cruel-and-unusual-punishment

452 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A926 Melvin Trotter v. Florida Florida 2026-02-19 Application cruel-and-unusual-punishment death-penalty eighth-amendment lethal-injection protocol-violation stay-of-execution Question not identified.
25-6853 Melvin Trotter v. Florida Florida 2026-02-19 Pending IFP baze-glossip-test cruel-and-unusual-punishment eighth-amendment lethal-injection maladministration method-of-execution This Court has determined that the Baze-Glossip test applies to all Eighth Amendment method of execution claims. This test has been expanded to encomp…
25-6832 Stanley Donald v. Carol Mici, Individually and as former Commissioner, Massachusetts Department of Correction, et al. Massachusetts 2026-02-17 Pending IFP cruel-and-unusual-punishment deliberate-indifference eighth-amendment habeas-corpus prison-conditions procedural-due-process Did the inmate state an actionable claim under the Federal Constitution's 8th Amendment when prison officials deliberately exposed him to COVID-19 and…
25-960 Oregon, et al. v. Paul Maney, et al. Ninth Circuit 2026-02-13 Pending corrections-leadership covid-19-response cruel-and-unusual-punishment eighth-amendment public-health-emergency qualified-immunity 1. Whether the Eighth Amendment requires state corrections leadership to implement an overall "reasonable" statewide response to a public-health emerg…
25-6678 Isaac Ramirez Rodriguez v. Virginia Virginia 2026-01-30 Pending Response WaivedIFP constitutional-law cruel-and-unusual-punishment eighth-amendment mandatory-minimum proportionality sentencing Are the mandatory minimum life sentence provisions of Virginia Code §§ 18.2-61(B)(2) and 18.2-67.2(B)(2) unconstitutional as constituting Cruel and Un…
25-6317 Harold Wayne Nichols v. Jonathan Skrmetti, Attorney General of Tennessee, et al. Sixth Circuit 2025-12-08 Denied IFP civil-procedure cruel-and-unusual-punishment eighth-amendment lethal-injection method-of-execution statute-of-limitations 1. Because a method-of-execution-challenge involves a future harm, and not a past harm, lower courts have struggled to determine when the claim accrue…
25-6179 Benny Lee Hodge v. Laura Plappert, Warden Sixth Circuit 2025-11-20 Denied IFP capital-sentence cruel-and-unusual-punishment eighth-amendment equal-protection habeas-corpus sixth-circuit I. Under its original meaning, the Cruel and Unusual Punishments Clause of the Eighth Amendment was interpreted as including disproportionate and arbi…
25-5928 Anthony Boyd v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. Eleventh Circuit 2025-10-21 Denied IFP comparative-analysis cruel-and-unusual-punishment death-penalty eighth-amendment execution-method nitrogen-hypoxia When performing a comparative analysis to determine whether an alternative means of execution would significantly reduce a substantial risk of severe …
25-5829 Samuel Lee Smithers v. Florida Florida 2025-10-08 Denied IFP constitutional-rights cruel-and-unusual-punishment death-penalty eighth-amendment elderly-defendant standards-of-decency 1. Does the execution of the elderly violate the Eighth Amendment of the United States Constitution's prohibition against cruel and unusual punishment…
25-5757 Kristopher Jacob Freda v. Oregon Oregon 2025-09-29 Denied Response WaivedIFP constitutional-violations cruel-and-unusual-punishment eighth-amendment first-amendment fourteenth-amendment writ-of-mandamus Will SCOTUS order a writ of mandamus to stop the State of Oregon from punishing Freda with cruel and unusual punishment and stop the Constitutional vi…
25-5534 Carl G. Lindsey v. Ohio Ohio 2025-09-03 Denied IFP cruel-and-unusual-punishment due-process eighth-amendment equal-protection fetal-alcohol-spectrum-disorder fourteenth-amendment Does the Eighth Amendment's prohibition against cruel and unusual punishments, and the Fourteenth Amendment's guarantees of Due Process and Equal Prot…
25-5371 Douglas Manning v. Matthew J. Platkin, Attorney General of New Jersey Third Circuit 2025-08-15 Dismissed Response WaivedIFP civil-rights constitutional-rights correctional-facility cruel-and-unusual-punishment eighth-amendment prisoner-treatment 0 nturioI. clai/M adion or failure, -U dof OrfftouAed 'ta ctdeAi/al 'iofl of 4-o feaSonobte o{\ ffof/} a&fawll 06 rro/tdgj by-^ho Ej'6-M-h A^e/Men\ ■k…
25A136 Byron Black v. Frank Strada, Commissioner, Tennessee Department of Corrections, et al. Tennessee 2025-08-01 Denied cruel-and-unusual-punishment eighth-amendment execution-protocol implanted-cardioverter-defibrillator irreparable-harm lethal-injection Question not identified.
25-5261 Byron Black v. Frank Strada, Commissioner, Tennessee Department of Corrections, et al. Tennessee 2025-08-01 Denied IFP cruel-and-unusual-punishment due-process eighth-amendment execution-method injunctive-relief medical-procedure 1. Where a state government facilitated the implantation of a cardiac defibrillator that has been shown to be very likely to result in severe pain dur…
25A104 Edward J. Zakrzewski, II v. Florida Florida 2025-07-24 Denied arbitrary-and-capricious cruel-and-unusual-punishment death-penalty eighth-amendment fourteenth-amendment jury-override Question not identified.
25-5136 Christopher Thomas Scamahorn v. Florida Florida 2025-07-17 Denied IFP cruel-and-unusual-punishment eighth-amendment fourteenth-amendment juvenile-offenders meaningful-opportunity rehabilitation Question 1: Whether under the Eighth Amendment as applied to the states via the Fourteenth Amendment, the Cruel and Unusual Punishments Clause prohibi…
25-5056 Edward Lee Busby, Jr. v. Texas Texas 2025-07-08 Denied IFP atkins-standard cruel-and-unusual-punishment death-penalty eighth-amendment expert-testimony intellectual-disability Where the clinical criteria unequivocally establish that a death row inmate is intellectually disabled, and where all the experts -- including the exp…
24-7151 Zane Michael Floyd v. Jeremy Bean, Warden, et al. Nevada 2025-05-06 Denied IFP atkins-ruling capital-punishment cruel-and-unusual-punishment eighth-amendment intellectual-disability medical-consensus Whether, given this medical consensus, the original meaning of the Eighth Amendment, and this Court's rulings in Atkins and Roper, a state may constit…
24-6893 Jonathan Taum v. United States Ninth Circuit 2025-03-31 Denied Response WaivedIFP constitutional-interpretation cruel-and-unusual-punishment eighth-amendment hudson-v-mcmillian prison-guard prisoner-rights 1. Did the Ninth Circuit err when it disregarded Petitioner Taum's argument that Hudson v. McMillian, 503 U.S. 1 (1992) was wrongly decided and should…
24A898 Angela Schuncey Richardson v. Krystle Reed Duncan, Corporal Eighth Circuit 2025-03-18 Presumed Complete corrections-officer cruel-and-unusual-punishment custodial-sexual-abuse eighth-amendment excessive-force prisoner-rights Question not identified.
24-6778 Jessie Hoffman v. Gary Westcott, Secretary, Louisiana Department of Public Safety and Corrections, et al. Fifth Circuit 2025-03-16 Dismissed IFP cruel-and-unusual-punishment eighth-amendment execution-method nitrogen-gassing religious-freedom rluipa 1. Whether a method of execution that superadds psychological suffering—including terror and mental anguish—compared to an available alternative metho…
24-6757 Caed Brawner v. Florida Florida 2025-03-12 Denied Response WaivedIFP constitutional-rights criminal-law cruel-and-unusual-punishment eighth-amendment juvenile-sentencing life-without-parole Whether a sentence of mandatory life imprisonment without the possibility of parole on a teenager violates the prohibition of cruel and unusual punish…
24-6450 Jason Orlando Rios v. Florida Florida 2025-02-03 Denied Response WaivedIFP constitutional-rights cruel-and-unusual-punishment eighth-amendment florida-law post-conviction-relief sexual-battery I* Should F\of\Aa's CouvfK coKvHnue 4t) be 4r> _ . ntuAx) «w+e<i &udS* unJw S^o.^^c)^ FU.SMr.j u,U]<Mhm^ mol«+ef it&uAVps a conun*iH«A fc of offense.…
24-6186 Vicente Alejo Andres, Jr. v. United States Fourth Circuit 2024-12-20 Denied Response WaivedIFP constitutional-law cruel-and-unusual-punishment drug-trafficking firearm-possession sentencing-enhancement statutory-interpretation 1. When a defendant sells drugs from his house at the same time he has a firearm in his house, is that enough to prove that he possessed the firearm "…
24-5993 Carey Grayson v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. Eleventh Circuit 2024-11-19 Denied IFP conscious-suffocation cruel-and-unusual-punishment eighth-amendment execution-method nitrogen-hypoxia superadded-terror 1. Does the Eighth Amendment's prohibition on cruel and unusual punishment bar a method of execution that includes conscious suffocation? 2. Does the…
24-5950 Terry Eugene Iversen v. David Pedro, Superintendent, Eastern Oregon Correctional Institution Ninth Circuit 2024-11-12 Denied Response WaivedIFP categorical-approach cruel-and-unusual-punishment eighth-amendment life-sentence public-indecency recidivist Whether Mr. Iversen's sentence to life without parole for recidivist public indecency by exposing his genitals constitutes cruel and unusual punishmen…
24-5904 Allen Ward Cox v. Florida Florida 2024-11-04 Denied IFP brain-damage cruel-and-unusual-punishment eighth-amendment evolving-standards medical-condition mental-impairment 1. Whether the Petitioner's medical condition which includes brain damage and dementia that results in impulse control deficits, impaired executive fu…
24-5671 Garcia Glenn White v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-09-30 Denied IFP aedpa cruel-and-unusual-punishment death-row Does the Eighth Amendment prohibition against crue eighth-amendment intellectual-disability time-limitation Christeson v. Roper, 574 U.S. 373 (2015), held that a conflict of interest could satisfy the "interests of justice" standard set forth in Martel v. Cl…
24-5466 Jarell Davis Terry v. William Straughn, Deputy Director, Arkansas Division of Correction, et al. Eighth Circuit 2024-09-05 Denied Response WaivedIFP constitutional-rights cruel-and-unusual-punishment due-process eighth-amendment excessive-force pro-se-prisoner Ms the use of -bra mmst a handcuffed aod .compliant fftl Terry along with the use of tiqhhny words and dmerak action of fdriathnij evidem ana tods i t…
24-74 In Re Alphonza Leonard Phillip Thomas Bey 2024-07-25 Denied Relisted (2) 14th-amendment 8th-amendment black-negro-colored-persons constitutional-rights cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment jurisdiction property state-court Since birth, Alphonza L. P. Thomas-Bey has been held hostage in an unfair, unjust, social, economic, and legal system. And all questions raised and lo…
24-5125 Corvin J. Young v. Spartanburg County Detention Facility, et al. Fourth Circuit 2024-07-23 Denied IFP civil-rights constitutional-rights cruel-and-unusual-punishment due-process eighth-amendment federal-custody habeas-corpus medical-treatment pretrial-detention prison-conditions prisoner-rights \\ci\ PnftL cm" CrnzEH'lNmmeS iN fo\M UeiuS VmeDfcKL^] Vla A ldHGl 5n^cA cP'nmg Vi&ArriNG -rAe cermiASES v'ixe fees'" ftiatM And atceea NG -rAe mA3NT…
24-5095 Moises Gamboa v. United States Fourth Circuit 2024-07-17 Denied Response WaivedIFP constitutional-law criminal-procedure cruel-and-unusual-punishment eighth-amendment sentencing-guidelines statutory-construction statutory-interpretation united-states-constitution DID THE LOWER COURTS IMPROPERLY INTERPRET UNITED STATES SENTENCING GUIDELINE § 4C1.1 THAT VIOLATED THE CRUEL AND UNUSUAL PUNISHMENT CLAUSE OF THE EIGH…
24-5060 Bert Hudson v. Pennsylvania Board of Probation and Parole Pennsylvania 2024-07-12 Denied Response WaivedIFP constitutional-interpretation cruel-and-unusual-punishment cruel-punishment eighth-amendment furman-v-georgia mandatory-minimum parole parole-review second-degree-murder sentencing-guidelines sentencing-statutes After being rebuked for forbidden cruelty by this Court's own landmark 1972 Furman decision, Pennsylvania's sentencing statutes enacted in response to…
24-5065 Damon John Broussard v. Lousiana Louisiana 2024-07-12 Denied IFP constitutional-law constitutional-rights criminal-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment proportionality sentencing Does Petitioner's, harsh and unprecendented, sentence of fourty years, without benefits, constitute cruel and unusual punishment, in violation of th…
23-7733 Thomas Richard Ward v. Virginia Virginia 2024-06-20 Denied IFP constitutional-rights coram-vobis criminal-procedure criminal-record-expungement cruel-and-unusual-punishment due-process plea-bargain plea-colloquy protection-order-violation Whether or not Petitioner's Due Process according to U.S. Amendments V, VI, & XIV was violated due to errors Coram Vobis committed in the plea colloqu…
23-7727 Everett G. Miller v. Florida Florida 2024-06-14 Denied IFP aggravating-factor constitutional-challenge constitutional-law cruel-and-unusual-punishment death-penalty due-process first-degree-murder florida-supreme-court sentencing-statute Whether the Florida Supreme Court's expansion of the applicability of our statute's aggravating factor, Section 921.141(5)(i), i.e., the murder was co…
23-7686 Sammy David McLain, Jr. v. Michelle L. Thaller, et al. Fourth Circuit 2024-06-11 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights constitutional-rights cruel-and-unusual-punishment due-process excessive-fines judicial-jurisdiction standing sua-sponte-dismissal tort-claim I. Can a Judge(s) dismiss a Claim sua sponte (frivolous) involving a Tort (civil wrong) Code (statute) Injury (loss of a legal right) and an Act (law)…
23-7612 Wade Lay v. Christie Quick, Warden Tenth Circuit 2024-06-03 Denied IFP civil-rights constitutional-rights cruel-and-unusual-punishment due-process execution-delay federal-review federalism habeas-corpus standing state-prisoner Question not identified.
23-7591 Jamie Mills v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. Eleventh Circuit 2024-05-29 Denied IFP access-to-counsel access-to-courts civil-rights constitutional-violation cruel-and-unusual-punishment cruel-punishment due-process eighth-amendment execution-procedure prisoner-rights 1. Whether given the unique pattern in Alabama's recent executions, in which Defendants have misrepresented critical facts and prohibited access to co…
23-7520 Toran Peterson v. Esmaeili Emami, et al. Sixth Circuit 2024-05-21 Denied IFP administrative-remedies civil-rights constitutional-rights criminal-law cruel-and-unusual-punishment due-process eighth-amendment exhaustion juvenile-sentencing mandatory-life-sentence mental-health prison Question not identified.
23-7500 Jonathan Pendleton v. Jason S. Miyares, Attorney General of Virginia, et al. Fourth Circuit 2024-05-17 Denied Relisted (2)IFP civil-rights constitutional-challenge cruel-and-unusual-punishment cruel-unusual-punishment deliberate-indifference due-process equal-protection habeas-corpus ngri-statute Whether and to what extent Virginia's "not guilty by reason of insanity" (NGRI) statutes, I. Va. Code § 19.2-182.2, et seq., are facially unconstituti…
23-7505 Daniel Lynn Goering-Runyan v. United States Ninth Circuit 2024-05-17 Denied Response WaivedIFP constitutional-provisions criminal-justice cruel-and-unusual-punishment due-process eighth-amendment judicial-review legal-petition parole procedural-document sentencing supreme-court writ-of-certiorari Question not identified.
23-7417 Nersius Adonliel Artisani, aka Roger Joseph Hoffert, Jr. v. Iowa, et al. Eighth Circuit 2024-05-08 Denied IFP civil-rights cruel-and-unusual-punishment due-process eighth-amendment heat-exposure prison-conditions Question not identified.
23-7328 Leslie Hood v. United States Ninth Circuit 2024-04-29 Denied Response WaivedIFP civil-rights constitutional-rights cruel-and-unusual-punishment due-process eighth-amendment employment probation-requirements sentencing sentencing-discretion supervision supervision-conditions 1. Was the district court's imposition of supervision conditions requiring Mr. Hood to obtain some form of work/employment violated the Eighth Amendme…
23-7318 Michael P. Crenshaw v. Illinois Illinois 2024-04-26 Denied IFP civil-rights constitutional-interpretation cruel-and-unusual-punishment death-penalty due-process equal-protection executive-power individual-rights intellectual-disability judicial-review separation-of-powers state-sovereignty Question not identified.
23-7303 Demetriaus L. Blaylock v. Illinois Illinois 2024-04-25 Denied Response WaivedIFP constitutional-interpretation constitutional-law criminal-justice cruel-and-unusual-punishment eighth-amendment emerging-adults juvenile-justice miller-v-alabama sentencing WHETHER THE EIGHT AMENDMENT TO THE UNITED STATES CONS I TUT I ON11S PROHIBITION AGAINST CRUEL/ AND UNUSUAL PUNISHMENT REQUIRE THE PROTECTION GRANTED U…
23-7283 Hector Manuel Gomez Rodriguez v. United States Ninth Circuit 2024-04-22 Denied Response WaivedRelisted (2)IFP 21-usc-841 constitutional-scrutiny criminal-procedure cruel-and-unusual-punishment eighth-amendment mandatory-minimum mandatory-minimum-sentences non-capital-sentences proportionality-review sentencing Did the Ninth Circuit contravene Harmelin's plurality and Ewing by essentially exempting all sentences that a district court imposes under 21 U.S.C. §…
23-7261 Geary Wayne Walton v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2024-04-19 Denied Response WaivedIFP cruel-and-unusual-punishment death-penalty eighth-amendment execution mental-illness rational-understanding Question not identified.
23-7153 Brian J. Dorsey v. David Vandergriff, Warden Missouri 2024-04-07 Denied IFP capital-punishment cruel-and-unusual-punishment death-row deterrence eighth-amendment penological-goals rehabilitation retribution When a death-sentenced person has demonstrated that he has been rehabilitated, does the Eighth Amendment prohibit his execution because the penologica…
23-7149 Deterrius Wilson v. Randy F. Philhours, Circuit Judge, 2nd Judicial Circuit, Crittenden County, Arkansas, et al. Eighth Circuit 2024-04-05 Denied IFP civil-rights compensation cruel-and-unusual-punishment due-process retaliation sentencing Question not identified.
23-7093 Jeremy J. Quinn, Jr. v. Ohio Ohio 2024-03-28 Denied Response WaivedRelisted (2)IFP constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment sentencing sentencing-statute state-courts When a state court carelessly or negligently enters a cause claim, to enhance a criminal sentence, does it violate a person's due process rights and c…
23-7086 Vinicio J. Garcia v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. Fifth Circuit 2024-03-27 Denied IFP 8th-amendment administrative-law civil-procedure civil-rights constitutional-law cruel-and-unusual-punishment due-process federal-jurisdiction standing statutory-interpretation Question not identified.
23-7028 Hunter Thomas Boesch v. Florida Florida 2024-03-19 Denied Response WaivedIFP brain-development cruel-and-unusual-punishment eighth-amendment emerging-adults late-adolescent-brain-development mandatory-life-without-parole miller-v-alabama sentencing-protections youth Whether the sentencing protections afforded in Miller v Alabama, 567 US 460 (2012) should be applied to defendants who are emerging adults- 18 to 20 y…
23-7033 Donte Taylor v. California California 2024-03-19 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment habeas-corpus sentencing 1) WHy was my 8th amendment denied? 2) Why was my sentence not considered cruel or unusual?
