing a cold criminal trial record may determine that an error at trial was harmless by applying an "overwhelming evide…
20-7978 Todd Alan Winkler v. California California 2021-05-10 Denied Response WaivedIFP constitutional-rights criminal-trial due-process evidence fourteenth-amendment fundamental-fairness inflammatory-propensity propensity-evidence Did the California Court of Appeal err when it concluded that inflammatory propensity evidence, pervasively used and erroneously admitted in the petit…
20-7700 Robert Ibarra v. W. L. Montgomery, Acting Warden Ninth Circuit 2021-04-09 Denied Response WaivedIFP co-defendant-statements co-perpetrator-statements confrontation-clause constitutional-rights criminal-procedure criminal-trial due-process evidence-exclusion first-degree-murder hearsay right-to-defense right-to-present-defense Does the exclusion of statements by a co-perpetrator that he was solely responsible for the charged murder and the defendant was innocent, including t…
20-7614 Gerald Von Tobel v. Tim Garrett, Warden, et al. Ninth Circuit 2021-03-31 Denied Response WaivedIFP 28-usc-2254(d)(1) criminal-trial federal-review habeas-corpus juror-misconduct mattox-remmer-test mattox-v-united-states presumption-of-prejudice remmer-v-united-states state-court-procedure In Nevada, when a juror commits misconduct by engaging in an unauthorized conversation about a criminal trial with a third party, the Nevada state cou…
20-7353 Fivea Sharipoff v. Rob Persson, Superintendent, Coffee Creek Correctional Institution Ninth Circuit 2021-03-08 Denied IFP collateral-review constitutional-rights criminal-trial due-process evidence habeas-corpus jury meaningful-defense non-unanimous-jury retroactivity sixth-amendment I. Whether, in a case where the jury question was whether Petitioner acted with extreme indifference to the value of human life when she made a drivin…
20-7225 Derek Michael Rigsby v. Colorado Colorado 2021-02-24 Denied IFP criminal-procedure criminal-trial double-jeopardy due-process jury-instructions jury-verdict legal-remedy mutually-exclusive-verdicts sixth-amendment Whether the Due Process Clause and the Sixth Amendment require that a defendant receive a new trial where a jury returns mutually exclusive guilty ver…
20-7169 Lawrence Nunley v. Richard Brown Seventh Circuit 2021-02-19 Denied Response WaivedIFP child-witness criminal-trial evidence-admission ineffective-assistance ineffective-assistance-of-counsel judicial-error prosecutor structural-error testimony trial-counsel witness-testimony During the criminal trial, the prosecutor orchestrated a stunt to have a child witness write down the most critical portion of her testimony while on …
20-7017 Dennis Martin Beyer, Jr. v. Texas Texas 2021-02-02 Denied IFP constitutional-requirement continuous-sexual-abuse criminal-procedure criminal-trial due-process jury-conviction jury-unanimity sixth-amendment texas-court-of-criminal-appeals Does the constitutional requirement of jury unanimity require a jury to be unanimous as to specific acts of sexual abuse in order to convict a defenda…
20-6974 Freddie Lee Wilson v. United States Sixth Circuit 2021-01-28 Denied Response WaivedIFP 404(b) background-evidence circuit-split criminal-procedure criminal-trial drug-evidence evidence-rule federal-rules-of-evidence jury-testimony res-gestae At Wilson's jury trial the district court allowed testimony that Wilson sold drugs the day before the charged offenses as background evidence that was…
20-6935 Melvin Wofford v. Jeffrey Woods, Warden Sixth Circuit 2021-01-26 Denied Response WaivedIFP constitutional-question criminal-trial deliberating-juror deliberation-process judicial-discretion juror-dismissal juror-removal jury-unanimity merits-of-the-case sixth-amendment unanimous-jury-verdict Does a trial court violate the defendant's Sixth Amendment right to a unanimous jury verdict when the record establishes a reasonable possibility that…
20-921 Braulio Marcelo Castillo v. Virginia Virginia 2021-01-08 Denied Response Waived child-witness closed-circuit-testimony confrontation-clause crawford-precedent crawford-v-washington criminal-trial due-process maryland-v-craig sixth-amendment 1. Does the Confrontation Clause allow a non-victim child witness to testify against his father via two-way closed-circuit television when the witness…
20-6652 Rex Duane Stephenson v. Brandon Kelly, Superintendent, Oregon State Penitentiary Ninth Circuit 2020-12-18 Denied IFP collateral-review constitutional-rights criminal-trial direct-appeal federal-habeas-corpus habeas-corpus ineffective-assistance jury-unanimity post-conviction-relief ramos-v-louisiana sixth-amendment I. Whether counsel provides ineffective assistance in violation of the Sixth Amendment to the United States Constitution when he fails to investigate …