23-6988 Anthony Shief v. Illinois Illinois 2024-03-14 Denied IFP 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment due-process eighth-amendment juvenile-justice juvenile-sentencing life-without-parole mitigating-factors sentencing sentencing-procedure Whether the Eighth Amendment's protections under Miller v. Alabama require certain sentencing procedures for defendants convicted of crimes committed …
23-6879 Christopher Sean Burrus v. Washington Washington 2024-03-01 Denied IFP 6th-amendment civil-rights constitutional-challenge cruel-and-unusual-punishment drug-offense due-process eighth-amendment evidentiary-requirements ineffective-assistance-of-counsel mandatory-minimum mental-health sentencing-law 1. Washington's personal identity petition hon eastern powers Conviction proceedings Who Are loucden & pcoa? a boty Sed +o Nhe. Setidioned oN ise.) Be…
23-6824 Jeremiah James Lynch v. United States Eighth Circuit 2024-02-26 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-rights criminal-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment parole proportionality sentencing sentencing-guidelines supervised-release Is it a Constitutional Violation to a grade A, naoUTk>iT\ f^ccx lOO? w*W T^^rmorc. /AovavT, ^cawsq A w^e, T,\m<l \a\£> oc\AW a\■6<^ v0^ c^- ('^ YAoa't…
23-6655 Ralph Hall v. Anthony J. Annucci, et al. Second Circuit 2024-02-05 Denied Response WaivedIFP administrative-action constitutional-rights cruel-and-unusual-punishment death-penalty due-process eighth-amendment federal-law habeas-corpus intellectual-disability judicial-review legal-procedure Question not identified.
23-6640 Garland Ray Gregory, Jr. v. South Dakota South Dakota 2024-02-01 Denied Response WaivedIFP amendment-claim collateral-estoppel constitutional-violation coram-nobis cruel-and-unusual-punishment due-process ineffective-assistance-of-counsel judicial-discretion procedural-error res-judicata Did South Dakota Supreme Court abuse its discretion, affirming South Dakota Fourth Judicial Circuit Court 's dismissal of Petitioner 's Petition For W…
23-6562 Kenneth Eugene Smith v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. Eleventh Circuit 2024-01-25 Denied IFP cruel-and-unusual-punishment eighth-amendment equal-protection execution-protocol nitrogen-hypoxia preliminary-injunction ptsd-trauma standing Did the Eleventh Circuit deviate from established precedent when it affirmed the denial of a motion for a preliminary injunction on the ground that hi…
23-6517 Kenneth Eugene Smith v. Alabama Alabama 2024-01-19 Denied IFP constitutional-rights cruel-and-unusual-punishment eighth-amendment fourteenth-amendment lethal-injection method-of-execution nitrogen-hypoxia posttraumatic-stress-disorder Does a second attempt to execute a condemned person following a single, cruelly willful attempt to execute that same person violate the prohibition ag…
23-6512 Douglas Wayne Sokell v. David Pedro, Superintendent, Eastern Oregon Correctional Institution Ninth Circuit 2024-01-18 Denied IFP constitutional-rights cruel-and-unusual-punishment cruel-punishment due-process eighth-amendment habeas-corpus judicial-review life-sentence prisoner-detention recidivism sentencing three-strikes-law Question not identified.
23-6431 Mariano Madrid v. Aaron D. Ford, Attorney General of Nevada, et al. Ninth Circuit 2024-01-08 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment death-penalty due-process federal-law judicial-review juvenile-justice legal-procedure Question not identified.
23-6389 Michael Lavern Boyd v. Lay, Warden, et al. Eighth Circuit 2023-12-28 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment due-process legal-provisions medical-care petition prison supreme-court writ-of-certiorari Question not identified.
23-688 Travis Scott King, By and Through His Guardian ad Litem, Breanna Raymundo, et al. v. DeMichael Dews, et al. Ninth Circuit 2023-12-27 Denied Response Waived bodily-harm civil-rights cruel-and-unusual-punishment eighth-amendment excessive-force hudson-v-mcmillian prisoner-rights qualified-immunity This case arises out of the use of force for seven minutes on Petitioner Travis King by three correc-tional officers that ultimately resulted in King'…
23-692 Zachariah Minix v. Kentucky Kentucky 2023-12-27 Denied Response Waived abuse-of-discretion criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment fifth-amendment parole-eligibility plea-agreement plea-withdrawal Petitioner, Zachariah M. Minix (Minix), appeals as a matter of right from an Adair County Circuit Court Judgment and Sentence on Plea of Guilty that i…
23-6301 Delbert Leroy Oldham v. Oklahoma Oklahoma 2023-12-19 Denied IFP civil-rights constitutional-error cruel-and-unusual-punishment due-process eighth-amendment excessive-fines res-judicata sentencing (1). Whether the Court of Appeals erred by applying the doctrine of res judicata to "Petition In Error" because Petitioner raised Constitutional error…
23-6159 Eddie James King v. Doctor Aikens, et al. Eleventh Circuit 2023-12-04 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process exclusionary-rule fourth-amendment medical-care search-and-seizure standing Question not identified.
23-6119 Amanda Lyn Walker v. United States Tenth Circuit 2023-11-28 Denied Response WaivedIFP child-abuse constitutional-vagueness criminal-statute cruel-and-unusual-punishment due-process enabling-child-abuse judicial-discretion sentencing-range statutory-interpretation unconstitutionally-vague 1. Whether a criminal statute with a sentencing range of not exceeding one year imprisonment in a county jail or not exceeding life imprisonment at th…
23-6046 Antonio Lebaron Melton v. Florida Florida 2023-11-17 Denied IFP age-of-culpability age-of-offender criminal-procedure cruel-and-unusual-punishment death-penalty due-process eighth-amendment roper-v-simmons scientific-evidence 1. Does this Court's holding in Roper v. Simmons, 543 U.S. 551 (2005), that the death penalty is unconstitutionally cruel and unusual punishment for i…
23-442 Anthony Prescott v. K. Johnson, et al. Fifth Circuit 2023-10-27 Denied 42-usc-1983 4th-amendment conspiracy cruel-and-unusual-punishment food-contamination food-service fourth-amendment intentional-tort official-capacity-claim prisoner-rights public-entity use-of-force Question: Does involuntary exposure to any non-medically necessary medication, steroid, chemical cleaning compound, schedule II drugs, toxin or any un…
23-5803 Robert K. Decker v. Edwin Baez, et al. Seventh Circuit 2023-10-16 Denied Response WaivedIFP civil-rights cruel-and-unusual-punishment due-process eighth-amendment excessive-force failure-to-protect federal-question shackling spoliation Did the United States District Court, Magistrate Judge err in the decision to have the Plaintiff, Robert K. Decker be hand cuffed, (left wrist) and sh…
23A316 Jedidiah Isaac Murphy v. Texas Texas 2023-10-10 Denied cruel-and-unusual-punishment drug-safety due-process eighth-amendment execution-method lethal-injection Question not identified.
23-5730 Blaise Caroleo v. United States Second Circuit 2023-10-06 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment sentencing sentencing-scheme statutory-interpretation waiver-of-rights 1. Whether a waiver of the protections against cruel and unusual punishment afforded to a defendant under the Eighth Amendment is valid and enforceabl…
23-5708 In Re Michael Stansell 2023-10-03 Denied IFP constitutional-rights cruel-and-unusual-punishment due-process eighth-amendment equal-protection fifth-amendment life-sentence void-sentence I. WHETHER THE INFLICTION OF A LIFE SENTENCE UPON A PRISONER WHERE THE LIFE TAIL IS NOT APPLICABLE TO HIS OFFENSE OF CONVICTION CONSTITUTES CRUEL AND …
23-5668 Maurice Bellamy v. United States District of Columbia 2023-09-28 Denied Response WaivedIFP appellate-review constitutional-vagueness count-severance criminal-indictment criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process indictment joinder severance trial-court-discretion I. Whether the trial court erred when it denied defendant's repeated motions to sever counts in the indictment II. Whether the cruel, heinous and atr…
23-5571 Deon Jefferson Johnson v. Mike Brown, Warden Sixth Circuit 2023-09-13 Denied Response WaivedIFP constitutional-rights cruel-and-unusual-punishment cruel-unusual-punishment due-process fair-trial habeas-corpus habitual-offender jury-trial sentencing-guidelines PETITIONER WAS DENIED HIS CONSTITUTIONAL RIGHTS TO A FAIR AND IMPARTIAL JURY TRIAL DUE TO HIS CONVICTION BASED ON A HUNG JURY. PETITIONER WAS DENIED …
23-5547 Timothy James Hahn v. Florida Florida 2023-09-08 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing life-imprisonment sentencing Whether a sentence of life imprisonment without the possibility of parole on a defendant who was under the age of twenty-five at the time of the offen…
23-5485 Paul M. Poupart v. Louisiana Louisiana 2023-08-30 Denied Response WaivedRelisted (2)IFP 14th-amendment 5th-amendment 8th-amendment constitutional-challenge cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment fraud-upon-court fraud-upon-the-court statute-validity Whether LSA-R.S. 15:529.1, is unconstitutional to the rule of law. Whether the State of Louisiana and its legislative and judicial branch created and/…
23-5466 Toddell Alexander v. United States Sixth Circuit 2023-08-29 Denied Response WaivedIFP civil-rights constitutional-rights criminal-law cruel-and-unusual-punishment due-process eighth-amendment non-physical-harm prisoner-treatment sentencing statutory-interpretation supreme-court I, XS Ob 'c>$ 'Ocwevhc Violence, &Mutd £c*t*9^ ic^fy t\ Jh c.,fkr of S^mcul TcH/j^i x/,Ufiz,Tis> s>rARi \sS' %.cr. Wl }Uo-Os. Qc,S);AIK Tte ow* jr* *O…
23-175 City of Grants Pass, Oregon v. Gloria Johnson, et al., on Behalf of Themselves and All Others Similarly Situated Ninth Circuit 2023-08-25 Judgment Issued Amici (109)Response RequestedResponse WaivedRelisted (3) 8th-amendment circuit-split civil-citations constitutional-law cruel-and-unusual-punishment eighth-amendment homeless-rights homelessness public-camping Does the enforcement of generally applicable laws regulating camping on public property constitute "cruel and unusual punishment" prohibited by the Ei…
23-5219 Jerry Wilson, aka Steve Vic Parker v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. Fifth Circuit 2023-07-26 Denied IFP civil-rights constitutional-law cruel-and-unusual-punishment due-process equal-protection habeas-corpus judicial-discretion standing statutory-interpretation 1. Is a United States Citizen Wrongfully Imprisoned "LIFE INDANGER" ? 2. What is Permission Granted by a United States Distrist Judge? 3. Can (1) On…
23A64 D'Andre M. Johnson v. United States Armed Forces 2023-07-24 Presumed Complete cruel-and-unusual-punishment deliberate-indifference eighth-amendment military-confinement sentence-appropriateness uniform-code-of-military-justice Question not identified.
23-5167 Jose Suarez v. United States Second Circuit 2023-07-21 Denied Response WaivedIFP accessorial-liability accessorial-participation criminal-culpability criminal-record cruel-and-unusual-punishment eighth-amendment juvenile-offenders life-sentence life-without-parole mandatory-sentencing sentencing-proportionality Does a mandatory life sentence without parole for an individual who was twenty at the time of the offense, who was without a criminal record, who had …
23-5145 James Edward Barber v. Kay Ivey, Governor of Alabama, et al. Eleventh Circuit 2023-07-20 Denied IFP constitutional-rights cruel-and-unusual-punishment eighth-amendment emotional-anguish execution execution-protocol lethal-injection medical-suffering physical-suffering 1. Did the Eleventh Circuit correctly hold that no amount of physical suffering and emotional anguish imposed by allowing hours-long and countless att…
23-5098 Arthur Ray Deere, Sr. v. California Department of Corrections and Rehabilitation Employees, et al. Ninth Circuit 2023-07-13 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-provisions criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus prison-conditions statutory-provisions Question not identified.
23-5025 Kelly Sundberg v. California California 2023-07-03 Denied IFP civil-procedure civil-rights cruel-and-unusual-punishment due-process habeas-corpus sentencing Question not identified.
23-7 Lynn Hamlet v. Officer Hoxie Eleventh Circuit 2023-07-03 Denied Response RequestedResponse WaivedRelisted (3) 42-usc-1983 8th-amendment civil-rights conditions-of-confinement cruel-and-unusual-punishment eighth-amendment prison-conditions procunier-v-navarette qualified-immunity section-1983 I. Whether it is "clearly established" for purposes of qualified immunity that the Eighth Amendment bars a prison official from forcing a person with …
22-7753 Jane Doe, Female Juvenile v. United States Tenth Circuit 2023-06-12 Denied Relisted (2)IFP criminal-procedure cruel-and-unusual-punishment eighth-amendment federal-juvenile-act juvenile-justice juvenile-transfer miller-v-alabama ripeness transfer-to-adult-proceedings When a juvenile is charged by Juvenile Information with First Degree Murder pursuant to 18 U.S.C. §§ 2, 1(a), 1151 & 1153, and the government files a …
22-7752 Arthur Taylor v. Landon Bird, Warden, et al. Ninth Circuit 2023-06-09 Denied Relisted (2)IFP civil-rights compassionate-release constitutional-damages cruel-and-unusual-punishment due-process medical-care medical-neglect prison-conditions prisoner-rights toxic-exposure Petitioner: IasKtobe Release UNder the case Law of Prima Facie cage's and to becompen sated FoR the aMouNt of EleveN MillioN as IpRayFOR Relief of thi…
22-7625 Michael Tisius v. David Vandergriff, Warden Missouri 2023-05-24 Denied IFP brain-development criminal-responsibility cruel-and-unusual-punishment death-penalty eighth-amendment juvenile-offender juvenile-offenders mental-impairment Do executions of persons who committed their crimes when they were under the age of 21, or, at the least, the execution of a 19-year-old offender who …
22-7618 Dennis Dewayne Jackson v. United States Eleventh Circuit 2023-05-23 Denied Response WaivedIFP cruel-and-unusual-punishment cruel-unusual-punishment eighth-amendment first-time-offender non-violent-offense non-violent-offenses procedural-reasonableness sentencing-guidelines WHETHER THE SENTENCE OF 138 MONTHS' IMPRISONMENT IMPOSED ON A FIRST-TIME OFFENDER VIOLATED THE EIGHTH AMENDMENT PROHIBITION AGAINST CRUEL AND UNUSUAL …
22-7547 Carl Lee Ashley v. Mary Boayue, et al. Sixth Circuit 2023-05-15 Denied Response WaivedIFP civil-rights constitutional-rights court-of-appeals cruel-and-unusual-punishment due-process eighth-amendment judicial-review legal-standard objective-prong prison-conditions standing DID WE ' OOURT OF APPEALS ERR IN FINDING THAT PETITIONER COULD NOT ESTABLISH THE OBJECTIVE PRONG OF HIS EIGHTH AMENDMENT CLAIMS.
22-7523 Samuel Caison v. United States First Circuit 2023-05-11 Denied Response WaivedIFP criminal-sentencing cruel-and-unusual-punishment incarceration mental-health nature-of-crime personal-characteristics sentencing-court sentencing-guidelines Whether imposing a period of incarceration that is within the Sentencing Guidelines range can be considered cruel and unusual punishment when the offe…
22-7532 In Re Rex Gard 2023-05-11 Denied IFP criminal-justice cruel-and-unusual-punishment due-process equal-protection ex-post-facto ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sixth-amendment 1. Is Petitioner actually innocent and has a miscarriage of justice occurred? 2. Is the South Dakota Supreme Court's overturning of their own precede…
22-7424 Darryl Bryan Barwick v. Florida Florida 2023-05-01 Denied IFP age-of-culpability cognitive-deficits cognitive-impairment cruel-and-unusual-punishment eighth-amendment mental-age neuropsychological-disorder state-constitutional-law 1. Does a state constitutional provision which prohibits any consideration of evolving standards of decency violate the Eighth Amendment? 2. In light…
22-7432 Willie Glover, Jr. v. United States District of Columbia 2023-05-01 Denied Response WaivedIFP civil-procedure civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment executive-order human-rights recidivism sentencing-guidelines standing j POi> Lcfr-Zj '.lu»«e,>«Wt.»<.>J)*s U> (WlfVJi jrwiKsL K 1a^pSpaja.r-atJ stMftf ^VvVs f&r &®cuV W£, OrAef QWH ^9 Berber Pj^,fc3 Eei.Pi^*WW of Wn»^ I…
22-7326 Quandraiko Hayes v. Mike Brown, Warden Sixth Circuit 2023-04-20 Denied Response WaivedIFP constitutional-rights cruel-and-unusual-punishment due-process effective-assistance-of-counsel ex-post-facto sentencing COURT OF APPEALS FOR THE SIXTH CIRCUIT THE U S UNREASONABLY DENIED PETITIONER, DUE PROCESS OF DUE PROCESS CLAUSE RIGHTS OF THE U.S. AMENDS V AND XIV…
22-7305 Stacey Johnson, et al. v. Dexter Payne, Director, Arkansas Division of Correction, et al. Eighth Circuit 2023-04-17 Denied IFP 8th-amendment cruel-and-unusual-punishment eighth-amendment execution-challenge method-of-execution prisoner-rights scientific-consensus severe-pain standing 1. Whether the Eighth Amendment requires a prisoner challenging the method of his execution to show a scientific consensus that the method is sure or …
22-7267 Lloyd Leslie Kindred v. T. Cisneros, Warden Ninth Circuit 2023-04-13 Denied IFP 6th-amendment constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process effective-assistance-of-counsel ineffective-assistance interest-of-justice outcome-determination prejudicial-error reasonable-probability sixth-amendment Brawnds(f), tas J deated the 6TH mend ment oF Heo VU, Lornctidubion: Ke oarebing Lown sed s Pray Mianee. Wa ad teas onobhy et&ti ve"and Hrat Here /5 a…
22-7236 Louis Gaskin v. Florida Florida 2023-04-06 Denied IFP constitutional-rights cruel-and-unusual-punishment death-penalty eighth-amendment espinosa-v-florida fourteenth-amendment post-conviction-relief procedural-due-process procedural-rules sixth-amendment 1. Whether evolving standards of decency have rendered Mr. Gaskin's death violative of the Eighth Amendment's prohibition of cruel and unusual punishm…
22-7177 Michael Lee Gordon v. Chris Tripp, Warden Eighth Circuit 2023-04-03 Dismissed IFP civil-rights cruel-and-unusual-punishment due-process habeas-corpus prison-conditions standing Question not identified.
22-7127 William Michael Meyer v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2023-03-28 Denied Response WaivedIFP cruel-and-unusual-punishment eighth-amendment habeas-corpus proportionality state-court-adjudication term-of-years-sentences In 2015, Mr. Meyer was sentenced to a total of 230 years in prison after a jury convicted him of 23 counts of possession of child pornography. This wa…
22-7113 Atdom Mikels Patsalis v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2023-03-27 Denied Response RequestedResponse WaivedRelisted (2)IFP aggregate-length-of-sentences cruel-and-unusual-punishment eighth-amendment habeas-corpus proportionality term-of-years-sentences 1. When a state court expressly refuses to consider a petitioner's constitutional claim, has that court nevertheless adjudicated that claim "on the me…
22-7062 Ricardo Noble v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2023-03-22 Denied Response WaivedIFP administrative-procedure civil-rights constitutional-rights cruel-and-unusual-punishment discretion-abuse due-process equal-protection prison-classification retaliation standing This UnconStitu tonal for judges and Prison $taer to allow their PET Sonal preyadices te interfere | with their ability to de their job. LiteKky v WSs…
22-6960 James Jonathan Mitchell v. Florida Florida 2023-03-08 Denied Response WaivedIFP cruel-and-unusual-punishment death-penalty due-process eighth-amendment habeas-corpus mental-competency Question not identified.
22-6930 Robert Earl Hackney v. Michigan Michigan 2023-03-06 Denied Relisted (2)IFP constitutional-violation criminal-procedure cruel-and-unusual-punishment due-process judicial-ethics judicial-misconduct jury-trial standing writ-of-certiorari The questions before this Court is asked with impartialities on whether it can be presumed given the facts underlined in this writ, that if a petition…
22-6762 Ryan Galal Van Dyck v. Arizona Arizona 2023-02-13 Denied Response WaivedIFP 8th-amendment child-pornography cruel-and-unusual-punishment eighth-amendment life-sentence mandatory-sentencing proportionality sentencing Does a mandatory de facto life sentence for mere possession of child pornography images, when the person has never directly abused or attempted to abu…
22-693 Michael Johnson v. Susan Prentice, et al. Seventh Circuit 2023-01-25 Denied Amici (2)Response RequestedResponse WaivedRelisted (8) circuit-split civil-rights cruel-and-unusual-punishment eighth-amendment exercise-deprivation prisoner-rights solitary-confinement Whether punitively depriving a prisoner in solitary confinement of virtually all exercise for three years notwithstanding the absence of a security ju…
22-6555 Steven Charles Hill v. Texas Texas 2023-01-18 Denied IFP criminal-procedure criminal-sentencing cruel-and-unusual-punishment cruel-unusual-punishment due-process evidence-sufficiency jury-verdict life-sentence proportionality sentencing sufficiency-of-evidence IS THE EVIDENCE SUFFICIENT TO SUSTAIN THE JURY'S GUILTY VERDICT? WAS THE LIFE SENTENCE IMPOSED ON MR. HILL GROSSLY DISPROPORTIONATE? DOES THE LIFE SE…
22-6534 Terry Lynn King v. Tony Mays, Warden Sixth Circuit 2023-01-13 Denied IFP capital-punishment capital-trial constitutional-error cruel-and-unusual-punishment cumulative-error due-process federal-courts fourteenth-amendment harmless-error judicial-review (1) Whether the Due Process Clause of the Fourteenth Amendment requires that courts consider the aggregate effect of multiple legal errors, as the Fir…
22-6524 Barry L. Brookins v. Rajendra Dwivedi Ninth Circuit 2023-01-11 Denied Response WaivedIFP 8th-amendment civil-rights cruel-and-unusual-punishment due-process eighth-amendment equal-protection fourteenth-amendment medical-procedure state-law 1. THE PLAINTIFF 8TH AMENDMENT CONSTITUTIONAL RIGHT UNDER A DELIBERATE INDIFFERENCE HAS BEEN VIOLATED THROUGH AN UNLAWFUL SURGERY PERFORMED WITHOUT TH…
22-6515 Christopher Raiche v. United States First Circuit 2023-01-10 Denied Response WaivedIFP criminal-sentencing cruel-and-unusual-punishment disproportionate-sentence eighth-amendment first-time-offender grossly-disproportionate life-sentence non-violent-crime sentencing Whether the Eighth Amendment's prohibition against grossly disproportionate prison sentences was triggered by the imposition of a de facto life senten…
22-569 In Re Christopher Dunn 2022-12-20 Denied Response RequestedRelisted (2) actual-innocence clear-and-convincing-evidence constitutional-rights cruel-and-unusual-punishment due-process freestanding-actual-innocence habeas-corpus lincoln-v-cassady missouri post-conviction-relief 1. Is it cruel and unusual punishment and a substantive due process violation for an innocent man to remain in prison? 2. Is the claim of freestandin…
22-6231 William Dustin Poole v. Florida Florida 2022-12-06 Denied Response WaivedIFP constitutional-rights criminal-law cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing life-imprisonment life-without-parole non-homicide-offense sentencing Whether a sentence of life imprisonment without the possibility of parole on an eighteen-year-old defendant convicted of a non-homicide offense violat…
22-505 Tamika J. Pledger v. Gloria Geither, Warden Tenth Circuit 2022-11-30 Denied Response WaivedRelisted (2) 4th-amendment 5th-amendment affidavit arrest-warrant auto-accident civil-rights cruel-and-unusual-punishment due-process frank-v-delaware no-fault-auto-insurance probable-cause toxicology A. Does Affidavit for Application for Arrest Warrant include "false statements knowingly and intentionally, or with reckless disregard for the truth "…
22-6134 Eugene Riley III v. Illinois Illinois 2022-11-22 Denied Response WaivedIFP 8th-amendment constitutional-violation criminal-sentencing cruel-and-unusual-punishment de-facto-life-sentence due-process juvenile-justice juvenile-offenders miller-v-alabama mitigating-factors sentencing-guidelines Did the State Court violate the U.S. Constitution when it imposed a 32 year sentence when it disregarded the mitigating factors laid out in Miller v. …
22-6049 Kenneth Eugene Smith v. Alabama Alabama 2022-11-14 Denied IFP capital-sentencing cruel-and-unusual-punishment death-penalty eighth-amendment fourteenth-amendment jury-determination jury-override state-federal-practice Does executing a condemned person contrary to a capital sentencing jury's determination that he should be sentenced to life imprisonment without the p…
22-6006 Justin Richard Testani v. United States Eleventh Circuit 2022-11-07 Denied Response WaivedIFP child-pornography criminal-history cruel-and-unusual-punishment eighth-amendment mental-capacity sentencing sentencing-disparity 1. Whether a 720-month sentence violates the Eighth Amendment prohibition on cruel and unusual sentences when Mr. Testani never had physical contact w…
22-5825 Ahmed R. Morning v. Tim Hooper, Warden Fifth Circuit 2022-10-14 Denied Response WaivedIFP constitutional-challenge criminal-procedure cruel-and-unusual-punishment due-process judicial-discretion jurisdiction ramos-v-louisiana retroactive-application retroactivity sentencing sentencing-review 1) Whether the State trial court erred by imposing an unconstitutionally harsh and excessive sentence? 2) Whether the holding in Ramos v. Louisiana, …
22-337 Jeffrey Lance Hill, Sr. v. Suwannee River Water Management District Florida 2022-10-12 Denied Response Waived administrative-agency administrative-law county-judge cruel-and-unusual-punishment due-process florida-statute florida-statutes judicial-assignment state-circuit-court trial-by-jury In this matter, the Florida First District Court of Appeal verbally stated on February 12, 2009; "We're dealing with — an agency can only act with the…
22-5814 Christopher Allan Allred v. Washington Washington 2022-10-12 Denied Relisted (2)IFP constitutional-rights criminal-procedure critical-stage cruel-and-unusual-punishment death-penalty due-process eighth-amendment execution mental-illness rational-understanding right-to-counsel sixth-amendment Question not identified.
22-5771 Shawn Canada v. Olmsted County Community Corrections, All Staff Members, et al. Eighth Circuit 2022-10-05 Denied IFP 8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process proportionality prosecutorial-misconduct sentencing supreme-court-review Question not identified.
22-5686 Curtis Lee Henderson, Sr. v. California California 2022-09-27 Denied Response WaivedIFP civil-rights cruel-and-unusual-punishment due-process eighth-amendment fourteenth-amendment liberty-interest parole parole-denial youth-offender WAS IT CRUEL AND UNUSUAL TO CONDEMN HENDERSON'S AMBLE FROM 25-TO-LIFE PLUS FIFTEEN, TO LIFE WITHOUT PAROLE WITHOUT A COURT HEARING, AFTER SERVING 30 Y…
22-5472 Aaron Michael Shamo v. United States Tenth Circuit 2022-08-30 Denied Response WaivedIFP anti-drug-abuse-act chemical-compound chemical-compounds controlled-substance counsel-waiver cruel-and-unusual-punishment drug-distribution drug-sentencing eighth-amendment essential-elements fentanyl statutory-interpretation In 1986, Congress passed the Anti-Drug Abuse Act, which provided for a mandatory life without parole sentence for drug offenders who distributed very …
22-5405 Perry Sawano v. Colorado Colorado 2022-08-19 Denied IFP 8th-amendment aggregate-sentence constitutional-interpretation constitutional-law criminal-procedure cruel-and-unusual-punishment eighth-amendment proportionality-analysis proportionality-review sentencing sentencing-review 1) Does the Eighth Amendment of the U.S. Constitution, which prohibits the imposition of cruel and unusual punishment require that a sentencing court…
22-5297 Jean Max Darbouze v. California California 2022-08-05 Denied IFP 14th-amendment 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment fourteenth-amendment helling-v-mckinney state-application Amendment Constitutional ^The^R^spondent violated the Petitioner 8th Rights.ALso applied tothe State California Via 14th Amendment to the U.S.Constit…
22-5245 Pamela McCoy v. Florida Florida 2022-08-01 Denied Response WaivedRelisted (2)IFP constitutional-rights cruel-and-unusual-punishment due-process equal-protection fair-proceeding juvenile-sentencing manifest-injustice sentencing-review I. Does the decision of the Florida State Courts to deny the Petitioner relief ruling that the Petitioner's thirty-five (35) year sentence as a juveni…
21-8177 Marlin Larice Joseph v. Florida Florida 2022-06-17 Denied IFP constitutional-safeguards cruel-and-unusual-punishment death-penalty due-process eighth-amendment fourth-amendment geographic-arbitrariness sixth-amendment standards-of-decency Does the death penalty in and of itself violate the Eighth Amendment in light of contemporary standards of decency and the geographic and other arbitr…
21-8156 Demetrius Antwon Wilson v. Jeffrey Alvarez, et al. Ninth Circuit 2022-06-16 Denied IFP 8th-amendment civil-procedure civil-rights constitutional-violation cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment medical-treatment prisoner-rights NV X v&Jer Deviated Fco/ntte^Wk* N infly£\rcu^ CaSc la to [jaoi<2>n \J, AlcJdvM-^ %^3 d;3& (T^c^. 11%)^ ^pso« oFPr'c^ls are. del;l^+&(y deny, delay, …
21-8046 Joseph Martin Danks v. California California 2022-06-03 Denied IFP capital-punishment criminal-culpability cruel-and-unusual-punishment due-process eighth-amendment inmate-rights mental-health state-liability state-responsibility 1. Does the Eighth Amendment preclude the execution of a seriously mentally ill inmate whose homicidal behavior was the reasonably known, foreseeable,…
21-8006 Charles A. Inko-Tariah v. Federal Medical Center Butner, NC, et al. Fourth Circuit 2022-06-01 Denied IFP civil-rights constitutional-rights cruel-and-unusual-punishment cruel-punishment due-process eighth-amendment fifth-amendment medical-malpractice unreasonable-search-and-seizure 1) Was the U.S Court of Appeals For The Fourth Circuit, Richmond, Virginia correct in affirming the decision of the U.S District Court, EDNC, Raleigh,…
21-7929 Johnny Joe Avalos v. Texas Texas 2022-05-20 Denied Response WaivedIFP capital-murder cruel-and-unusual-punishment eighth-amendment intellectual-disability life-without-parole mitigating-circumstances sentencing texas-penal-code Whether an ALWOP sentence on an intellectually disabled adult convicted of capital murder as provided by Texas Penal Code Section 12.31(a)(2) - a stat…
21-7778 Lester Ochoa v. Ron Davis, Warden Ninth Circuit 2022-05-04 Denied IFP capital-punishment cruel-and-unusual-punishment cullen-v-pinholster eighth-amendment family-sympathy jury-instructions mitigation mitigation-evidence Whether a State court may, consistent with the Right Against Cruel and Unusual Punishment guaranteed by the Eighth Amendment, prohibit jurors from con…
21-7709 David C. Morris v. Ohio Ohio 2022-04-28 Denied IFP cruel-and-unusual-punishment direct-appeal ineffective-assistance-of-counsel res-judicata sentencing sentencing-error statutory-authority statutory-authorization "NATURAL LIFE" THAT DOES A SENTENCE OF NOT EXIST IS NOT AUTHOR IZED BY AND STATUTE, WHICH CRUEL AND UNUSUAL PUNI SHMENT CONSTITUTES BECAUSE WAS ASSIGN…
21-7686 Robert Maillet v. United States Fourth Circuit 2022-04-22 Denied Response WaivedIFP 5th-amendment 6th-amendment 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment double-jeopardy due-process sex-offender-registry supervised-release UNDER ISSUE 1: Is §3583 ('Supervised Release) as it stands after 3583(k) was found to be unconstitutional, invalid, illegal, and so, void in whole? D…
21-7663 Guy Adam Rook v. Donald Holbrook Ninth Circuit 2022-04-20 Denied Response WaivedIFP 8th-amendment cruel-and-unusual-punishment eighth-amendment federal-constitutional-law gross-disproportionality habeas-corpus harmelin-v-michigan lockyer-v-andrade state-constitutional-law supreme-court-precedent 1) Whether a demonstration that a state constitutional test is less protective than the federal constitutional test means that an adjudication of the …
21-1363 Brandon Scott Lavergne v. Darrell Vannoy, Warden Fifth Circuit 2022-04-19 Denied Response Waived 8th-amendment cruel-and-unusual cruel-and-unusual-punishment habeas-corpus ineffective-assistance-of-counsel life-without-parole plea-agreement rule-60b-petition solitary-confinement 1) Is a criminal sentence of life without parole in solitary confinement a cruel and unusual sentence? 2) Ifone federal district court finds I was no…
21-1332 Waseem Daker v. Timothy Ward, et al. Eleventh Circuit 2022-04-06 Denied Response Waived blood-borne-disease blood-borne-diseases civil-rights cruel-and-unusual-punishment due-process imminent-danger incarcerated-rights prison-litigation-reform-act serious-physical-injury standing sua-sponte-dismissal I. Whether an incarcerated person must allege presently occurring or certain-to-occur serious physical injury in order to successfully invoke the "imm…
21-7547 Gabriel Gonzalez v. John P. Yates, Warden Eighth Circuit 2022-04-05 Denied Response WaivedIFP constitutional-rights covid-19 cruel-and-unusual-punishment due-process eighth-amendment imprisonment prison-conditions sentencing sentencing-guidelines I. Does continued imprisonment under unconstrained exposure to a lethal contagion, such as COVID-19, violate his Eighth Amendment right to be free fro…
21-7512 Kevin E. Herriott v. Major Parrish, et al. Fourth Circuit 2022-03-31 Denied IFP 8th-amendment civil-rights cruel-and-unusual-punishment cruel-unusual-punishment disciplinary-action due-process eighth-amendment excessive-force good-faith good-faith-effort law-enforcement 1) WHETHER PETITIONER GIVE DEFENDANTS PATQ OTICE OF WHAT THE CLAIMS ARE AND THE GROUND UPON WHICH IT RESTS? 2) WHERE OFFICERS VIOLATE THE RULE ANNOUN…
21-7498 Eric Lloyd Hermansen v. Anna Valentine, Warden Sixth Circuit 2022-03-30 Denied IFP atypical-hardship civil-rights constitutional-protection covid-19 cruel-and-unusual-punishment due-process habeas-corpus health-complications prisoner-rights Are State prisoners protected under this Court's decision in Helling v. McKinney from being forcibly subjected to its unknown health complications/ ex…
21-7457 Gregory Wynn v. Alabama Alabama 2022-03-24 Denied IFP criminal-rehabilitation cruel-and-unusual-punishment eighth-amendment juvenile-offender juvenile-offenders life-sentence life-without-parole rehabilitation sentencing sentencing-proportionality Whether, in light of the uncontroverted evidence of Gregory Wynn's potential for maturity and positive change as an adult, his sentence of life impris…
21-7423 Delbert Keyes v. Mississippi Mississippi 2022-03-21 Denied Response WaivedIFP criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment habeas-corpus sentencing Question not identified.
21-1268 Joe Clarence Smith, Jr. v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2022-03-18 Denied 14th-amendment 42-usc-1983 8th-amendment civil-rights cruel-and-unusual-punishment death-penalty death-row eighth-amendment habeas-relief method-of-execution section-1983 1. Whether Mr. Smith's method-of-execution challenge is cognizable under 42 U.S.C. § 1983. 2. Whether a method of execution involving 44 years of mos…
21-7367 Adam Shane Swindle v. S. Ma'at Fifth Circuit 2022-03-15 Denied Response WaivedIFP burden-of-proof certiorari-standard constitutional-interpretation court-procedure cruel-and-unusual-punishment due-process habeas-corpus judicial-discretion pandemic-review record-review -fa be ■U- he y>un<^bej QlC\ Covid /7df iv*^ K* SK ould (Ama or 0<Xjsr\ V-i7t>t-V^eci ? 'p'C© Vc' ^ "l 1_S>V yc>vjW £Kp, ( (Xtk 4-^eti ck'td Ooir Com^…
21-7303 Edward Pinchon v. Raymond Byrd, Warden Sixth Circuit 2022-03-08 Denied Response WaivedIFP cruel-and-unusual-punishment due-process eighth-amendment habeas-corpus juvenile-offenders juvenile-sentencing life-imprisonment mandatory-sentencing miller-precedent At age 17, Edward Pinchon was convicted of first-degree murder for the killing of a middle-aged man who was sexually abusing him. Tennessee law mandat…
21-7290 James L. Caudle v. Florida Florida 2022-03-07 Denied Response WaivedIFP confrontation-clause confrontation-rights constitutional-protections cruel-and-unusual-punishment due-process ex-parte-communication impartial-jury life-imprisonment presumption-of-innocence I. Whether the fight to due process of law has been denied by State courts allowing the State to evade addressing whether the right to confront the on…
21-7250 Michael Ray Fortuna v. Robert Hudgins, Warden, et al. Fourth Circuit 2022-03-02 Denied Response WaivedIFP civil-rights constitutional-violation cruel-and-unusual-punishment cruel-punishment disability-accommodations due-process eighth-amendment inmate-safety isolation-conditions medical-neglect prison-conditions prisoner-rights Question not identified.
21-7232 Lance Reberger v. Michael Koehn, et al. Ninth Circuit 2022-03-01 Denied IFP 8th-amendment civil-rights constitutional-protections cruel-and-unusual-punishment due-process eighth-amendment medical-care medical-treatment prison prison-medical-care prisoner-rights qualified-immunity Are all U.S. prison officials required to provide all prisoners with healing spiritual medication for epilepsy, to prevent seizures that cause death? …
21-1065 Dennis Wayne Hope v. Todd Harris, et al. Fifth Circuit 2022-02-01 Denied Amici (4)Response RequestedResponse WaivedRelisted (3) constitutional-protections cruel-and-unusual-punishment due-process eighth-amendment judicial-review mental-health physical-health prison-conditions prisoner-rights review-procedures solitary-confinement Whether decades of solitary confinement can, under some circumstances, violate the Eighth Amendment, as at least five circuits have held, or whether s…
21-7023 Toni Marie Rambo v. Texas Texas 2022-02-01 Denied IFP civil-rights constitutional-rights criminal-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment sentencing DOES THE SENTENCE IMPOSED ON MRS. RAMBO CONSTITUTE CRUEL AND UNUSUAL PUNISHMENT IN VIOLATION OF HIS EIGHTH AMENDMENT RIGHTS?
21-1021 Dexter Payne, Director, Arkansas Division of Correction v. Alvin Bernal Jackson Eighth Circuit 2022-01-20 Denied Relisted (4) adaptive-skills constitutional-rights criminal-sentencing cruel-and-unusual-punishment death-penalty due-process evidence intellectual-disability judicial-interpretation Whether courts may consider adaptive strengths in deciding whether a defendant is intellectually disabled and thus ineligible for the death penalty.