20-6268 Bryan Keith Roberts v. Texas Texas 2020-11-10 Denied Response WaivedIFP continuous-sexual-abuse criminal-trial criminal-trial-prejudice due-process jury-charge law-enforcement law-enforcement-presence prejudice right-to-fair-trial spectators statutory-interpretation Is the presence of a large number of uniformed, under cover, and armed spectators identifiable as law enforcement on the final day of the guilt-innoce…
20-633 Byron David Smith v. Jeff Titus, Warden Eighth Circuit 2020-11-10 Denied Response RequestedResponse WaivedRelisted (5) aedpa antiterrorism-act criminal-procedure criminal-trial due-process habeas-corpus public-trial sixth-amendment The question presented by this petition is whether the Sixth Amendment's public trial guarantee, within the review apparatus imposed by the Antiterror…
20-6169 Tykei Garner v. United States Third Circuit 2020-10-30 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial drug-conviction due-process evidence interstate-commerce interstate-transportation prejudice third-circuit Whether the Third Circuit Court of Appeals erred in affirming the District Court's Decision in allowing the Government to use a decade old New York Ci…
20-5956 Tracy Lynn Cope v. Randy Lee, Warden Sixth Circuit 2020-10-08 Denied Response WaivedIFP aedpa aedpa-standard brady-v-maryland brady-violation confidential-informant criminal-trial due-process prosecutorial-misconduct sixth-circuit sixth-circuit-review Whether the Sixth Circuit's property applied the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) in denying Petition relief where in the…
20-5737 Jesse Lewis v. United States Eleventh Circuit 2020-09-17 Denied Response WaivedIFP criminal-procedure criminal-trial due-process juror-misconduct jury-impartiality jury-selection religious-bias sex-trafficking sixth-amendment Whether, at petitioner's trial for sex trafficking—in which the government's case rested on evidence of the defendant's conduct as a procurer of prost…
20-5598 Gary Richardson v. Colorado Colorado 2020-09-04 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure criminal-trial due-process family-member impartial-jury jury-selection sixth-amendment structural-error Whether a trial judge commits structural error violating a defendant's Sixth Amendment and due process rights to an impartial and independent jury by …
20-5580 Kyle Phillips v. Florida Florida 2020-09-03 Denied Response WaivedIFP criminal-procedure criminal-trial due-process due-process-clause evidence-law evidentiary-rules fourteenth-amendment prior-act-evidence sexual-battery Whether it is a violation of the due process guaranteed by the Fourteenth Amendment for irrelevant prior-act evidence to be received in a criminal tri…
20-5379 Keith Adair Davis v. Washington Washington 2020-08-17 Denied Amici (2)Response RequestedResponse WaivedRelisted (2)IFP adversarial-process constitutional-rights criminal-procedure criminal-trial defense-counsel due-process pro-se-defendant right-to-counsel sixth-amendment unsettled-law Where a pro se defendant is absent from a criminal trial, whether due to misconduct or voluntary choice, is the trial court constitutionally required …
20-5304 Stephon Williams v. United States Eleventh Circuit 2020-08-07 Denied Response RequestedResponse WaivedRelisted (2)IFP adverse-effect conflict-of-interest criminal-trial cross-examination effective-assistance-of-counsel eleventh-circuit right-to-counsel sixth-amendment supreme-court-precedent witness-representation Whether Mr. Williams' Sixth Amendment right to conflict-free counsel was violated when his trial counsel simultaneously represented a witness testifyi…
20-5191 Joshua Edwards v. United States Fifth Circuit 2020-07-28 Denied Response WaivedIFP burden-of-proof criminal-procedure criminal-trial due-process elements-of-crime elements-of-offense fifth-circuit jury-instructions trial-defense Did the United States Court of Appeals for the Fifth Circuit err when it held that the district court's failure to instruct the jury on the elements o…
20-5115 Gerson Serrano-Ramirez v. United States Sixth Circuit 2020-07-21 Denied Response WaivedIFP criminal-procedure criminal-trial due-process evidence evidence-rules federal-procedure gang-affiliation jury-instructions motion-to-sever sufficiency-of-evidence venue Mr. Gerson Serrano-Ramirez was tried and convicted on in the United States District Court for the Middle District of Tennessee. Prior to and during tr…