21-1016 Andrew Huy Chrostowski v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2022-01-19 Denied Response Waived constitutional-rights criminal-defense cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health plea-bargaining psychiatric-examination right-to-present-defense A. Did trial counsel's failure to make a constitutionally adequate inquiry into viable defenses deprive the petitioner of his right to present 'full a…
21-6656 Azizjon Rakhmatov v. United States Second Circuit 2021-12-17 Denied Response WaivedIFP appellate-waiver constitutional-rights cruel-and-unusual-punishment due-process equal-protection guilty-plea plea-agreement right-to-appeal right-to-counsel sentencing-bias Whether a sentence based on racial and ethnic bias can be appealed pursuant to the Constitutional rights to due process and equal protection of the la…
21-6632 Charles Dalton Shoemake v. Mississippi Mississippi 2021-12-16 Denied Response WaivedIFP criminal-sentencing cruel-and-unusual-punishment eighth-amendment exemplary-prison-record juvenile-sentencing life-with-parole proportionality rehabilitation Given his exemplary prison record and demonstrated rehabilitation, whether Charles Dalton Shoemake's life-with-parole sentence imposed for a crime he …
21-6531 Billy Mack Nichols, Jr. v. Gary Kerstein, et al. Eighth Circuit 2021-12-06 Denied Relisted (2)IFP 14th-amendment 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment cruel-unusual-punishment equal-protection medical-care medical-negligence summary-judgment 1) Whether the lower courts were wrong for not seeking out, or for not causing the medical doctor, defendant, to seek out the cause for my Central Dia…
21-6504 Edward JoRodge Gladney v. United States Ninth Circuit 2021-12-03 Denied Response WaivedIFP circuit-court-review civil-rights cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment precedent-interpretation prison-conditions prison-safety prisoner-rights sexual-assault (1) Did the Circuit Court err by contradicting this Court's precedent in Farmer v. Brennan by ruling Petitioner was obliged to show an individualized …
21-6473 Michael Stumph v. Ohio Ohio 2021-12-02 Denied Amici (1)Response WaivedIFP Appellate-Review Cruel-and-Unusual-Punishment Due-Process eighth-amendment Equal-Protection fourteenth-amendment Procedural-Due-Process sentencing-discretion Whether Ohio Revised Code § 2953.08(D)(3) violates the prohibition against cruel and unusual punishment under the Eighth Amendment to the United State…
21-6495 Pedro J. Amaro v. New Mexico, et al. Tenth Circuit 2021-12-02 Denied IFP civil-procedure civil-rights cruel-and-unusual-punishment due-process judicial-discretion prison-conditions procedural-fairness standing summary-dismissal Whether the Tenth Circuit Court of Appeals, under the "abuse of discretion" standard of review, should have reversed the district court's judgment sum…
21-6430 Michael Cardora Roberson v. Joe Morgan, et al. Fifth Circuit 2021-11-29 Denied IFP 8th-amendment civil-rights civil-rights-violation cruel-and-unusual-punishment deliberate-indifference due-process section-1983 serious-medical-needs under-color-of-state-law Section 1983 Lawsuits requlation, custom or usage, of any state or Territory, or the District of Columbia subjects, or causes to be subjeeted. any cit…
21-6378 Severo Garcia-Meza v. United States Sixth Circuit 2021-11-23 Denied Response WaivedIFP administrative-law board-of-immigration-appeals civil-rights compassionate-release cruel-and-unusual-punishment due-process immigration-law incarceration ineffective-assistance judicial-review sentencing l - At 0(S<ftAxS (Lozzt-sC /y\ 9~ 4Z-&~y 5cC.&p oiJ /V DCrf(r^PAtJT vj eJ/UGlfJM' ^^<Sl'PCt^C~ f/vom*-S f-J {$- <J,-S.C.i5S3C^ luJtfoi Oe«n<-*AtuhJCr …
21-6293 Roy Bolinger v. Texas Texas 2021-11-16 Denied IFP collateral-attack cruel-and-unusual-punishment due-process eighth-amendment ineffective-assistance-of-counsel right-to-counsel victim-allocution 1. Bolinger raised an ineffective assistance of counsel claim on direct appeal. The Texas court of appeals concluded that, without counsel's explain…
21-6279 Jquan Leearthur McInnis v. Minnesota Minnesota 2021-11-15 Denied Response WaivedIFP cruel-and-unusual-punishment eighth-amendment juvenile-sentencing life-without-parole miller-v-alabama roper-v-simmons sentencing sentencing-discretion Whether sentencing a juvenile to two consecutive homicide sentences of life-with-the possibility-of-release after thirty years, the functional equival…
21-6237 Glenn C. Damond v. Louisiana Louisiana 2021-11-10 Denied IFP 8th-amendment civil-rights cruel-and-unusual-punishment juvenile-offenders life-without-parole non-homicide-offenses Question not identified.
21-6204 Antonio A. Tankes v. Florida Florida 2021-11-05 Denied Response WaivedIFP armed-career-criminal-act civil-procedure civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment free-speech retroactive-application sentencing-enhancement standing Question not identified.
21-6160 Dennis Dean Smith v. United States Eighth Circuit 2021-11-03 Denied Response WaivedIFP 8th-amendment civil-rights criminal-justice-reform cruel-and-unusual-punishment due-process equal-protection first-step-act prior-convictions retroactive-sentencing sentencing sentencing-guidelines substantial-changes 1) Has the Eleventh Amendment barred the federal courts from exercising jurisdiction over this case where the state has been sued in federal court to …
21-6093 Jeffrey D. Leiser v. Karl Hoffmann, et al. Seventh Circuit 2021-10-27 Denied IFP 8th-amendment civil-rights cruel-and-unusual-punishment deliberate-indifference eighth-amendment inmate-rights medical-treatment summary-judgment wanton-suffering Did the District Court and Seventh Circuit Court of Appeals misapplied the legal presidents that 46 days of severe "unnecessary inflict of wanton pain…
21-6102 Anthony B. Williams v. United States Eighth Circuit 2021-10-27 Denied Response WaivedIFP constitutional-rights criminal-procedure cruel-and-unusual-punishment district-court double-jeopardy due-process grand-jury-indictment jury-instructions sentencing Does the absence of a specific unanimity instruction at trial require both distribution of Pcp and accompanying 924.lis count be vacated Does a convi…
21-5944 Casey Ray Culp v. United States Ninth Circuit 2021-10-12 Denied Response WaivedIFP criminal-justice cruel-and-unusual-punishment due-process eighth-amendment reform sentencing 1. Whether a guideline sentence of seventy-five months imprisonment violates the Eighth Amendment prohibition on cruel and unusual punishment in the c…
21-5860 Antonio Franklin v. Tim Shoop, Warden Sixth Circuit 2021-10-05 Denied IFP appellate-process cruel-and-unusual-punishment due-process eighth-amendment equal-protection final-judgment-rule fourteenth-amendment ineffective-counsel judicial-dereliction 1. Though completely forsaken by the protections of the Sixth Amendment by the time ive at the federal appellate courts, does either the Eighth or sta…
21-5825 Raqib Abdul Al-Amin v. South Carolina South Carolina 2021-09-29 Denied IFP compulsory-process constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment drug-offense due-process eighth-amendment evidence expert-witness mandatory-minimum sentencing-guidelines Whether the South Carolina Supreme Court error to akfirm the trial Coust's suling where the trial Court was convinced by the Sthte's 'thired-party gui…
21-5746 In Re Conghau Huu To 2021-09-22 Denied IFP criminal-conviction cruel-and-unusual-punishment district-court-procedure due-process federal-review gatekeeping habeas-corpus judicial-integrity newly-discovered-evidence sixth-amendment statutory-interpretation Question not identified.
21-399 Chester Lee Reneau v. Mary Cardinas, et al. Tenth Circuit 2021-09-14 Denied Response Waived cruel-and-unusual-punishment deliberate-indifference eighth-amendment medical-negligence prisoner-rights serious-medical-needs seventh-amendment summary-judgment Can prison doctors violate the Eighth Amendment by exposing prisoner's to the "unnecessary and wanton" infliction of pain? And, does the Constitution …
21-5648 O. B. Davis, Jr. v. Johnny Sumlin, Warden Fifth Circuit 2021-09-10 Denied IFP constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance-of-counsel nolo-contendere prosecutorial-misconduct supreme-court-review witness-testimony Whether the Court's adjudication of this case ensue from a decision that was to, or involve an unreasonable application of, clearly established law as…
21-5513 Christopher Seckington v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-08-30 Denied Response WaivedRelisted (2)IFP chapman-v-united-states constitutional-law cruel-and-unusual-punishment drug-trafficking eighth-amendment ineffective-assistance sentencing sentencing-guidelines sixth-amendment urine-testing Question 1: What must a Defendant show in order to demonstrate an Eighth Amendment violation where Petitioner was sentenced to in essence life for pos…
21-5391 Jermontae Moss v. Georgia Georgia 2021-08-17 Denied Response WaivedIFP 8th-amendment criminal-procedure cruel-and-unusual-punishment family-violence felony-murder juvenile-justice juvenile-sentencing life-without-parole miller-v-alabama mitigating-factors sentencing sentencing-discretion Does a court violate Miller when it refuses to consider childhood trauma as mitigating when sentencing a child to life without parole?
21-5407 Robin Rick Manning v. Michigan Michigan 2021-08-17 Denied IFP civil-rights cruel-and-unusual-punishment cruel-unusual-punishment due-process first-amendment habeas-corpus juvenile-justice miller-v-alabama proportionality-review roper-v-simmons sentencing sentencing-discretion 1. THE 4 TO 3 MAJORITY DECISION OF HE MICHIGAN SUPREME COURT FLOUTED U.S. SUPREME COURT PRECEDENT i .e. THE EVOLVING STANDARDS OF DECENCY ON PROPORTIO…
21-5164 Larry G. Coker v. Alabama Alabama 2021-07-21 Denied Response WaivedIFP 8th-amendment amendment-violation constitutional-rights criminal-sentencing cruel-and-unusual-punishment double-jeopardy due-process illegal-indictment sentencing sex-offender-registration (A) That Judge Hili re-sentenced Coker to 25 years on uct. 2008/ which was 5 tiroes the amount aiioweo dv iaw/ cruei and unusual punishment/ violated …
21-5165 Robert Allen Custard v. Scott Crow, Warden Tenth Circuit 2021-07-21 Denied IFP citizen-rights civil-rights constitutional-rights cruel-and-unusual-punishment cruel-punishment double-jeopardy due-process imprisonment legal-detention multiple-punishments united-states-constitution Because -as admitted by both lower Courts appealled from (wDOK and 1oth Cir.)i.e., Please see both Federal [and Oklahoma state] Qrders @ APPENDIX A-D,…
21-62 Paul Poupart v. Louisiana, et al. Louisiana 2021-07-16 Denied Response WaivedRelisted (2) collateral-review constitutional-violation cruel-and-unusual-punishment cruel-unusual-punishment due-process ex-post-facto fraud-on-the-court fraud-upon-court retrospective state-collateral-review Has the State of Louisiana and its Judicial Officers created and/or imposed an ex post facto law violating the Petitioner's federal due process rights…
21-5108 Victor Willis v. Illinois Illinois 2021-07-14 Denied IFP 8th-amendment civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment death-penalty due-process eighth-amendment intellectual-disability juvenile-sentencing life-without-parole Question not identified.
20-8375 Luisa M. Liberto, et al. v. Geisinger Hospital, et al. Third Circuit 2021-06-22 Denied Response WaivedIFP americans-with-disabilities-act civil-rights cruel-and-unusual-punishment discrimination eighth-amendment harassment title-vii viii-amendment wrongful-termination Due to his intellectual disabilities, Jeffrey Liberto was banned from his volunteering position at Geisinger Hospital, without explanation, and preve…
20-8224 Don Wayne Basey v. Texas Department of Criminal Justice Fifth Circuit 2021-06-04 Denied IFP civil-rights constitutional-division criminal-justice cruel-and-unusual-punishment due-process ex-post-facto WILL THE "SANCTION" PENDING HINDER PETITIONER FROM "EXERCISING" PETITIONER'S CONSTITUTIONAL RIGHTS PRISON OFFICIALS INCLUDED HAVE PLACED PETITIONER AG…
20-8171 Terry L. Ogle v. Mike Parris, Warden Sixth Circuit 2021-05-27 Denied Response WaivedIFP arrest-warrant civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equitable-tolling habeas-corpus plea-bargaining statute-of-limitations 1. Whether fraud, false and misleading statements in arrest & extradition warrant affidavit - irrespective of the subsequent indictment in this case -…
20-8128 Teddy Ogle v. Mike Parris, Warden Sixth Circuit 2021-05-25 Denied Response WaivedIFP arrest-warrant civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equitable-tolling habeas-corpus plea-bargaining statute-of-limitations 1. Whether fraud, false and misleading statements in arrest & extradition warrant affidavit - irrespective of the subsequent indictment in this case -…
20-8062 Erold Martin Panopio v. United States Eleventh Circuit 2021-05-18 Denied Response WaivedIFP constitutional-rights criminal-justice criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-sentencing sentencing sentencing-reform supervised-release youthful-offender youthful-offenders I. WHETHER A NEAR TWENTY YEAR PRISON SENTENCE FOLLOWED BY A FIFTEEN YEAR TERM OF SUPERVISED RELEASE FOR A YOUTHFUL OFFENDER SUCH AS PANOPIO VIOLATES T…
20-8043 Carl Wayne Buntion v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-05-17 Denied IFP arbitrary capital-punishment cruel-and-unusual-punishment death-penalty deterrence eighth-amendment retribution If neither of the two purposes this Court has deemed to be a legitimate purpose for the death penalty —i.e. , retribution and deterrence— would be ser…
20-8048 James Terry Colley, Jr. v. Florida Florida 2021-05-17 Denied IFP 14th-amendment 8th-amendment aggravating-factor constitutional-challenge cruel-and-unusual-punishment death-penalty due-process first-degree-murder florida-supreme-court sentencing-scheme Whether the Florida Supreme Court's expansion of the applicability of our statute's aggravating factor, Section 921.141(5)(i), i.e., the murder was es…
20-7803 Jonathan S. Hall v. Delaware Delaware 2021-04-19 Denied Response WaivedIFP 2nd-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment judicial-discretion sentencing-guidelines standing supreme-court-review takings All Federal and State laws are predicated on the Constitution. If laws are unconstitutional or illegal they are void. If sentenced under said law is s…
20-7763 Brian David Hill v. Virginia Virginia 2021-04-15 Denied IFP actual-innocence constitutional-rights cruel-and-unusual-punishment due-process habeas-corpus indecent-exposure procedural-defect state-custody supervised-release Where the Virginia Supreme Court didn't think that the Petition for Writ of Habeas Corpus should apply to the case of Brian David Hill being convicted…
20-7713 Anthony Keenan Sharp v. Lawrence Long, Judge, Second Judicial Circuit Court of South Dakota, et al. Eighth Circuit 2021-04-13 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equal-protection exculpatory-evidence fair-trial freedom-of-speech prosecutorial-misconduct unlawful-search-and-seizure ntain within PlaInTiFE Request Fon Admission ano H qIntIFE FiNST REGUEST FOR PRodUCtIOn OF Documents LocedUReS aS FoUnd UndeR SDCLS3 19-19-4O/ET SEG.G…
20-7687 Ronald James Hamilton, Jr. v. Texas Texas 2021-04-07 Denied IFP capital-murder cruel-and-unusual-punishment due-process eighth-amendment exculpatory-evidence fingerprint-evidence prosecutorial-misconduct punishment-trial witness-testimony I. Did the trial prosecutors deny Mr. Hamilton Due Process by failing to disclose exculpatory fingerprint comparison results relevant to an extraneous…
20-1401 James Dennis v. Virginia Virginia 2021-04-06 Denied Response Waived confrontation-clause constitutional-rights cruel-and-unusual-punishment due-process false-evidence fifth-amendment first-amendment fourteenth-amendment prosecutor prosecutorial-misconduct A. Does any Court have the authority to extinguish a defendant's due process rights via the Fifth and Fourteenth Amendment by allowing the prosecutor …
20-7637 Derrick Gregory James v. Florida Department of Corrections Florida 2021-04-02 Denied Response WaivedIFP corrections-department cruel-and-unusual-punishment double-jeopardy due-process ex-post-facto fifth-amendment habeas-corpus judicial-discretion sentence-modification sentencing Can A Stale Corrections Arbitrarily Change A Defendant 's Prison Sentence Nearly Two Decades Later, Even After Having Initionaliy Structured Said Cou…
20-7578 Valentin Spataru v. Rick Ramsay, et al. Eleventh Circuit 2021-03-26 Denied IFP civil-rights conspiracy cruel-and-unusual-punishment cruel-punishment detention-conditions due-process in-forma-pauperis judicial-dismissal official-conspiracy standing 1. Whether the Courts may or may not dismiss an Appeal and Motion to Proceed In Forma Pauperis on Appeal when the Appellant has not paid the docket fe…
20-7561 Melissa Pocopanni v. Florida Florida 2021-03-25 Denied Response WaivedIFP criminal-responsibility cruel-and-unusual-punishment eighth-amendment intent-to-commit-murder juvenile-sentencing life-imprisonment second-degree-murder Whether a sentence of life imprisonment without the possibility of parole on a nineteen-year-old defendant convicted as a principal to second-degree m…
20-1336 Denis Quinette v. Dilmus Reed, et al. Eleventh Circuit 2021-03-24 Denied Response Waived 42-usc-1983 civil-rights constitutional-rights cruel-and-unusual-punishment due-process fourth-amendment inmate-abuse qualified-immunity supervisory-liability Petitioner Denis Quinette was violently attacked by a jailer at the Cobb County Jail who had a terrifying history of violence and inmate abuse.1 Despi…
20-7516 Josue Portillo v. United States Second Circuit 2021-03-22 Denied Response WaivedRelisted (2)IFP criminal-procedure criminal-sentencing cruel-and-unusual-punishment eighth-amendment incorrigibility juvenile-justice juvenile-offenders miller-rule miller-v-alabama proportionality sentencing Absent proof of incorrigibility, can a district court sentence a defendant to fifty-five years imprisonment without parole for participating in a exec…
20-7479 Benjamin Velayo v. Cheryl Fox, et al. Tenth Circuit 2021-03-17 Denied IFP cruel-and-unusual-punishment death-penalty eighth-amendment mental-illness rational-understanding reasons-for-execution Question not identified.
20-7435 Steven G. Knickerbocker v. Wisconsin, et al. Seventh Circuit 2021-03-11 Denied IFP civil-rights constitutional-violation cruel-and-unusual-punishment cruel-punishment due-process evidence-destruction excessive-force federal-crime judicial-misconduct law-enforcement-misconduct medical-care VIOLATING Federal law, then sever beating Knickerbocker in a cell, by Sgt Wilson and 6 deputies, in Outagamie jail. Judge Vincent R. Biskupic had me b…
20-1236 Jason Avery Anderson v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2021-03-08 Denied as-applied-challenge constitutional-challenge cruel-and-unusual-punishment due-process effective-assistance-of-counsel eighth-amendment fourteenth-amendment sixth-amendment va-code-18.2-361 va-code-18.2-366 A. Is Anderson is being subjected to cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution because Va. C…
20-7342 In Re Christopher Vigliotti 2021-03-05 Denied IFP 14th-amendment 8th-amendment covid-19 covid-19-risk cruel-and-unusual-punishment cruel-punishment due-process eighth-amendment habeas-corpus prison-conditions SHOULD THE COURT ISSUE AN EMERGENCY WRIT OF HABEAS CORPUS REQUIRING RESPONDENT'S TO RELEASE PETITIONER DUE TO THE FACT COVID-19 AND ITS VARIANTS PRESE…
20-7252 John Raymond Travis v. California California 2021-02-25 Denied IFP capital-punishment cruel-and-unusual-punishment due-process effective-assistance-of-counsel fifth-amendment jury-instructions mitigating-factors sixth-amendment 1. May a trial court, consistent with the requirements of the federal Fifth, Sixth, Eighth and/or Fourteenth Amendment guarantees of a fundamentally f…
20-7238 Alberto Julio Garcia v. Mississippi Mississippi 2021-02-24 Denied IFP competency cruel-and-unusual-punishment death-penalty due-process dusky-standard eighth-amendment fourteenth-amendment mental-competency pretrial-proceedings restorative-treatment Does Mississippi's "presumption of competency" violate the Fourteenth Amendment, and/or the Eighth Amendment, when that presumption is expanded to all…
20-1155 Jonas David Nelson v. Minnesota Minnesota 2021-02-23 Denied Amici (2)Response Waived cognitive-deficits cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing life-sentence life-without-parole mental-illness proportionality proportionality-review 1. Whether the Eighth Amendment right to narrow proportionality review of sentences of life without release entails a right to a hearing at which evid…
20-7151 Hamid Michael Hejazi v. Clifton Harrold, Sheriff, Lane County, Oregon Ninth Circuit 2021-02-16 Denied IFP bail civil-rights constitutional-claims criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus ineffective-counsel speedy-trial state-court-review Did the V.S. Coust of Appeals for the Ninth Grcuit err when it denied the certificate of appealibility whereas there were in-set before the istrict co…
20-7127 Clyde Pontefract v. United States, et al. Sixth Circuit 2021-02-11 Denied Response WaivedIFP bivens bivens-action civil-rights cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment federal-prisoner federal-prisons injunctive-relief municipal-liability standing 1. Does Ziglar V Abbasi, 582 US_ 137 S Ct 198 L Ed 2d 290 (2017) in deciding a private right of action under Bivens, apply to a Federal Prisoner held …
20-7049 Edwin Gonzalez v. United States First Circuit 2021-02-04 Denied Response WaivedIFP 8th-amendment age-based-sentencing brain-development constitutional-interpretation criminal-justice cruel-and-unusual-punishment juvenile-sentencing life-without-parole rehabilitation In Miller v. Alabama, 132 S. Ct. 2455, (2012), this Court held mandatory life sentences without parole for juvenile homicide offenders violates the Ei…
20-941 Gregory Atkins, et al. v. Kenneth Williams, Medical Director, Tennessee Department of Correction Sixth Circuit 2021-01-13 Denied 8th-amendment cruel-and-unusual-punishment deliberate-indifference eighth-amendment injunctive-relief lack-of-funds official-capacity prison-conditions subjective-component The Eighth Amendment prohibits cruel and unusual punishments, including deliberate indifference to a convicted prisoner's serious medical needs and ot…
20-6846 Tyrone Campbell v. Florida Florida 2021-01-12 Denied IFP cruel-and-unusual-punishment death-penalty due-process eighth-amendment standing supreme-court Question not identified.
20-6849 Casey Rafael Tyler v. Katy Poole, et al. Fourth Circuit 2021-01-12 Dismissed IFP access-to-courts civil-rights covid-19 cruel-and-unusual-punishment due-process health-safety inmate-rights institutional-policy prison-conditions DOES LAWFUL IMPRISONMENT IMPOSE A LEGAL Duty om the prisoner to try surviving '~The General Population ^ so that he can oe Lawfully ordered 'to go i…
20-6746 Jonathan Loyd v. Florida Florida 2020-12-31 Denied IFP 8th-amendment age-of-offender constitutional-rights cruel-and-unusual-punishment due-process eighth-amendment juvenile-justice juvenile-sentencing life-imprisonment mandatory-life-sentence sentencing Whether a mandatory term of life imprisonment imposed upon an offender under the age of 18 is per se lawful under the Eighth Amendment?
20-6626 Ihab Masalmani v. Michigan Michigan 2020-12-15 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof cruel-and-unusual-punishment due-process irreparable-corruption juvenile-justice juvenile-sentencing life-without-parole miller-hearing I. Whether the government must bear the burden of proof at a Miller hearing that a juvenile is irreparably corrupt, consistent with juveniles' rights …
20-6534 Deverick Scott v. Rory Griffin, et al. Eighth Circuit 2020-12-04 Denied Response WaivedIFP civil-rights constitutional-violation cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment grievances inmate-rights medical-malpractice medical-treatment policy 1. Is "A.D.C. ", Correct Care Solutions Medical policy unconstitutional to Scott, and all other inmates in A.D.C. when Dr. Dove refuse to refill and r…
20-6419 Romell Broom v. Tim Shoop, Warden Sixth Circuit 2020-11-24 Dismissed IFP clearly-established-law constitutional-interpretation cruel-and-unusual-punishment eighth-amendment execution-attempt habeas-corpus robinson-v-california section-2254 sentencing supreme-court-precedent trop-v-dulles Is Louisiana ex rel. Francis v. Resweber, 329 U.S. 459 (1947) the clearly established United States Supreme Court precedent, for purposes of 28 U.S.C.…
20-6393 Todd C. Hughes v. Florida Florida 2020-11-20 Denied Response WaivedIFP cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment fourteenth-amendment post-conviction postconviction-motion sexual-predator Did the Florida Second District Court of Appeal and the Florida Sixth Judicial Circuit violate the Petitioner's and like situated inmates, rights unde…
20-6396 Michael John Bever v. Oklahoma Oklahoma 2020-11-20 Denied IFP consecutive-sentences criminal-procedure cruel-and-unusual-punishment eighth-amendment eighth-amendment-review jury-finding juvenile-offender juvenile-sentencing sentencing sixth-amendment 1. Whether a judge's decision to sentence a juvenile offender to consecutive terms is exempt from Eighth Amendment review. 2. Whether a judge's decis…
20-6331 Raphael Dimenick Sam v. Texas Texas 2020-11-16 Denied IFP civil-rights cruel-and-unusual-punishment due-process equal-protection habeas-corpus sentencing WHETHER OR NOT THE LOWER COURT ERRED AND ABUSED HIS DISCRETION THE TRIAL COURT REVERSIBLY ERRED FOR ALLOWING "VICTIM IMPACT STATEMENT AND VICTIM IMPAC…
20-665 Damon B. Cook v. George M. Galaza, Warden Ninth Circuit 2020-11-13 Denied abuse-of-discretion civil-rights cruel-and-unusual-punishment due-process felony-murder habeas-corpus ineffective-assistance-of-counsel reasonable-doubt rule-60(b)(6) sentencing 1.) WhetheR The PetitioNeR DAMON COOk Has Made of A Substantial Showing The DeNial ConstitutioNAL RighT 28 USC 2253(C)(2) IN order To ObtaiN A CertiFi…
20-6240 Kyle Brandon Richards v. Kristopher Taskila, Warden Sixth Circuit 2020-11-06 Denied IFP aspergers-syndrome cruel-and-unusual-punishment cruel-unusual-punishment due-process mental-health self-representation sentencing-guidelines sentencing-proportionality (1) MR RICHARDS WAS DEPRIVED OF HIS CONSTITUTIONAL RIGHTS TO SELF REPRESENTATION BY THE TRIAL COURTS SUMMARY DENIAL OF HIS TIMELY REQUEST TO GO PRO SE…
20-6134 Adam Alfredo Flores v. United States Fifth Circuit 2020-10-26 Denied Response WaivedIFP 8th-amendment criminal-history cruel-and-unusual-punishment disproportionate-sentence eighth-amendment felon-in-possession sentencing-guidelines substantive-reasonableness Was a maximum ten year sentence above the guidelines of 70 to 87 months' imprisonment for Felon in Possession of a Firearm substantively unreasonable,…
20-6116 Terry Joseph Wernicke, Jr. v. Court of Appeal of California, Third Appellate District, et al. California 2020-10-23 Denied Response WaivedIFP cruel-and-unusual-punishment eighth-amendment felony-murder juvenile-offender life-sentence parole Question not identified.
20-6085 Celso Yanez v. California California 2020-10-20 Denied Response WaivedIFP cruel-and-unusual-punishment eighth-amendment first-time-offender mandatory-sentencing sentencing sentencing-guidelines sexual-abuse Whether a mandatory sentence of 45 years to life, imposed on a 56-year-old first-time offender in a sexual abuse case involving no violence, no force,…
20-6060 Benjamin Davis Smiley, Jr. v. Florida Florida 2020-10-19 Denied IFP aggravating-factors capital-sentencing cruel-and-unusual-punishment eighth-amendment equal-protection fourteenth-amendment jury-determination mitigating-circumstances sentencing 1. Does the decision of the Florida Supreme Court in Smiley v. State , 295 So.3d 156 (2020), violate the Eighth Amendment ban on cruel and unusual pun…
20-6000 Sara G. Kielly v. New York New York 2020-10-13 Denied IFP civil-rights constitutional-conditions conviction-challenge criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus plea-agreement plea-bargaining prison-treatment sentencing 1.5 a defendant required, in light of well-established facts, to explicitly state a plea agreement's constitutional conditions, and treatment in priso…
20-5938 Robert B. Wister v. Donald R. White, et al. Ninth Circuit 2020-10-07 Denied IFP civil-rights constitutional-violation cruel-and-unusual-punishment due-process elder-abuse equal-protection federal-statute petition-of-grievances Abject refusal of a series of courts to read and give credibility to Appellant's brief citing violations of statutes by those holding office. County A…
20-5892 Russell A. Stoddard v. Florida Florida 2020-10-05 Denied IFP appellate-review cruel-and-unusual-punishment due-process eighth-amendment enhanced-sentence fourteenth-amendment sentencing state-law 1. DOES THE EIGHT AMENDMENT PROTECTION AGAINST CRUEL AND UNUSUAL PUNISHMENT PROHIBIT A STATE FROM IMPOSING A PRISON SENTENCE THAT EXCEEDS THE MAXIMUM …
20-5893 Jonnie Ravon v. Florida Florida 2020-10-05 Denied IFP constitutional-rights cruel-and-unusual-punishment eighth-amendment habeas-corpus juvenile-sentencing life-without-parole manifest-injustice sentencing violent-offenses Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court when they d…
20-5887 Charles Kunta Lewis, Jr. v. Michigan Michigan 2020-10-02 Denied IFP age-consideration brain-development constitutional-rights cruel-and-unusual-punishment cruel-unusual-punishment eighth-amendment individualized-sentencing juvenile-offender juvenile-sentencing mandatory-minimum sentencing I. The Constitution prohibits punishments that are cruel and unusual. In addition to the crime committed, the juvenile offender's age must also be tak…
20-5845 Deverick Scott v. Danny Burl, Warden, et al. Eighth Circuit 2020-09-30 Denied IFP 1st-amendment administrative-grievance civil-rights cruel-and-unusual-punishment cruel-unusual-punishment due-process false-disciplinary first-amendment prisoner-rights property-rights retaliation 1. If the A.D.C. authorizes a prisoner to have his personal property in Isolation Confinement by giving to him on his 48hr relief after he served 30 d…
20-5677 In Re Jimmy Wren 2020-09-11 Denied IFP access-to-courts constitutional-rights cruel-and-unusual-punishment due-process ex-post-facto habeas-corpus motion-to-rehear sentencing sentencing-hearing successive-habeas-corpus 1. Whether 28, §2244, U.S.C. deprives similar situated litigants of due process of law? 2. Whether the enforcement of 28, §2244, U.S.C., subjects sim…
20-5572 Michael Aaron Witkin v. Mariana Lotersztain, et al. Ninth Circuit 2020-09-02 Denied Response WaivedRelisted (2)IFP cruel-and-unusual-punishment deliberate-indifference eighth-amendment expert-testimony medical-care prison-conditions summary-judgment The Eighth Amendment prohibition of cruel and unusual punishment prohibits the unnecessary and wanton infliction of pain. Prison officials violate the…
20-5491 M. C. v. Indiana Indiana 2020-08-25 Denied Response WaivedIFP constitutional-rights criminal-sentencing cruel-and-unusual-punishment delinquent-acts due-process eighth-amendment imprisonment juvenile-detention juvenile-justice punishment 1. Is a child imprisoned for delinquent acts "punished" within the meaning of the Eighth Amendment?
20-5474 Montez L. Clayton v. United States Eighth Circuit 2020-08-24 Denied Response WaivedIFP abuse-of-discretion constitutional-rights cruel-and-unusual-punishment due-process ineffective-assistance-of-counsel sentencing vWA Vo ^r\0 wcVW, yW -a^i c,r\^) A VvvsAors Vo fV\soAl V'L ViW| ' vs V^a-'^Y V\^ v *v*r Wen Ve%\wv<^ U^-W^ Wtve^C V V wAVa.T W 3oV- vAW^*£$*** **>•**"…
20-5450 Darnell Perkins Washington v. Florida Florida 2020-08-21 Denied Response WaivedIFP cruel-and-unusual-punishment due-process eighth-amendment florida-constitution relief standing jI legal Qo^s (\ olefe^otfcV d^sc '^ri/e '5 4roAA a a Se^ece o^.W( ^a.^Lx/v^ f C^ue( qa4 Qr'fi'cl^ I SeckoA \~1 o*f fkt FlorsJ^ Cqas^ ^u/ k+k /MAoUeA…
20-189 Robert Barnes v. Bill Stange, Warden Missouri 2020-08-19 Denied Response Waived actual-innocence constitutional-claim cruel-and-unusual-punishment due-process effective-assistance-of-counsel gateway-claim habeas Did the Missouri courts err in failing to find that Petitioner had established a gate-way claim of actual innocence so that his defaulted constitution…
20-5407 Dominique Mack v. United States Second Circuit 2020-08-19 Denied Relisted (4)IFP confrontation-clause criminal-procedure cruel-and-unusual-punishment due-process evidence jailhouse-informant mandatory-minimum mandatory-sentencing plain-error sentencing statements-against-interest 1. Should the Court should grant certiorari in order to consider whether this Court's jurisprudence concerning the admission of statements against int…
20-180 Matthew William George v. Virginia Virginia 2020-08-18 Denied 5th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment due-process fifth-amendment first-amendment free-speech post-commitment probation-restrictions A. Does a Virginia Court have the authority to extinguish a defendant's post commitment First Amendment Rights? B. Can a Virginia Court subject a def…
20-5399 Anthony Leon Latimer, aka Gerrald Smith v. Ben Jones, et al. Fourth Circuit 2020-08-18 Denied Response WaivedRelisted (2)IFP 911-caller civil-rights criminal-procedure cruel-and-unusual-punishment due-process emergency-provision false-imprisonment good-samaritan good-samaritan-law law-enforcement-immunity M>id tbcpefcthfler can pri 7na Mental State* of mbnre 'A? During the TAA/ESTI&ATIO/V PHASE 5 did d&fertdart-ffsgt. Bet1 Jones) Violate the petitioner…
20-5380 Antonio Deshawn Pitt v. United States Fourth Circuit 2020-08-17 Denied Response WaivedIFP bank-robbery criminal-procedure criminal-sentencing cruel-and-unusual-punishment due-process judicial-discretion mental-health proportionality proportionality-principle sentencing-guidelines statutory-interpretation Whether a district court's statutory obligation to consider the "history and circumstances" of a criminal defendant and to refrain from imposing a sen…
20-5364 John S. Kaminski v. Scott Semple, Commissioner, Connecticut Department of Correction, et al. Second Circuit 2020-08-14 Denied Response WaivedIFP civil-rights class-action cruel-and-unusual-punishment due-process prison-conditions standing 1. Are the defendants-SEMPLE as former Commissioner of D.O.C. (now COOK) immune from injunctive and/or declaratory
20-5333 Norman Paul Blanco v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation, et al. Ninth Circuit 2020-08-13 Denied IFP administrative-law california-penal-code civil-rights constitutional-law criminal-sentencing cruel-and-unusual-punishment eighth-amendment felony-convictions judicial-review legal-procedure sentencing-enhancements statutory-interpretation Aunder parole consideration arficle under I vection 32 of california prparition fonmater whnvilenfe constitution sentence ner th p atn ith febny atte…
20-5243 Warren K. Henness v. Mike DeWine, et al. Sixth Circuit 2020-08-03 Denied Amici (3)IFP alternative-methods cruel-and-unusual-punishment death-penalty eighth-amendment lethal-injection medical-aid-in-dying 1. Whether the Eighth Amendment categorically permits the degree of pain caused by hanging—including sensations of drowning and suffocation—or whether…
20-5178 Jimmy Fernetus v. United States Eleventh Circuit 2020-07-27 Denied Response WaivedIFP cruel-and-unusual-punishment district-court eighth-amendment executive-branch executive-power legislative-branch legislative-power minimum-mandatory-sentence separation-of-powers 1. Whether the separation of powers doctrine prohibits the legislative and executive branches from forcing a district court judge to impose a minimum …
20-5168 James Wilson v. North Carolina North Carolina 2020-07-24 Denied IFP 8th-amendment civil-rights cruel-and-unusual-punishment due-process execution-methods lethal-injection IF PETITIONER'S NAME IS NOT INCLUDED IN THE BODY OF THE INDICTMENT?
20-5015 James Latron Sumter v. United States Fourth Circuit 2020-07-09 Denied Response WaivedIFP appellate-review criminal-procedure criminal-sentencing cruel-and-unusual-punishment eighth-amendment first-step-act guilty-plea mandatory-minimum plea-bargaining sentencing 1. WHETHER THE APPELLATE COURT ERRED IN AFFIRMING THE DISTRICT COURT'S RULING NOT ALLOWING SUMTER TO WITHDRAW HIS GUILTY PLEA? 2. WHETHER THE APPELLA…
19-8927 Alfred Brian Mitchell v. Tommy Sharp, Warden Tenth Circuit 2020-07-08 Denied IFP age-of-culpability cognitive-science constitutional-vagueness criminal-procedure cruel-and-unusual-punishment death-penalty due-process eighth-amendment sentencing-aggravator standing statutory-interpretation 1. Given this Court's prior ruling that the text of Oklahoma's "heinous, atrocious, or cruel" death-penalty aggravator is unconstitutionally vague, is…
19-8849 Linda Pedroza v. Florida Florida 2020-07-02 Denied Response WaivedIFP constitutional-rights cruel-and-unusual-punishment eighth-amendment juvenile-offender juvenile-sentencing parole proportionality second-degree-homicide sentencing sentencing-disparity Where a juvenile offender is sentenced to a term of 40 years in prison for a second degree homicide, and that sentence places her in a worse position …
19-8772 Mario Torres v. Mike Hansen, et al. Ninth Circuit 2020-06-23 Denied IFP 42-usc-1983 brady-violations civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment discovery discovery-deprivation due-process eighth-amendment fair-trial Whether Contra Costa County California's blanket policy of depriving a criminal defendant, the facts and the evidence (exculpatory or otherwise), surr…
19-8728 Joshua Harrell v. California California 2020-06-17 Denied Response WaivedRelisted (2)IFP cruel-and-unusual-punishment death-penalty eighth-amendment habeas-corpus mental-illness rational-understanding Question not identified.
19-8666 Louis Mayes v. Jonathan Lebo, Warden Sixth Circuit 2020-06-10 Denied Response WaivedIFP 8th-amendment cruel-and-unusual-punishment due-process equal-protection life-without-parole sentencing vv/h e.-H-i e-r' "H e- oC' Tenntiiec- ctu p^ro te- ALltb^M.^ CA-6G-?L'f^e- >6 M + e-nce^ X. n '-Hie — 54'xAre — j 11 1^5 iA|en -H Ho -Hi e- /'A o d…
19-1350 Darius Ishun Green v. Bradley Hooks, et al. Eleventh Circuit 2020-06-09 Denied Response Waived civil-rights cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment inmate personal-characteristics prison prisoner-rights risk-of-harm summary-judgment 1. Under Farmer v. Brennan, 511 U.S. 825 (1994), is a court precluded from granting summary judgment to defendants where there is evidence of an obvio…
19-8573 David Konepachit v. California California 2020-05-30 Denied IFP civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process equal-protection recidivism sentencing sentencing-enhancement DOES THE SENATE BILL 1393 INHERENTLY DEPRIVE THE PETITIONER FROM EQUAL PROTECTION OF THE LAWS BECAUSE OF THE AMELIORATIVE STATUTE THAT 1893 AMENDS, LA…
19-8551 Londro Emanuel Patterson, III v. Kansas Kansas 2020-05-28 Denied Response WaivedIFP constitutional-rights criminal-law cruel-and-unusual-punishment eighth-amendment juvenile-justice juvenile-sentencing life-sentence parole sentencing Does a Life sentence., without right to parole, upon a Ninteen year old for killing committed by another cruel and unusual punishment, in violation of…
19-8472 Wyte Young, Jr. v. Arizona Arizona 2020-05-15 Denied Response WaivedIFP constitutional-claims constitutional-law criminal-procedure cruel-and-unusual-punishment due-process federal-courts federal-review habeas-corpus post-conviction-review procedural-default sentencing state-court-procedure 1. Did the tral Count vio late petitroverts 5thybthiand i4th arendnvent rights, When it made a Judieial chetermunation,as tothe dangerous nature eleme…
19-8462 Juan F. Perez v. Julie L. Jones, et al. Eleventh Circuit 2020-05-14 Denied IFP access-to-courts civil-procedure civil-rights constitutional-rights cruel-and-unusual-punishment due-process judicial-review legal-expertise legal-filing procedural-error standing Petitioner/Plaintiffs Federal skill and knowledge in the science of jurisprudence? (2) IF a statute requires the placement of "Blind Spot" safety Mea…
19-8447 Jeanette D. Davis v. Renee Thomas, et al. Sixth Circuit 2020-05-12 Denied Response WaivedIFP 8th-amendment civil-rights cruel-and-unusual-punishment cruel-unusual-punishment deliberate-indifference due-process equal-protection excessive-force grievance-interference grievance-process 1. Defendant Officer Renee Thomas inflicted crule an unusal punishnent when she excessively sprayed me with Chemical Agent directly in t^e eyes while …
19-1261 Trent Michael Taylor v. Robert Riojas, et al. Fifth Circuit 2020-04-30 GVR Amici (2)Relisted (4) 42-usc-1983 circuit-split civil-procedure civil-rights constitutional-violation cruel-and-unusual-punishment eighth-amendment government-officials obvious-violation prisoner-rights qualified-immunity section-1983 standing Respondents are prison officials who deliberately left Petitioner Trent Taylor naked for six days in two filthy cells; the first cell was covered from…
19-8203 Rashan J. Hunt v. Ohio Ohio 2020-04-07 Denied IFP constitutional-rights cruel-and-unusual-punishment due-process ineffective-assistance-of-counsel plea-agreement repeat-offender repeat-violent-offender sentencing sixth-amendment FIRST QUESTION PRESENTED FOR REVIEW: WAS PETITIONER'S PLEA AGREEMENT VIOLATED, AND HIS CONSTITUTIONAL DUE PROCESS PROTECTIONS VIOLATED, WHEN THE TRIAL…
19-8166 Anthony Williams v. Muhammad Naji, et al. Third Circuit 2020-04-02 Denied IFP civil-rights cruel-and-unusual-punishment deliberate-indifference due-process health-care hepatitis-c imminent-danger medical-neglect prison prison-healthcare standing 1. DID THE COURT OF APPEALS DECISION CONFLICT WITH DECISIONS- MADE BY THE U.S. DISTRICT COURT REGARDING IMMINENT DANGER. AND DOES HEPATITIS-C CREATE I…
19-1191 Ohio v. Shawn Ford Ohio 2020-04-01 Denied Amici (2) atkins-standard atkins-v-virginia civil-rights constitutional-provisions criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment intellectual-disability standing state-standards supreme-court-jurisdiction supreme-court-precedent What is the test for determining whether someone is "intellectually disabled" for purposes of the Eighth Amendment?