20-5116 Steven B. Anderson v. Thomas Winn, Warden Sixth Circuit 2020-07-21 Granted Response WaivedIFP civil-rights confrontation-clause constitutional-rights criminal-trial demonstrative-evidence due-process fair-trial false-testimony ineffective-assistance-of-counsel prosecutorial-misconduct I. Did The State Prosecutor Violate Petitioner's Constitutional Right To Due Process By Presenting Known False Testimony And By Using Inconsistent The…
19-8856 Jason L. Brown v. Lisa M. Brown Third Circuit 2020-06-30 Denied IFP civil-procedure civil-rights constitutional-rights criminal-trial due-process fair-trial free-speech judicial-management prosecutorial-misconduct standing I Is it Sair Sor the Lower Courts to Deney my child and I rights to the Couts, and refer to us as Jodical IWaste, and Judicial Iarrassment Does a par…
19-8831 Eric Reid v. Arkansas Arkansas 2020-06-26 Denied IFP capital-case capital-cases constitutional-procedure criminal-trial death-penalty due-process jury-selection morgan-v-illinois voir-dire Whether the Arkansas' voir dire framework in capital cases conflicts with this Court's ruling in Morgan v. Illinois, 504 U.S. 719 (1992).
19-8542 Brian Lamar Brown v. Nevada, et al. Ninth Circuit 2020-05-27 Denied Response WaivedIFP closing-arguments criminal-procedure criminal-trial due-process fair-trial harmless-error jury-instructions legal-prejudice prosecutorial-misconduct Whether the prosecutor committed prejudicial misconduct during closing arguments?
19-8039 Jeffrey Clark v. Louisiana Louisiana 2020-03-18 Denied IFP counsel-conflict criminal-trial death-penalty due-process eighth-amendment faretta-waiver jury-trial right-to-counsel right-to-self-representation self-representation sixth-amendment Mr. Clark represented himself at trial because his lawyer planned to concede his guilt of second-degree murder. The Louisiana Supreme Court held the F…
19-7988 Junior Jean Baptiste v. United States Eleventh Circuit 2020-03-13 Denied Response WaivedIFP appellate-review confrontation-clause criminal-procedure criminal-trial due-process evidence harmless-error hearsay hearsay-standard standard-of-review Where hearsay, consisting of an inculpatory, out-of-court statement made other than to law enforcement, is erroneously introduced to the defendant's p…
19-7827 Terry O'Nell Hall v. Texas Texas 2020-03-02 Denied IFP co-defendant confrontation-clause criminal-trial cruel-and-unusual-punishment due-process evidentiary-inconsistency fundamental-fairness inconsistent-testimony right-to-fair-trial sentencing-disparity victim-testimony witness-testimony DID THE COURT OF APPEALS ERR IN DECIDE PETITIONER'S RIGHT TD DUE P WAS NOT VIOLATED, WHERE THE VICTIM TESTIFIED ONE WAY DURING HIS TRIAL AND THEN TEST…
19-7819 Shamsuddin Dost v. United States Ninth Circuit 2020-02-28 Denied Response WaivedIFP anonymous-testimony confrontation-clause constitutional-rights criminal-procedure criminal-trial due-process fair-trial sixth-amendment undercover-agents Is it a violation of the Sixth Amendment to U.S. Constitution, which affords an accused the right to confront his or her accusers, for a court to allo…
19-7662 Juan Orellana v. Raymond Madden, Warden Ninth Circuit 2020-02-20 Denied Response WaivedIFP 5th-amendment 5th-amendment-violation admissibility-of-statement criminal-procedure criminal-trial custodial-interrogation due-process evidence-admission fifth-amendment obstruction right-to-counsel unambiguous-request Whether Orellana's Fifth Amendment right to counsel was violated when, in the course of custodial interrogation, the detective obstructed Orellana's u…
19-7696 In Re Nicholas Todd Sutton 2020-02-18 Denied IFP 14th-amendment 5th-amendment capital-sentencing constitutional-rights criminal-procedure criminal-trial death-penalty due-process fifth-amendment fourteenth-amendment habeas-corpus physical-restraints visible-jury In Deck v. Missouri, 544 U.S. 622, 629 (2005), this Court held that "the Fifth and Fourteenth Amendments prohibit the use of physical restraints visib…
19-7651 Craig Keyon White v. Robert Fox, Warden Ninth Circuit 2020-02-12 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial due-process eyewitness-identification ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment (1) Whether the unduly suggestive pretrial identification procedure and resulting unreliable identifications admitted against White at his criminal tr…
19-7547 Phillip Boyd Cashion v. Texas Texas 2020-02-04 Denied Response WaivedIFP burden-of-proof criminal-procedure criminal-trial due-process fair-trial fifth-amendment jury-bias jury-instructions prosecutorial-misconduct self-incrimination trial-procedure Should the Petitioner's trial structure have been free from the fundamental unfairness of having the prosecutor tell the jury on two occasions that "y…