19-8132 Antoine T. Chest v. Michael P. Bald, Judge, Circuit Court of Illinois, Stephenson County Illinois 2020-03-31 Denied IFP bodily-harm consecutive-sentences criminal-law criminal-sentencing cruel-and-unusual-punishment due-process judicial-discretion legal-ambiguity sentence-enhancement sentencing-interpretation statutory-construction statutory-interpretation THE HONORABLE JUDGE MICHAEL BALD IMPROPERLY IMPOSED CONSECUTIVE SENTENCES WHEN CONCURRENT SENTENCES ARE MANDATED BY THE STATUTE, PETITIONER WAS FOUND …
19-1167 Bradley William Kennedy v. Stephen Morris, Warden, et al. Ninth Circuit 2020-03-24 Denied 14th-amendment 8th-amendment AEDPA anti-terrorism-and-effective-death-penalty-act anti-terrorism-and-effective-death-penalty-act-of- cruel-and-unusual-punishment cumulative-trial-errors due-process habeas-corpus insufficient-evidence statute-of-limitations trial-errors Whether Bradley Kennedy's petition for a writ of habeas corpus is time barred under the one-year statute of limitations set forth in the anti-terroris…
19-8060 John Doe v. United States Eleventh Circuit 2020-03-23 Denied Response WaivedRelisted (2)IFP civil-rights court-disclosure cruel-and-unusual-punishment eighth-amendment harassment medical-history medical-privacy prisoner-rights privacy 1. Should a Convicted Felon be Subject to Additional Harassment Above and Beyond Their Prison-Sentence Due to a Court's Disclosure of Their Medical H…
19-8076 Alfredo Galindo v. Brad Cain, Superintendent, Snake River Correctional Institution Ninth Circuit 2020-03-23 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability cruel-and-unusual-punishment eighth-amendment federal-procedure habeas-corpus sentencing statutory-requirement Whether petitioner's claim that his 300-month sentence violates his Eighth Amendment right to be free from cruel and unusual punishment meets the stat…
19-8084 Christopher Young v. Rehka Halligan Third Circuit 2020-03-23 Denied IFP civil-rights constitutional-rights cruel-and-unusual-punishment deliberate-indifference eighth-amendment medical-care medical-treatment standing 1. Whether continuous persistence in a course of treatment known to be ineffective through a petitioner's complaints, while knowing or should've kno…
19-7951 Rashad Taylor v. Florida Florida 2020-03-10 Denied Response WaivedIFP cruel-and-unusual-punishment eighth-amendment fourteenth-amendment juvenile-offender juvenile-sentencing mandatory-minimum mandatory-minimum-sentence miller-v-alabama 1. Does imposition of a mandatory sentence of forty years on a juvenile convicted of a homicide -a sentence imposed pursuant to a statutory scheme tha…
19-7876 Aaron Richardson v. United States Fourth Circuit 2020-03-04 Denied Response WaivedIFP 8th-amendment constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equal-protection judicial-bias judicial-discretion sentencing sentencing-guidelines I. Did an unconstitutional "objective risk of bias," Williams v. Pennsylvania, 136 S. Ct. 1899, 1905 (2016), or "probability of actual bias on the par…
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…
19-7626 Lonnie Rarden v. Ohio Ohio 2020-02-12 Dismissed IFP cruel-and-unusual-punishment disproportionate-sentences due-process eighth-amendment non-violent-offense non-violent-offenses proportionality-review sentencing sentencing-disparity Is sentencing a defendant to a de facto life sentence for non-violent offenses fall within a violation of the eight amendment right of cruel and unusu…
19-7594 Felix Lopez-Cabrera v. United States Second Circuit 2020-02-07 Denied Response WaivedIFP 8th-amendment age-of-culpability age-of-majority criminal-procedure cruel-and-unusual cruel-and-unusual-punishment eighth-amendment juvenile-sentencing life-sentence life-sentences national-consensus neuroscience Whether Supreme Court jurisprudence finding mandatory life sentences for juveniles cruel and unusual under the Eight Amendment, and non-mandatory life…
19-7565 Tyree Wright v. S. Alvarez, et al. Eleventh Circuit 2020-02-05 Denied IFP 8th-amendment civil-rights cruel-and-unusual-punishment deliberate-indifference diagnostic-imaging due-process eighth-amendment inmate-rights medical-care medical-records prison-healthcare qualified-immunity 1. While you are incarcerated in the Florida Department of Corrections (FDOC), how are you supposed to notify Medical of your prior medical history/he…
19-7418 Jody Gifford v. Florida Florida 2020-01-27 Denied IFP constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing life-sentence parole proportionality resentencing Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court when they d…
19-7437 Tony Sparks v. United States Fifth Circuit 2020-01-27 Denied Response WaivedIFP criminal-procedure cruel-and-unusual-punishment due-process fifth-circuit juvenile-offenders juvenile-sentencing life-without-parole miller-rule miller-v-alabama montgomery-retroactivity montgomery-v-louisiana retroactivity sentencing Whether the Fifth Circuit erred in concluding that the U.S. Supreme Court's decision in Miller v. Alabama, 567 U.S. 460 (2012), which was made retroac…
19-7369 David Keen v. Tennessee Tennessee 2020-01-22 Denied Relisted (4)IFP atkins-ruling atkins-v-virginia constitutional-mandate cruel-and-unusual-punishment death-penalty due-process eighth-amendment intellectual-disability judicial-abdication legislative-inaction standing Does the Constitution permit Tennessee to evade the mandate of Atkins v. Virginia, 536 U.S. 304 (2002) by legislative inaction and judicial abdication…
19-7284 Bobby Y. Wallace, Jr. v. Darrel Vannoy, Warden Fifth Circuit 2020-01-14 Denied Amici (1)Response WaivedIFP aedpa aedpa-deference certificate-of-appealability criminal-sentencing cruel-and-unusual-punishment eighth-amendment federalism gross-disproportionality habitual-offender insufficient-evidence jackson-standard jackson-v-virginia judicial-review no-evidence proportionality-review sentencing state-court-decisions The Supreme Court of Louisiana has a demonstrable, decades-long history of substituting in word and deed a "no evidence" standard for the "insufficien…
19-7252 Clarence Joseph Jason v. Robert Tanner, Warden, et al. Fifth Circuit 2020-01-10 Denied IFP civil-rights cruel-and-unusual-punishment deliberate-indifference due-process excessive-force inmate-safety prison-conditions qualified-immunity 1). Whether a Prison "Too ontyo\ Poli [te ot O woon Oviso of fi ta 9 ya t\n Ve oi \i 2). What evidence must be adduced showing a prison officials "kn…
19-7140 Antonio Medrano Ortiz v. George T. Solomon, et al. Fourth Circuit 2020-01-03 Denied Response WaivedIFP 8th-amendment administrative-law civil-procedure civil-rights constitutional-provisions cruel-and-unusual-punishment due-process excessive-force judicial-review medical-care medical-rule standing statute-of-limitations statutory-limitations My OriginAl ComplAinT As Time- barved STATUTES OF LIMITATIONS . 2. Whether DR. MckeNzie's deli berATe INdiFFereNce To my Serious Medical Needs Violat…
19-7036 Jeremy L. Dale v. Anthony Agresta, et al. Seventh Circuit 2019-12-20 Denied IFP 8th-amendment administrative-law civil-rights constitutional-damages cruel-and-unusual-punishment deliberate-indifference due-process excessive-force federal-tort-claims habeas-corpus medical-care prisoner-rights qualified-immunity Y MR. depriveration of Rigt's ? (SecONd TSSUE $1983, persons liable ndto $ 1983 dAmAgES WAs itUuncnstitio oeni f mdcal d M D tmutoA C A DENiaM2.DAlE…
19-6976 James Clayton Johnson v. Arizona Arizona 2019-12-17 Denied IFP arizona capital-punishment constitutional-challenge cruel-and-unusual-punishment death-penalty due-process evidentiary-hearing factual-findings meaningful-opportunity standing Does a court deprive a capital defendant of his due process right to a meaningful opportunity to be heard when the defendant challenges the constituti…
19-6915 Andrew Lee Thompson, II v. United States Fourth Circuit 2019-12-11 Denied Response WaivedIFP civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment due-process ex-post-facto plea-agreement plea-bargaining sentencing Ulvi is IL feneivj vita IL SMe* lre<J\ if" cuJ jioSC Lre^cLs Jirecilj eJS®!' fL. PU Ar^rieoy <fyvd |>n>c€S^S€A3eo6e, ^■ffcTSTW^e/N U Sb-W j^seJ Qrs c,…
19-6893 Michael Wayne Nelson v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-12-10 Denied IFP 8th-amendment civil-procedure civil-rights constitutional-law cruel-and-unusual-punishment due-process patent prison-conditions retaliation standing takings Question not identified.
19-6844 Fabian Santiago v. Arthur F. Hill, Associate Judge, Circuit Court of Illinois, Cook County Illinois 2019-12-05 Dismissed Response WaivedIFP conflict-of-interest constitutional-rights criminal-conspiracy cruel-and-unusual-punishment due-process equal-protection fair-trial habeas-corpus impartial-adjudication ineffective-assistance-of-counsel judicial-misconduct legal-representation right-to-counsel A.) The Petitioner presents the inquiry into the U.S.Ct, whether the refusal of the legftl rep resentative (sic) of the ftetitioner durirg arraignment…
19-6870 Kenny Brown v. Mental Health Rehabilitation Ninth Circuit 2019-12-05 Denied IFP civil-procedure civil-rights cruel-and-unusual-punishment due-process equal-protection first-amendment free-speech habeas-corpus standing Question not identified.
19-6830 Don Emmery Wilson v. United States Fourth Circuit 2019-12-03 Denied Response WaivedIFP 6th-amendment ambiguous-plea constitutional-rights criminal-matter cruel-and-unusual-punishment cruel-unusual-punishment due-process habeas-corpus hearsay illegal-sentence ineffective-assistance ineffective-assistance-of-counsel obstruction-of-justice plea-bargaining post-conviction-relief profiling sentencing-guidelines Was petitioner subjective to ineffective or deficient assistance of counsel in a criminal matter?1) Was petitioner subjective to cruel and unusual p…
19-697 James Dwight Pavatt v. Tommy Sharp, Interim Warden Tenth Circuit 2019-12-03 Denied Amici (2) aggravating-factor aggravating-factors arbitrary-application capital-punishment capital-punishment-sentencing capital-sentence cruel-and-unusual-punishment death-penalty eighth-amendment fourteenth-amendment habeas-corpus procedural-bar procedural-ruling A divided panel of the Tenth Circuit, sitting en banc, vacated a panel opinion that reversed a capital sentence on the ground that the sentence rested…
19-6777 Iris Lamar Anderson v. Florida Florida 2019-11-27 Denied Response WaivedIFP 1st-amendment 8th-amendment appellate-review civil-rights constitutional-interpretation cruel-and-unusual-punishment due-process equal-protection habeas-corpus post-conviction-relief prisoner-rights standing state-court-procedure HAS THE FLORIDA SUPREME COURT IMPLEMENTED PRATICES FOR FLORIDN'S JUDIUAL SYSTEM THAT CONTRADICTS THE U.S. CONSTITUTIONS T LTH AND IT AMENOMENT RGHIS F…
19-6649 Alfred L. Brooks v. Dean Borders, Warden Ninth Circuit 2019-11-15 Denied Response WaivedIFP cruel-and-unusual-punishment cruel-punishment dismissed-allegations double-jeopardy due-process extrajudicial-proceeding extrajudicial-proceedings parole parole-hearing plea-agreement 1) Can state District Attorney 's Office and/or California Board of Parole Hearings utilize Parole Consideration Hearings as extrajudicial proceeding…
19-6637 Gregory Cooper v. Katy Poole, et al. Fourth Circuit 2019-11-14 Denied Response WaivedIFP 5th-amendment 6th-amendment civil-rights constitutional-rights counsel criminal-procedure cruel-and-unusual-punishment due-process effective-counsel judicial-discretion right-to-counsel self-incrimination sixth-amendment subject-matter-jurisdiction takings Can a defendant be stoped from Confronting his accusers and witnesses with o ther testimony when the sth Amendment to the li.s. Const. Provides for Du…
19-6583 Patrick Killen, Jr. v. United States Eleventh Circuit 2019-11-12 Denied Response WaivedIFP constitutional-law criminal-procedure cruel-and-unusual-punishment eighth-amendment eleventh-circuit graham-v-florida gross-disproportionality proportionality sentencing statutory-limits I. What is the proper analysis to determine whether there is a threshold showing of an inference of gross disproportionality on an Eighth Amendment cl…
19-6545 Bradly M. Cunningham v. Washington County, Oregon, et al. Ninth Circuit 2019-11-07 Dismissed IFP 14th-amendment 8th-amendment civil-rights civil-rights-violation cruel-and-unusual-punishment cruel-unusual-punishment due-process habeas-corpus illegal-sentence parole-board section-1983 sentencing torture 1. Am I able to pursue relief under 42 U.S.C.A. § 1983 against the Defendants/Respondents for pre-trial Torture? 2. Am I able to pursue relief under …
19-6518 Eric Burgie v. Arkansas Arkansas 2019-11-06 Denied Response WaivedIFP aggravated-robbery civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process jurisdiction mental-fitness mental-health parole parole-eligibility sentencing sentencing-scheme Mr. Bugie filed a section lugo-ill ca petition to corfense and ane appled Miller to an 18-year old. Mr. Burgse sk this court to anwer whether or not t…
19-6416 Jurijus Kadamovas v. John F. Caraway, Warden, et al. Seventh Circuit 2019-10-28 Denied Response WaivedIFP 8th-amendment administrative-discretion administrative-law bureau-of-prisons civil-rights cruel-and-unusual-punishment due-process medical-care medical-conditions prison-conditions prisoner-rights standing torture-prevention 1) WHETHER THE FEDERAL AGENT ROW (PARTY WHO HAS BEEN DIAGNOSED WITH ASTHMA CAN BE TORTURED IN CUSTODY OF THE BUREAU OF PRISONS BY EXPOSURE TO OLEORESI…
19-6329 Jackie Lee Boyd v. Carol Monroe, et al. Fifth Circuit 2019-10-22 Denied Response WaivedRelisted (2)IFP 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment cruel-treatment deliberate-indifference due-process eighth-amendment incarceration medical-care prison-conditions (1) Is a constitutional right to be free of the wanton infliction of sei pain rendered void upon incarceration? (2) Is the denial of life sustaining …
19-6254 Christopher T. Shanahan v. Idaho Idaho 2019-10-11 Denied Response WaivedIFP 8th-amendment constitutional-law cruel-and-unusual-punishment eighth-amendment equal-protection juvenile-sentencing life-sentence mitigating-factors parole parole-eligibility 1. Does a juvenile life sentence, with parole eligibility after a lengthy term for years, in a state with no guarantee that the mitigating qualities o…
19-6260 Craig Cross v. Florida Florida 2019-10-11 Denied Response WaivedIFP 8th-amendment constitutional-law criminal-sentencing cruel-and-unusual-punishment due-process juvenile-sentencing precedent retroactivity state-supreme-court supreme-court-precedent Did the Florida Supreme Court violate Graham v. Florida, 560 U.S. 48, 130 S. Ct. 2011, 176 L. Ed. 2d 825 (2010), Miller v. Alabama, 567 U.S. 460, 132 …
19-6235 Scott Thomas Erskine v. California California 2019-10-10 Denied IFP aggravating-circumstances capital-sentencing constitutional-amendments cruel-and-unusual-punishment death-penalty due-process equal-protection jury-trial jury-unanimity narrowing-requirement sentencing I. Does California's death penalty statute violate the Fifth, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution by failing to…
19-6191 K. N., et ux. v. Montana Department of Public Health and Human Services Montana 2019-10-07 Denied Response WaivedRelisted (3)IFP 1st-amendment 5th-amendment civil-rights civil-rights-act-of-1964 constitutional-rights cruel-and-unusual-punishment cruel-punishment due-process fifth-amendment freedom-of-religion parental-rights religious-discrimination self-incrimination state-action state-overreach 1. Did the state's demands that the parents admit guilt violate their Constitutional rights under the 5th Amendment? Note: Both the Treatment Plan an…
19-443 Charles G. Kinney v. Philip S. Gutierrez, Judge, United States District Court for the Central District of California Ninth Circuit 2019-10-03 Denied Response Waived access-to-courts bivens bivens-claim cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment excessive-fines obstruction-of-justice vexatious-litigant A Bivens case allows a private individual to seek damages from an individual federal officer for unconstitutional conduct (e.g. 8th Amendment). Ziglar…
19-6130 George W. Fisher v. John Gregory Mermelstein, et al Eighth Circuit 2019-10-03 Denied IFP 1st-amendment civil-rights cruel-and-unusual-punishment disability due-process eighth-amendment equal-protection free-speech media-access medical-treatment prison prisoner-rights state-liability Question not identified.
19-6121 In Re Matthew Lee Staszak 2019-10-02 Denied Response WaivedRelisted (2)IFP constitutional-violations cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mandamus prosecutorial-misconduct SHOULD THIS SUPREME COURT ISSUE THE WRIT OF MANDAMUS TO THE LOWER U.S. DISTRICT COURT IN ORDER TO COMPEL THE DISTRICT COURT TO EXERCISE ITS ARTICLE II…
19-6092 Jonothan E. Prather v. Robert Gilmore, Superintendent, State Correctional Institution at Greene, et al. Third Circuit 2019-10-01 Denied IFP 14th-amendment 8th-amendment constitutional-rights cruel-and-unusual-punishment eighth-amendment equal-protection fourteenth-amendment juvenile-sentencing miller-v-alabama montgomery-v-louisiana petition-timeliness retroactivity timeliness I - The lower courts and the respondents claim that the Petitioner's petition is untimely and should be dismissed as such. II - The lower courts and …
19-6093 In Re Barbara Stone, et al. 2019-09-30 Denied IFP civil-rights constitutional-rights cruel-and-unusual-punishment due-process elder-abuse equal-protection habeas-corpus retaliation state-detention unlawful-detention vulnerable-adults I. The facts herein irrefutably demonstrate: A. Willful violation of protected rights under the Constitution to life, liberty, property, and the pursu…
19-5988 Tyrone Chalmers v. Tennessee Tennessee 2019-09-18 Denied IFP atkins-claim atkins-v-virginia civil-rights constitutional-prohibition cruel-and-unusual-punishment death-penalty due-process intellectual-disability iq-score moore-v-texas procedural-vehicle roper-v-simmons Where a petitioner establishes uncontested proof that despite effort he repeated the first grade and was enrolled in special education in the second g…
19-5996 Michael J. W. Potter v. United States Sixth Circuit 2019-09-18 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-sentencing cruel-and-unusual-punishment due-process eighth-amendment life-imprisonment mandatory-minimum mandatory-sentencing sentencing Whether entry of a mandatory sentence of life imprisonment violated Appellant's rights under the Eighth Amendment to the United States Constitution.
19-5916 Juan Matias Torres v. Ralph M. Diaz, Warden Ninth Circuit 2019-09-11 Denied IFP civil-rights cruel-and-unusual-punishment death-penalty due-process free-speech habeas-corpus intellectual-disability patent standing takings 1. IS PETITIONER ENTITLED TO A CERTIFICATE OF APPEALABILITY ON ALL HIS AMENDED CLAIMS AND ORIGINAL CLAIMS? a. Did The Court Violate Defendant's 5th, …
19-5878 Darries Leon Jackson v. United States Sixth Circuit 2019-09-10 Denied Response WaivedIFP constitutional-reasonableness criminal-justice criminal-procedure cruel-and-unusual-punishment due-process equal-protection grand-jury ineffective-assistance-of-counsel racial-bias racial-discrimination sentencing sentencing-guidelines 1. Whether sentences imposed upon Petitioner Constitutionally Unreasonable & greater than necessary to satisfy the ends of Justice? 2. Whether Petiti…
19-5898 Danny Howell v. Duane Southerland, et al. Tennessee 2019-09-10 Denied Response WaivedRelisted (2)IFP 14th-amendment civil-rights cruel-and-unusual-punishment due-process equal-protection habeas-corpus prison-conditions racial-discrimination standing Question not identified.
19-5877 Damion D. Faulkner v. United States Sixth Circuit 2019-09-09 Denied Response WaivedIFP criminal-sentencing cruel-and-unusual-punishment due-process eighth-amendment judicial-discretion proportionality proportionality-review sentencing sentencing-disparities sentencing-guidelines sentencing-reasonableness sex-offense sex-offenses substantive-due-process Is it substantively unreasonable to impose an effective sentence of life on a 30-year-old defendant who committed a "reprehensible" sex offense that c…
19-5839 Randall Wayne Mays v. Texas Texas 2019-09-05 Denied IFP competency cruel-and-unusual-punishment death-penalty delusions due-process eighth-amendment ford-hearing junk-science lay-stereotypes mental-competency mental-illness panetti-v-quarterman 1. May a state court rely on junk science and lay stereotypes of the severely mentally ill to adjudicate a Ford claim ? 2. If an inmate acknowledges …
19-298 Fernando Juarez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-09-04 Denied criminal-procedure cruel-and-unusual-punishment de-facto-life-without-parole eighth-amendment ex-post-facto ex-post-facto-clause fourteenth-amendment habeas-corpus juvenile-sentencing miller-v-alabama sentencing-hearing sentencing-law In the context of 28 U.S.C. § 2254(d), which allows a n application for a writ of habeas corpus on behalf of a person in custody under a state -court …
19-5800 Darren Denson v. Illinois Illinois 2019-09-04 Denied IFP access-to-courts appellate-review civil-rights constitutional-claims cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance-of-counsel judicial-misconduct judicial-procedure post-conviction-relief prosecutorial-misconduct witness-testimony Miscondvet when they deried Denson of his dve process rights by witthholding evidence before the econd trial that justifies post-conviction velief In …
19-5762 Stevrick Tavah Jackson v. Florida Florida 2019-08-30 Denied IFP constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment habeas-corpus life-sentence parole sentencing twenty-one Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court when they d…
19-264 Brandon Kelly, Superintendent, Oregon State Penitentiary v. Lydell Marcus White Oregon 2019-08-29 Dismissed Response RequestedRelisted (4) 8th-amendment constitutional-law criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing mandatory-sentences miller-v-alabama non-mandatory-sentence non-mandatory-sentences Respondent received a 67-year non-mandatory sentence 25 years ago, when he was 15 years old, for the murder of an elderly couple. Does the Eighth Ame…
19-5739 Duane Pope v. Scott R. Frakes, Director, Nebraska Department of Correctional Services Nebraska 2019-08-29 Denied Response WaivedIFP 14th-amendment 8th-amendment cruel-and-unusual-punishment double-jeopardy due-process ex-post-facto privileges-and-immunities separate-sovereigns separate-sovereigns-doctrine The U.S. Supreme Court's recent affirmation of the "separate sovereigns" , 139 S.Ct. 1960 (2019), raises U.S. doctrine in Gamble v. U.S. , a number of…
19-5750 Felix A. Okafor v. United States Fourth Circuit 2019-08-29 Denied Response WaivedIFP 18-usc-924(c)(1)(A) criminal-law cruel-and-unusual-punishment firearms-offense first-step-act sentencing statutory-interpretation WHETHER PETITIONER'S 3167 MONTH SENTENCE IMPOSED AS A RESULT OF THIS COURT'S MISINTERPRETATION OF THE STACKING PROVISIONS OF 18 U.S.C. 924(c)(1)(A)(i)…
19-5752 Jimmie Kyle Anderson v. Texas Texas 2019-08-29 Denied IFP 8th-amendment apprendi-rule cruel-and-unusual-punishment disproportionate-sentences eighth-amendment public-safety sentencing sex-offender-law sex-offenders 1. Does the public safety interest in incapacitating and deter ring certain types of sex offenders with extremely long sentences run afoul of the 8t…
19-247 City of Boise, Idaho v. Robert Martin, et al. Ninth Circuit 2019-08-26 Denied Amici (20)Relisted (2) 8th-amendment civil-rights constitutional-law cruel-and-unusual-punishment eighth-amendment homeless-rights homelessness local-government-powers local-government-regulation public-camping public-health-and-safety Like many cities and towns across the country, the City of Boise, Idaho regulates camping and sleeping in public spaces to ensure that these areas rem…
19-250 Oklahoma v. Jesse Allen Johnson Oklahoma 2019-08-26 GVR Response RequestedResponse WaivedRelisted (5) constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment jury-factfinding jury-trial juvenile-sentencing life-without-parole miller-v-alabama montgomery-v-louisiana sixth-amendment Does the Sixth Amendment require that the individualized sentencing proceeding necessary to impose a life-without-parole sentence upon a juvenile homi…
19-5672 Gary Ray Bowles v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-08-22 Denied IFP 28-usc-2244 capital-punishment cruel-and-unusual-punishment death-penalty due-process eighth-amendment habeas-corpus intellectual-disability procedural-obstacles Gary Ray Bowles is an intellectually disabled man on Florida's death row. Despite this Court's holding in Atkins v. Virginia, 536 U.S. 304, 321 (2002)…
19-5622 Cairo Lopez, Jr. v. United States Fifth Circuit 2019-08-16 Denied Response WaivedIFP 8th-amendment booker cruel-and-unusual-punishment due-process executive-power mandatory-minimum mandatory-minimum-sentences sentencing separation-of-powers standing 1. This Court should consider whether combining in the Executive Branch the power to charge and the power to control sentences in statutory mandatory …
19-5587 In Re Levar Lee Spence 2019-08-15 Denied Relisted (2)IFP constitutional-violations cruel-and-unusual-punishment cruel-unusual-punishment due-process equal-protection false-imprisonment federal-courts federal-habeas-statute habeas-corpus judicial-review jurisdiction liberty-rights 1.) Whether the courts can refuse and/or feign review of habeas corpus claims asserting constitutional violations, would warrant habeas corpus relief?…
19-195 Robert Ryan Snyder v. California California 2019-08-14 Denied 8th-amendment civil-rights cruel-and-unusual-punishment deprivation-of-necessities due-process eighth-amendment fourteenth-amendment judicial-deference lockdown lockdown-procedures prison-conditions retaliation 1. Has California 's justice system forgotten what was taught by this Court 's holding in Wilson v. Seiter [501 U.S. 294 (1991)]. (Regarding 8th Ame…
19-5558 Frank Stephon Johnson v. Correct Care Solutions, et al. Fourth Circuit 2019-08-12 Denied Response WaivedIFP 14th-amendment 8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment medical-care medical-conditions punishment was the defendonts conduct de\ therately ,Pucposely Knowing nd cbjecluely yu intera' in Respect to Vv ialating Johnson rcHottonal Vio S Fourteen 1 Ame…
19-5508 Carlin U. Powell v. Medical Department Cuyahoga County Correctional Center, et al. Sixth Circuit 2019-08-08 Denied Response WaivedIFP 14th-amendment 8th-amendment ableism ambleism cruel-and-unusual-punishment cruel-unusual-punishment deliberate-indifference eighth-amendment fourteenth-amendment interstate-agreement-on-detainers medical-neglect (I) Did the Medical Department of Cuyahoga County Correctional Center et al., violate Plaintiff-Appellant Carlin U. Powell 's VIII, XIV Amendments to …
19-5511 Robert Hill v. Dave Jassen, et al. Ninth Circuit 2019-08-08 Denied Response WaivedIFP access-to-courts appeals civil-procedure civil-rights constitutional-challenge cruel-and-unusual-punishment due-process federal-jurisdiction habeas-corpus incarceration judicial-review standing statutory-interpretation Are inccrcerated plaintiffs m civil coses in corcercted fro se U.S. Distriet Cout cnfairl trected, cadlar in prejedd agoinst, becaule they ore not giv…
19-5519 Rubin R. Weeks v. Jason Lewis, Warden Eighth Circuit 2019-08-08 Dismissed Response WaivedRelisted (2)IFP civil-rights cruel-and-unusual-punishment due-process fundamental-rights habeas-corpus jurisdictional-defect liberty-interest parole-revocation state-court-review state-jurisdiction void-judgment (1).Does Petitioner have the Fundamental Rights to be free from the Missouri State Court's void judgment that has him restrained of liberty ? (2). Do…
19-5528 Robert Anthony Chester v. West Virginia West Virginia 2019-08-08 Denied Response WaivedIFP co-defendant co-defendants constitutional-proportionality criminal-sentencing cruel-and-unusual-punishment disparate-sentencing disproportionate-sentencing eighth-amendment equal-protection first-degree-robbery sentencing sentencing-disparity Was Petitioner's One Hundred Eighty Year Sentence For His Conviction Of Two Counts Of First Degree Robbery Disparate To The Twenty Year Sentence Impos…
19-5485 Justin James Thrasher v. Arizona Arizona 2019-08-06 Denied IFP arizona-supreme-court brown-v-plata brown-vs-board civil-procedure civil-rights constitutional-interpretation cruel-and-unusual-punishment due-process judicial-oversight prison-reform prisoner-rights standing supreme-court-precedent The Decision Of The Arizona Supreme Court Violates Brown -v- Plata 131 S. Ct. 1910(2011)
19-5435 Steven Eason v. Mississippi Mississippi 2019-08-02 Denied Response WaivedIFP actual-innocence constitutional-rights criminal-procedure cruel-and-unusual-punishment double-jeopardy double-jeopardy-clause due-process jurisdiction sexual-battery subject-matter-jurisdiction (LT) MISS isscppi, Colorado And Tuiinious All opanva thad ia Aa indeed men charg ing SEXsn| Battery , the Me Hod! of Achieving Serun] Penetratan is ir…
19-5302 Bryant Keith Williams v. Mark S. Inch, Secretary, Florida Department of Corrections Florida 2019-07-26 Denied Relisted (2)IFP 14th-amendment 5th-amendment 8th-amendment appellate-review civil-procedure civil-rights constitutional-violations criminal-procedure cruel-and-unusual-punishment damages due-process free-speech habeas-corpus prosecutorial-misconduct standing IGNORE A MANIFEST FLORIDA OF CAN THE STATE COURT DENIAL Conshitution Amendment 6, U.S.C. CON STITUTION ERROR, under plain errot Jopy Compounded Right …
19-5244 Larry David Davis v. Brian Daniel, et al. Eighth Circuit 2019-07-19 Denied IFP civil-rights confession-admissibility constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment equal-protection evidence-tampering habeas-corpus sentencing standing trial-fairness Does the Prosecutor assessment of Probable cause Standing alone meet the requirements of the Fourth Amendment and is it enough to Justify Pending tria…
19-91 Michele Buckner, Warden v. Robert W. Allen Missouri 2019-07-18 Denied consecutive-sentences criminal-procedure cruel-and-unusual-punishment eighth-amendment habeas-corpus habeas-relief juvenile-offender juvenile-sentencing life-without-parole parole-eligibility Under the Eighth Amendment, may a State sentence a juvenile offender convicted of multiple crimes to multiple consecutive terms of years in prison und…
19-5112 Rafael Jacob Stoffel v. Florida Florida 2019-07-09 Denied Response WaivedIFP constitutional-law cruel-and-unusual-punishment eighth-amendment juvenile-victim mandatory-minimum mandatory-minimum-sentence sentencing sentencing-guidelines sexual-assault sexual-offense sexual-offenses Whether a minimum mandatory sentence of twenty-five years' imprisonment imposed for the offense of touching a minor's breast violates the prohibition …
19-5060 Derrick Washington v. Carol A. Mici, Commissioner, Massachusetts Department of Correction First Circuit 2019-07-03 Denied Response WaivedIFP 14th-amendment 8th-amendment anti-terrorism anti-terrorism-act anti-terrorism-effective-death-penalty-act constitutional-review cruel-and-unusual-punishment death-penalty due-process habeas-corpus incarceration life-without-parole sentencing 1: Is Congress' 1996 Anti-Terrorism Effective Death Penalty Act (AEDPA) unconstitutional, as it unnecessarily snuffs out convicted persons abilities t…
19-5030 Michael D. Mathew v. Ohio Ohio 2019-07-01 Denied IFP civil-rights constitutional-rights criminal-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment proportionality sentencing Whether the twenty-one year sentence imposed by the state trial court violated the Eighth Amendment ban on cruel and unusual punishments?
18-1585 Kassim M. Nagi v. Louisiana Louisiana 2019-06-27 GVR Response RequestedResponse WaivedRelisted (3) 8th-amendment controlled-substances cruel-and-unusual-punishment cruel-unusual-punishment eighth-amendment first-time-offender lockyer-v-andrade money-laundering proportionality proportionality-test racketeering sentencing solem-v-helm 1. A sentence, even within range, is excessive when it imposes punishment grossly disproportionate to the severity of the evidence, or constitutes not…
18-1586 Scott Lynn Gibson, aka Vanessa Lynn v. Brian Collier, et al. Fifth Circuit 2019-06-27 Denied Response RequestedResponse WaivedRelisted (2) civil-rights cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment individualized-medical-evaluation life-threatening-medical-need life-threatening-need medical-treatment new-treatment prison-healthcare prisoner-rights transgender-rights universal-medical-acceptance 1. Whether an Eighth Amendment claim for deliberate indifference to a prisoner's lifethreatening medical need can be disposed of without any individua…
18-1572 Matthew D. Priset v. Pennsylvania Third Circuit 2019-06-25 Denied Response RequestedResponse WaivedRelisted (2) 8th-amendment constitutional-law criminal-sentencing cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment life-sentence mandatory-minimum mandatory-minimum-sentence mental-illness sentencing Does a mandatory minimum Life Sentence for one who is convicted under The Guilty-But-Mentally-Ill designation constitute cruel and unusual punishment?
18-9761 John Givens v. Illinois Illinois 2019-06-24 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights criminal-liability cruel-and-unusual-punishment due-process felony-murder irrebuttable-presumption mental-state proximate-cause third-party-liability Whether Illinois' proximate cause theory of liability for felony murder, which allows a criminal defendant to be convicted of felony murder when the d…
18-9757 Shanta G. Phillips-Berry v. Patricia Blackwell Scurlock, et al. Fifth Circuit 2019-06-21 Denied Response WaivedIFP civil-rights cruel-and-unusual-punishment due-process fraud kidnapping technology-abuse civil-procedure civil-rights constitutional-violation criminal-conspiracy cruel-and-unusual-punishment due-process human-rights implant-technology justice-system kidnapping standing Question not identified.
18-9649 Boaz Pleasant-Bey v. Tennessee Department of Corrections, et al. Sixth Circuit 2019-06-13 Denied Response WaivedIFP civil-rights cruel-and-unusual-punishment due-process free-exercise halal-diet prison religious-freedom rluipa substantial-burden Whether RLUIPA prohibits the Defendants from placing a substantial burden upon Petitioner's religious exercise by feeding non-traditional inedible foo…
18-9654 Carl Javan Ross v. United States Fourth Circuit 2019-06-13 Denied Response WaivedIFP 5th-amendment 6th-amendment civil-rights criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process public-trial public-trial-rights self-incrimination speedy-trial Question not identified.
18-9634 Destyn David Frederick v. Bryan Collier, Executive Director, Texas Department of Criminal Justice, et al. Fifth Circuit 2019-06-12 Denied IFP appeal certificate-of-appealability constitutional-rights conviction criminal-conviction criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance-of-counsel pro-se-challenge right-to-counsel sentencing ISSUE NO ONE AND TWO whether the United States District court and the Fifth Circuit court of appeals have denied Petitioner his rights to challenge th…
18-9644 Jeffrey Castleberry v. Florida Florida 2019-06-12 Denied Response WaivedIFP ada americans-with-disabilities-act civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process judicial-discretion mental-disabilities mental-disability reasonable-accommodations retroactive-application sentencing state-courts 1) Does the Americans with Disabities Act (ADA) require State Trial Courts to make reasonable accommodations for persons with mental disabilities? 2)…
18-9568 Roderick Mullins v. Florida Florida 2019-06-07 Denied Response WaivedIFP 14th-amendment civil-rights criminal-sentencing cruel-and-unusual-punishment due-process imprisonment indefinite-imprisonment life-imprisonment life-sentence sentencing sentencing-scheme state-constitution Does the Florida "Life Means Life" sentence scheme violate the State Constitution's ban on indefinite imprisonment and the 14th Amendment Due Process …
18-9576 Alvin Weekly v. United States Eighth Circuit 2019-06-06 Denied Response WaivedIFP actual-innocence blockburger-v-united-states cruel-and-unusual-punishment double-jeopardy eighth-amendment extraordinary-circumstances rule-60(b) rule-60b sentencing-review 1. Does the Court of Appeals commit clear error when declining to hear a defendant's claim of serving an unlawful sentence in violation of the Constit…
18-9549 Mauricio Lucas-Lopez v. Tony Trierweiler, Warden Sixth Circuit 2019-06-04 Denied Response WaivedIFP constitutional-law cruel-and-unusual-punishment disproportionate-sentence eighth-amendment federal-court-decisions federal-courts guidance-needed mandatory-minimum mandatory-minimum-sentence proportionality sentencing sentencing-guidelines A. IS PETITIONER'S TWENTY-FIVE YEAR MANDATORY MINIMUM SENTENCE DISPROPORTIONATE TO THE OFFENSE COMMITTED VIOLATING THE EIGHTH AMENDMENT OF THE UNITED …
18-9492 Valentin Spataru v. Rick Ramsay Florida 2019-05-31 Denied IFP 8th-amendment battery civil-liberties civil-rights constitutional-rights cruel-and-unusual-punishment detention due-process eighth-amendment intentional-infliction-of-emotional-distress law-enforcement-detention Whether 30' transportation to jail in a law-enforcement hyperthermic, "cooking" car is cruel and unusual punishment which the U.S. Const. Amend. VIII …
18-1500 Jonsha Bell v. Mississippi Mississippi 2019-05-31 Denied Response RequestedResponse WaivedRelisted (2) cruel-and-unusual-punishment eighth-amendment graham-v-florida juvenile-offender juvenile-sentencing life-expectancy nonhomicide-offense sentencing sentencing-proportionality Does the Eighth Amendment forbid an aggregate sentence that exceeds the life expectancy of a juvenile nonhomicide offender?
18-9440 Earl Lee Dixie v. Kenneth Harrington, Warden Ninth Circuit 2019-05-29 Denied Response WaivedIFP cruel-and-unusual-punishment eighth-amendment ineffective-assistance ineffective-assistance-of-counsel intoxication-defense mental-health-defense mental-health-evidence specific-intent strickland-standard strickland-v-washington Dixie was convicted of evading pursuing police officers based on an incident where he fled from police during a high speed vehicle chase. At trial, Di…
18-9396 Bobby Joe Long v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-05-23 Denied IFP 8th-amendment civil-rights cruel-and-unusual-punishment cruel-unusual-punishment death-penalty due-process eighth-amendment lethal-injection res-judicata section-1983 stay WHETHER THE ELEVENTH CIRCUIT COURT OF APPEALS ERRED IN HOLDING THAT MR. LONG WAS NOT ENTITLED TO A STAY BECAUSE OF INEXCUSABLE DELAY IN BRINGING HIS L…
18-9361 Jordan Alexander Clemons v. Pennsylvania Pennsylvania 2019-05-21 Denied IFP affidavit appellate-procedure civil-rights court-access criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment eighth-amendment-proportionality in-forma-pauperis indigence indigent-status juvenile-offenders juvenile-sentencing legal-representation life-imprisonment pro-bono Question not identified.