19-7503 Michael Bernard Bell v. Florida Florida 2020-01-31 Denied IFP buck-v-davis constitutional-right constitutional-rights criminal-trial ineffective-assistance-counsel ineffective-assistance-of-counsel racial-animus racial-bias retroactive-application strickland-standard strickland-v-washington Does the decision in Buck v. Davis, 137 S.Ct. 759 (2017), which rejected the improper injection of racial animus, bias, or prejudice into a criminal t…
19-7151 Erick David Lopez v. United States Ninth Circuit 2020-01-03 Denied Response WaivedIFP criminal-procedure criminal-trial due-process evidence evidence-admission fifth-amendment free-speech ninth-circuit prejudice rap-poem sixth-amendment Whether the Ninth Circuit's sanctioning of the admission of a vile and obscenity-laced rap poem found inside the purse of a 16-year-old girl and not w…
19-6969 Leviticus A. Swift v. Georgia Georgia 2019-12-18 Denied IFP 4th-amendment arrest-warrant civil-rights constitutional-rights criminal-procedure criminal-trial due-process exclusionary-rule fourth-amendment indictment probable-cause search-and-seizure RESENTED TO THE MAGISTRATE INSUFFICIENT TO PROVE PETITIONER SNE PTI HH 1ILLIVN IS THE INDIOTMENT IN THIS CASE VALID WHEN IT WAS NOT RETARNED YA GRANd …
19-6907 Robert Hendricks v. United States Second Circuit 2019-12-11 Denied Response WaivedIFP constitutional-error constitutional-rights criminal-procedure criminal-procedure-error criminal-trial due-process equal-protection evidence evidence-admission harmless-error racial-bias structural-error The Court of Appeals agreed that the District Court erred when at petitioner's trial for credit union robbery it permitted over objection one of the c…
19-6861 Tony L. Henderson v. Arkansas Arkansas 2019-12-05 Denied Response WaivedIFP 14th-amendment 6th-amendment constitutional-amendment criminal-procedure criminal-trial due-process equal-protection jury-selection race-conscious venire Does a discretionary, race-conscious selection process for the venire called in a particular criminal trial violate the 6th and 148 Amendments to the …
19-6848 Robert Matthew Wittal v. Montana Montana 2019-12-04 Denied Response WaivedIFP co-defendant-testimony credibility criminal-procedure criminal-trial ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions legal-objection sixth-amendment witness-credibility The states key witnesses at a homicide trial were three charged co-defendants. Petitioner's defense rested upon undermining the credibility of the c…
19-602 Chesley Eugene Saunders v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-11-08 Denied Response Waived attorney-client-relationship confidential-information criminal-trial due-process effective-assistance-of-counsel fair-trial fundamental-fairness judicial-bias judicial-recusal professional-misconduct recusal sixth-amendment 1. Whether the Due Process Clause of the United States Constitution and the Constitutional Guarantees of a Fundamentally Fair Trial permit a criminal …
19-5817 Kendrick Taylor v. Louisiana Louisiana 2019-09-04 Denied Response RequestedResponse WaivedRelisted (2)IFP apodaca-v-oregon criminal-procedure criminal-trial fourteenth-amendment incorporation-doctrine johnson-v-louisiana jury-trial jury-unanimity sixth-amendment supreme-court-precedent unanimous-verdict The issue presented is whether the Sixth Amendment right to a jury trial requires an unanimous jury verdict and, if so, would that unanimity requireme…
19-5694 Craig Farley v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2019-08-23 Denied IFP consciousness-of-guilt constitutional-rights counsel-performance criminal-trial exculpatory-evidence identification-evidence ineffective-assistance ineffective-assistance-of-counsel lack-of-identification-evidence phone-records sixth-amendment strickland-standard trial-counsel 1. Is there any reasonable argument that trial counsel satisfied the Strickland standard when he failed to introduce crucial lack of identification ev…
19-5341 Roshard Whitehead v. Florida Department of Corrections Eleventh Circuit 2019-07-25 Denied Response WaivedIFP 4th-amendment 5th-amendment civil-rights constitutional-law criminal-procedure criminal-trial due-process federal-rule-3 fifth-amendment fourth-amendment illegal-search-and-seizure search-and-seizure standing victim-rights Whether all courts violated the law of the United States Constitution when they overlooked, Under the exclusionary rule violation of the 4th Amendment…
18A1306 Latif Shamsuddin v. New York New York 2019-06-13 Presumed Complete burden-shifting criminal-trial due-process evidence-sufficiency prosecutorial-misconduct summation-comments Question not identified.
18-9516 Starquineshia Palmer v. Florida Florida 2019-06-05 Rehearing Response WaivedRelisted (2)IFP 12-person-jury 6-person-jury constitutional-rights criminal-procedure criminal-trial due-process jury-size sixth-amendment trial-by-jury williams-v-florida Was Petitioner denied her right to a trial by jury as contemplated by the Sixth Amendment because of the decision in Williams v. Florida, 399 U.S. 78,…
18-9025 Phillip Newton v. Louisiana Louisiana 2019-04-29 Denied Response RequestedResponse WaivedRelisted (2)IFP apodaca-v-oregon criminal-trial fourteenth-amendment johnson-v-louisiana jury-trial jury-unanimity sixth-amendment unanimous-verdict The issue presented is whether the Sixth Amendment right to a jury trial requires an unanimous jury verdict and, if so, would that unanimity requireme…
18-8916 Steven Lawrence Wright v. California California 2019-04-19 Denied IFP abuse-of-discretion burden-of-proof criminal-procedure criminal-trial due-process fifth-amendment jury-instruction jury-instructions legal-standard motion-for-new-trial new-trial standard-of-review As to Count 1 the murder conviction, Did the trial court's erroneous jury instruction of CALCRIM No. 301 lower the prosecution's burden of proof stand…
18-8427 Malcolm Roy Evans v. United States Eighth Circuit 2019-03-14 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-procedure-rights criminal-trial due-process ineffective-assistance judicial-discretion judicial-inquiry right-to-counsel right-to-testify self-representation WHETHER A TRIAL COURT MAY SUMMARILY PROHIBIT AN ACCUSED FROM TESTIFYING IN HIS OWN DEFENSE IN A CRIMINAL TRIAL MERELY FOR STATING TO THE JURY HIS BELI…
18-8120 Jerry Lynn Lofton v. Mississippi Mississippi 2019-02-25 Denied Response WaivedIFP criminal-procedure criminal-trial defendant-rights due-process fifth-amendment jury-instruction jury-instructions prosecutorial-comment prosecutorial-misconduct right-to-silence self-incrimination testimonial-privilege Whether a prosecutor who this Court has held may not comment to a jury concerning a defendant's failure to testify in a criminal trial may submit his …
18-8123 In Re Ronnie Lee Fagan 2019-02-25 Denied Response WaivedIFP acquittal constitutional-rights criminal-procedure criminal-trial defense-counsel double-jeopardy mistrial right-to-counsel sixth-amendment QUESTION ONE Whether the trial court's exclusion of defense counsel when the grounds for mistrial were being considered: (a) denied the defendant an …
18-1013 Edward Winstead, et al. v. Anthony Johnson Seventh Circuit 2019-02-05 Denied Amici (1)Response RequestedResponse WaivedRelisted (3) accrual accrual-rules circuit-split civil-rights constitutional-violation criminal-trial due-process heck-doctrine heck-v-humphrey section-1983 self-incrimination self-incrimination-claims wallace-v-kato 1. Whether the Seventh Circuit's holding that accrual of self-incrimination claims based on statements used at a criminal trial is deferred under Heck…
18-7657 Devi Smith v. Patrick Warren, Warden Sixth Circuit 2019-01-31 Denied Response WaivedIFP appellate-counsel appellate-procedure criminal-trial defense-counsel defense-witnesses direct-review effective-assistance-of-counsel ineffective-assistance-of-counsel sixth-amendment trial WAS THE PETITIONER DEPRIVED OF HIS SIXTH AMENDMENT RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL AT TRIAL WHERE DEFENSE COUNSEL FAILED TO CALL CRITICAL…
18-7267 Mashawn Greene v. Scott Semple, Commissioner, Connecticut Department of Correction Connecticut 2019-01-07 Denied Response WaivedIFP burden-of-proof constitutional-law constitutional-rights cooperating-witness criminal-trial criminal-trials due-process false-testimony government-witnesses prosecutor-duty prosecutorial-misconduct Whether the due process clause of the United States Constitution requires that prosecutors bear the burden of preventing and correcting false or misle…
18-7145 William Sadowski v. Randy Grounds, Warden Ninth Circuit 2018-12-20 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial due-process fair-trial impartial-jury jury-impartiality police-presence Whether the presence of uniformed police officers during a trial involving the death of a police officer violates a criminal defendant's right to due …
18-6976 Joseph Lochuch Ewalan v. Washington Washington 2018-12-10 Denied IFP criminal-procedure criminal-trial double-jeopardy due-process evidentiary-basis jury-instruction jury-instructions lesser-included-offense standard-of-review state-court sufficiency-of-evidence united-states-v-dixon This Courts precedent in United States V. Di xon, 509 U.S. 698 (1993) reached the question of whether a criminal defendant is entitled to a lesser -in…
18-648 Burdette Searcey, et al. v. James L. Dean, et al. Eighth Circuit 2018-11-19 Denied Response RequestedResponse WaivedRelisted (2) 1989 civil-rights constitutional-rights criminal-investigation criminal-trial due-process evidence false-evidence false-evidence-manufacture law-enforcement-liability manufacture-of-false-evidence municipal-liability qualified-immunity reckless-evidence-gathering substantive-due-process voluntary-plea Whether in 1989 a law-enforcement officer violated a plaintiff's substantive due-process rights merely by recklessly gathering "unreliable" evidence i…
18-6008 Anibal Pagan-Romero v. United States First Circuit 2018-09-17 Denied Response WaivedIFP criminal-trial dictionary dictionary-use due-process fifth-amendment first-circuit jury jury-instructions presumption-of-prejudice remmer-presumption remmer-v-united-states A. Whether the Petitioner was denied due process of law where the District Court, over the objection of Defendant provided the jury with a dictionary …
18-5961 Vincent Michael Marino v. Barbara Rickard, Warden Fourth Circuit 2018-09-13 Denied Response WaivedIFP appeals civil-rights collateral-attack constitutional-procedure criminal-procedure criminal-trial double-jeopardy due-process habeas-corpus jurisdiction jury-jeopardy supreme-court-precedent Ground One The District Court, Appeals Court for the Second Circuit and the Second Circuit Court of Appeals sitting En Banc committed reversible lega…
18-5660 Todd Jesse Garton v. California California 2018-08-20 Denied IFP 5th-amendment civil-rights constitutional-rights criminal-procedure criminal-trial defendant-attire due-process guilt-determination meaningful-defense penalty-phase presumption-of-innocence right-to-fair-trial right-to-present-defense right-to-reliable-verdict right-to-wear-civilian-attire Whether refus ing to permit an in-cus tody def endant ch arged with murder ing his wife and unborn child to wear his wedding ring during trial vio lat…
18-5281 Vincent Craig Mosley v. United States Fourth Circuit 2018-07-19 Denied Response WaivedIFP co-defendant compulsory-process confrontation-clause criminal-procedure criminal-trial drug-conspiracy due-process evidence evidence-admission plea-agreement plea-bargaining witness-testimony The question presented is: Whether a criminal defendant in a drug conspiracy trial is entitled to see the plea agreements of non-testifying co-defenda…
18-5273 Davian Wilson v. United States Fifth Circuit 2018-07-18 Denied Response WaivedIFP authentication criminal-procedure criminal-procedure-sufficiency-of-evidence criminal-trial evidence-authentication federal-criminal-procedure federal-jurisdiction guilty-verdict jury-verdict native-american reasonable-jury sentencing-disparities sentencing-disparity standard-of-review sufficiency-of-evidence 1) Whether the district court erred by finding that the prosecution produced sufficient evidence at trial for a reasonable jury to return a guilty ver…