18-9356 Robert Joe Long v. Mark S. Inch, Secretary, Florida Department of Corrections Florida 2019-05-20 Denied IFP constitutional-rights cruel-and-unusual-punishment death-penalty double-jeopardy due-process eighth-amendment eighth-amendment-jurisprudence evolving-standards-of-decency mental-illness 1. Whether an individual who suffers from severe mental illness is exempt from execution under the Eighth Amendment and the evolving standards of dece…
18-9267 John Loveman Reese v. Florida Florida 2019-05-14 Denied IFP capital-sentencing cruel-and-unusual-punishment due-process eighth-amendment equal-protection jury-trial retroactivity In Hurst v. Florida this Court struck down Florida's longstanding capital sentencing procedures because they authorized a judge, rather than a jury, t…
18-9274 William Lee Thompson v. Florida Florida 2019-05-14 Denied IFP capital-punishment capital-sentencing cruel-and-unusual-punishment due-process eighth-amendment equal-protection retroactivity sentencing-procedure teague-v-lane In Hurst v. Florida this Court struck down Florida's longstanding capital sentencing procedures because they authorized a judge, rather than a jury, t…
18-9238 Reshaud Todd Brown v. Washington Washington 2019-05-10 Denied IFP cruel-and-unusual-punishment eighth-amendment habitual-offender habitual-offender-statute life-without-parole mandatory-sentencing proportionality-review sentencing sentencing-court youthful-adult youthful-offender Whether imposition of a mandatory sentence of life without parole under a habitual offender statute violates the Eighth Amendment prohibition against …
18-9156 Joseph Vincent Sisneros v. Eric Arnold, Warden Ninth Circuit 2019-05-08 Denied IFP civil-rights criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus jury-instructions sentencing state-court-review Question not identified.
18-9186 Briand Williams v. California California 2019-05-08 Dismissed IFP ada ada-discrimination cruel-and-unusual-punishment discrimination due-process equal-protection fourteenth-amendment parole parole-consideration proposition-57 retroactive-credits sentencing time-credits Did the California Department of Corrections and Rehabilitation (CDCR) policies and procedures violate the Petitioner's U.S.C.A. 14' Amendment and the…
18-9144 Delbert Heard v. John R. Baldwin, Director, Illinois Department of Corrections, et al. Seventh Circuit 2019-05-06 Denied IFP 8th-amendment civil-rights constitutional-protection cruel-and-unusual-punishment due-process eighth-amendment excessive-force failure-to-protect inmate-safety prisoner-rights standing substantial-risk Question not identified.
18-9052 Neil Grenning v. James Key, Superintendent, Airway Heights Corrections Center, et al. Ninth Circuit 2019-05-01 Denied Response WaivedIFP civil-rights cruel-and-unusual-punishment due-process eighth-amendment institutional-lighting prison-conditions prisoner-rights sleep-deprivation writ-of-certiorari Should this Court grant writ of certiorari where lower courts have no guidance on what level of 24—hour lighting is appropriate in prisons so as not t…
18-8990 Raszell Reeder v. E. Wheldon, et al. Second Circuit 2019-04-25 Denied Response WaivedIFP civil-rights compensatory-damages constitutional-claims cruel-and-unusual-punishment due-process medical-care medical-neglect medical-records medical-treatment mental-health prisoner-healthcare I have genital herpes. I experience painful ulcers that appears in the open end of sores that are extremely painful. Also, herpetic lesions, systemic …
18-8983 Patrick Edwards v. United States Seventh Circuit 2019-04-24 Denied Response WaivedIFP criminal-law criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process eighth-amendment fifth-amendment retroactivity sentencing statutory-interpretation Question not identified.
18-1298 Mario Dion Woodward v. Alabama Alabama 2019-04-15 Denied arbitrary-and-discriminatory cruel-and-unusual-punishment death-penalty eighth-amendment fourteenth-amendment judicial-override jury-sentencing repealed-statute sentencing sixth-amendment Pursuant to Ala. C. § 13-A-5-47(e)(1975), Alabama previously allowed trial judges to override a jury's vote for a life sentence and, based on new evid…
18-8704 Brandon Keith Alexander v. Texas Texas 2019-04-04 Denied IFP 8th-amendment constitutional-rights cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing non-homicide-offense non-homicide-offenses parole parole-eligibility sentencing Whether sentencing a juvenile non-homicide offender to 60 years without the possibility of parole violates the 8th Amendment prohibition against cruet…
18-1267 Angela Rene Leeman v. Arizona Arizona 2019-04-03 Denied Response RequestedResponse WaivedRelisted (2) civil-rights cruel-and-unusual-punishment eighth-amendment graham-v-florida juvenile-sentencing miller-v-alabama non-homicide-offenses parole-eligibility parole-restriction proportionality proportionality-review 1. Whether Graham v. Florida, 560 U.S. 48 (2010), applies with the equal force to consecutive sentences for non-homicide offenses that work in the agg…
18-8670 Demetrius Terrence Frazier v. Alabama Alabama 2019-04-02 Denied IFP capital-punishment capital-sentencing constitutional-interpretation cruel-and-unusual-punishment death-penalty death-penalty-sentencing due-process equal-protection judicial-fact-finding jury-fact-finding jury-sentencing jury-trial retroactive-rule retroactivity sixth-amendment 1. Does Alabama's insistence that a judge, not a jury, can weigh the mitigating and aggravating factors and sentence a person to death directly confli…
18-1259 Brett Jones v. Mississippi Mississippi 2019-03-29 Judgment Issued Amici (14)Response RequestedResponse WaivedRelisted (4) criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-sentencing life-without-parole permanent-incorrigibility sentencing-authority Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sentenc…
18-8611 Elicia Bailey v. Jeremy Gasaway Texas 2019-03-28 Denied IFP constitutional-challenge constitutional-law criminal-act criminal-procedure cruel-and-unusual-punishment due-process family-court family-law harsh-penalties subject-matter-jurisdiction 1. Do family courts hold subject-matter jurisdiction to find guilt of a criminal act and subsequently impose harsh penalties without due process in a …
18-1249 Christopher Lee Price v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections, et al. Eleventh Circuit 2019-03-27 Denied compounding-pharmacy cruel-and-unusual-punishment eighth-amendment execution-protocol lethal-injection midazolam pentobarbital (1) Has an Alabama death row inmate shown that pentobarbital is "available" to the ADOC where he proves that pentobarbital is easily made by any compo…
18-8546 Gerald Delane Murray v. Florida Florida 2019-03-26 Denied IFP actual-innocence batson-v-kentucky batson-violation brady-violation civil-rights conflict-counsel constitutional-violations cruel-and-unusual-punishment due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel jailhouse-informant post-conviction post-conviction-relief THE COURT SHOULD GRANT THE WRIT TO CORRECT AN INJUSTICE IN STATE COURT WHERE POST-CONVICTION COUNSEL UNDERMINED CLAIMS, ABUSED THE PROCESS, WASTED JUD…
18-8550 Ernest M. Flowers v. Laura Uriarte, et al. Florida 2019-03-25 Denied IFP 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment due-process habeas-corpus judicial-interpretation prosecutorial-misconduct sentencing trial-procedure WHETHER PETITIONER IS BEING UNLAWFULLY RETAINED IN THE FLORIDA DEPARTMENT OF CORRECTIONS CONTRARY TO FLORIDA SUPREME COURT PRECEDENT AND HAS THEREFORE…
18-8441 Gaetan Dinelle, aka Gates v. United States Second Circuit 2019-03-18 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-justice cruel-and-unusual-punishment disproportionate-sentence eighth-amendment first-time-offender marijuana-trafficking non-violent-offender non-violent-offense proportionality sentencing Whether a life-sentence for a non-violent, first-time offender, who trafficked in marijuana, is unreasonable, disproportionate, and amounts to cruel a…
18-8424 Keith Jenkins v. Darrel Vannoy, Warden Fifth Circuit 2019-03-13 Denied Response WaivedIFP constitutional-rights cruel-and-unusual-punishment cruel-unusual-punishment due-process excessive-punishment ineffective-assistance ineffective-assistance-of-counsel multiple-offender sentencing sentencing-guidelines Is The Trial Court In Error By Denying The Motion To Quash Based On Errors In The Multiple Offender Charng, Pleading And Proof? Did The Multiple Bill …
18-8343 Jose Luis Mattes Baez Carmona Lopez Cordero v. Connecticut Department of Correction, et al. Second Circuit 2019-03-08 Denied Response WaivedIFP constitution constitutional-law cruel-and-unusual-punishment due-process eighth-amendment equal-protection native-american-rights native-rights treaty-rights Did the lower court breach any treaties between the native Taino Indian tribe and the Government of the United States of America, pursuant to Article …
18-8295 Raymond Lumsden v. Texas Texas 2019-03-06 Denied IFP ake ake-v-oklahoma constitutional-rights cruel-and-unusual-punishment cumulative-error-doctrine dna-expert due-process effective-assistance-of-counsel eighth-amendment ineffective-assistance-of-counsel sixth-amendment strickland-v-washington Did the Court of Appeals commit err by affirming the trialcourt's erroneous denial of additional funds for the defenses DNA Expert to testify at trial…
18-8298 Jermaine Brazill v. Illinois Illinois 2019-03-06 Denied Response WaivedIFP age-of-offender cruel-and-unusual-punishment due-process due-process-rights eighth-amendment independent-inquiry juvenile-sentencing life-without-parole mental-health rehabilitation rehabilitative-potential young-age Was it a violation of due process for the trial judge to rely purely on an opinion conducting any independent inquiry into the Petitioner's fitness. …
18-8310 Azhar Lal v. B. G. Flores, et al. Ninth Circuit 2019-03-06 Denied Response WaivedIFP 8th-amendment civil-rights cruel-and-unusual-punishment damages deliberate-indifference due-process medical-treatment prisoner-rights standing IF PETITiONER WAS AN INSULIN DEPENDANT DIABETIC AND THE PRISON DOCTOR HAD ORDERED PETITIONERS EVENING DIABETES TREATMENT AS: THAT HE MONITOR HIS BLOOD…
18-8253 Jamie Kenmont Kerien Brown v. Georgia Georgia 2019-03-04 Denied Response WaivedIFP civil-rights criminal-procedure cruel-and-unusual-punishment death-penalty due-process eighth-amendment equal-protection habeas-corpus intellectual-disability mental-health post-conviction-relief If hs er Ptn Ce oh Con po c indvda ~ W. h qua Ces o he .S. C ee a te ve e be inam? V. I ohe adilt murderer?
18-8196 Larry R. Tart v. Erik A. Hooks, Secretary, North Carolina Department of Public Safety Fourth Circuit 2019-02-28 Denied IFP cruel-and-unusual-punishment due-process eighth-amendment equal-protection forensic-evaluation ineffective-assistance-of-counsel medication medication-consent mental-health pretrial-detention solitary-confinement Where in pre trial confinement Petitioner was unknowingly admnistered3 three different mental health psychologica "twenty nine medication's and not hi…
18-7916 Jimmy Lee Wren v. Mississippi Mississippi 2019-02-12 Denied Response WaivedRelisted (2)IFP cruel-and-unusual-punishment due-process eighth-amendment equal-protection post-conviction-relief rule-11 rule-11-sanctions sanctions sentencing sentencing-hearing Whether a state court has the right to bar a litigant of having access to the courts? Whether due process violations toll the state's statute of limi…
18-7789 Ashley Richards v. Texas Texas 2019-02-07 Denied Response WaivedIFP criminal-sentencing cruel-and-unusual-punishment due-process eighth-amendment habeas-corpus retroactivity sentencing-enhancement state-jail-felony statutory-enhancement statutory-interpretation texas-court-of-criminal-appeals When a statutory punishment enhancement is found inapplicable to a class of offenses, thereby decreasing the punishment range from 2-10 years to 180 d…
18-7620 Emmanuel Adeyinka v. Harris County Jail, et al. Fifth Circuit 2019-01-31 Denied IFP civil-procedure civil-rights competency criminal-conviction cruel-and-unusual-punishment death-penalty due-process eighth-amendment eleventh-amendment immunity mental-illness monetary-damages personal-involvement rational-understanding section-1983 standing Question not identified.
18-7624 Mario Griffin v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2019-01-29 Denied IFP abuse-of-discretion apprendi-v-new-jersey apprendi-violation cruel-and-unusual-punishment due-process federal-law illegal-sentence ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-integrity manifest-injustice miscarriage-of-justice sentence-enhancement sentencing Does the sentence imposed constitute an illegal sentence under federal law and represent a manifest injustice calling in question the integrity of …
18-7569 Paul William Scott v. Julie L. Jones, Secretary, Florida Department of Corrections Florida 2019-01-25 Denied IFP codefendant-comparison constitutional-proportionality cruel-and-unusual-punishment death-penalty due-process eighth-amendment equal-protection sentencing-disparity Whether Florida's refusal to consider the disparity between the 15-year prison term of his equal or more culpable codefendant and Scott's death senten…
18-7547 Michael Joseph Mulder v. Nevada Nevada 2019-01-24 Denied IFP competency cruel-and-unusual-punishment death-penalty dementia eighth-amendment intellectual-disability memory-loss Whether the Eighth Amendment categorically excludes from the death penalty an individual who, because of a stroke that caused dementia, is functionall…
18-7533 Shawn Canada v. Eddie Miles, Warden Eighth Circuit 2019-01-23 Denied IFP civil-rights confrontation-clause cruel-and-unusual-punishment double-jeopardy due-process habeas-corpus ineffective-assistance plea-bargaining sentencing 1. DID CANADA RECEIVE EFFECTIVE ASISTANCE OF COUNSEL 2. WAS THERE AN ABUSE OF DISCRETION TO BRINGING OF CANADA MENKAL HEALHL INJUSTICE DUNNG SENTENUN…
18-7467 Phillip E. LaPointe v. Illinois Illinois 2019-01-17 Denied Response WaivedIFP 8th-amendment atkins-precedent atkins-v-virginia brain-development criminal-punishment cruel-and-unusual-punishment eighth-amendment juvenile-justice juvenile-sentencing life-without-parole sentencing Does this Court's 8th Amendment protections extend to a just turned eighteen year old who received life without parole, where the evidence shows he wa…
18-7391 Gadiel Romero v. United States First Circuit 2019-01-14 Denied Response WaivedIFP 8th-amendment cruel-and-unusual-punishment eighth-amendment kidnapping kidnapping-offense offense-level ransom-demand sentencing-enhancement sentencing-guidelines I. Is it proper for a sentencing court to apply the substantial 6-level increase to a defendant's offense level contemplated in Section 2A4.1(b)(1) of…
18-7382 Jervon L. Herbin v. Virginia Virginia 2019-01-11 Denied IFP constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equal-protection ex-post-facto habeas-corpus ineffective-assistance ineffective-assistance-of-counsel retroactive-application retroactivity sentencing sixth-amendment structural-defect Did the Lower Court(s) Err in refusing to grant retroactive application to Fishback v. Commonwealth? Did the Virginia Supreme Court Err in holding th…
18-7365 Robert Allen DeVore v. Brandon Kelly, Superintendent, Oregon State Penitentiary Oregon 2019-01-10 Denied Response WaivedIFP 8th-amendment consecutive-sentences constitutional-law criminal-procedure cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment habeas-corpus minimum-sentences sentencing 1. Does the combined sentence totaling of 495 years with a 247½/ year minimum violate the Eight Amendment against cruel and unusual punishment? 2. Do…
18-7332 James Dellinger v. Tennessee Tennessee 2019-01-09 Denied IFP atkins-claim atkins-v-virginia civil-rights constitutional-prohibition cruel-and-unusual-punishment death-penalty due-process eighth-amendment intellectual-disability moore-v-texas procedural-vehicle roper-v-simmons Where a petitioner establishes uncontested proof that despite effort he never progressed beyond the first grade level and dropped out of third grade a…
18-7295 Earnest Barnes v. Florida Florida 2019-01-08 Denied Response WaivedIFP cruel-and-unusual-punishment eighth-amendment graham-v-florida juvenile-sentencing life-imprisonment miller-v-alabama National-Consensus parole scientific-evidence WHETHER EIGHTH AMENDMENT'S PROTECTION ESTABLISHED IN GRAHAM AND MILLER SHOULD BE EXPANDED BEYOND AGE CUTOFF AT EIGHTEEN TO PROHIBIT MANDATORY LIFE IMP…
18-852 Anne L. Precythe v. Ernest Johnson Eighth Circuit 2019-01-04 GVR administrative-procedure cruel-and-unusual-punishment death-penalty eighth-amendment execution-method feasible-alternative glossip-v-gross method-of-execution nitrogen-gas pentobarbital pleading-requirements Inmates who wish to challenge a method of execution under the Eighth Amendment must plead and prove an alternative method that is "feasible, readily i…
18-7224 Jose Alejandro Acuna Valenzuela v. Arizona Arizona 2019-01-03 Denied IFP constitutional-rights cruel-and-unusual-punishment due-process fair-trial heightened-reliability impartial-jury juror-bias jury-selection motion-to-vacate prosecutorial-misconduct I. Whether the trial court violated Mr. Acuna's constitutional rights to a fair and impartial jury, to due process, to heightened reliability, and to …
18-793 Marion Quinton Brewster v. United States Fourth Circuit 2018-12-20 Denied Response WaivedRelisted (2) armed-career-criminal-act cruel-and-unusual-punishment cruel-unusual-punishment different-occasions legislative-intent sentencing statutory-interpretation vagueness Whether the interpretation of the Armed Career Criminal Act's "different occasions" provision has become overly broad and vague as to constitute cruel…
18-7119 Stanley Grigsby v. Louisiana Louisiana 2018-12-19 Denied Response WaivedIFP appellate-review criminal-justice criminal-procedure cruel-and-unusual-punishment due-process excessive-sentence judicial-error jurisdiction louisiana-law sentencing sentencing-review subject-matter-jurisdiction Whether the Louisiana Court's have erred in determining that the sentence was not excessive? Whether the Louisiana Court's have erred in failing to n…
18-7073 Todd James Luh v. Fulton State Hospital, et al. Eighth Circuit 2018-12-18 Dismissed Response WaivedIFP civil-rights constitutional-rights cruel-and-unusual-punishment disability-discrimination discovery due-process institutional-misconduct involuntary-commitment medical-abuse medical-records retaliation veterans-rights Does it serve justice to dismiss my claims when it is clear that testimony will be presented at trial that the defendants have assaulted me themselves…
18-7034 Shawn Sadik v. Pennsylvania Pennsylvania 2018-12-14 Denied Response WaivedIFP 8th-amendment criminal-sentencing cruel-and-unusual-punishment culpability death-penalty developmental-disability eighth-amendment intellectual-disability life-without-parole mandatory-life-imprisonment mandatory-sentencing parole Does the Eighth Amendment bar individuals with intellectual and developmental disabilities from mandatory life without parole sentences?
18-6906 David E. Miller v. Tony Parker, Commissioner, Tennessee Department of Correction, et al. Sixth Circuit 2018-12-03 Denied IFP coercion cruel-and-unusual-punishment death-penalty eighth-amendment ex-post-facto execution-method lethal-injection waiver waiver-of-rights (1) When an inmate alleges that both his original and later-imposed punishments for the same crime violate the Eighth Amendment but the later-imposed …
18-6890 In Re Joseph C. Garcia 2018-11-30 Denied IFP actual-innocence capital-punishment cruel-and-unusual-punishment death-penalty death-row eighth-amendment eighth-amendment-cruel-and-unusual-punishment fourteenth-amendment fourteenth-amendment-due-process psychological-stress 1. Whether Joseph Garcia's extended stay on Texas' death row for nearly 16 years has resulted in his suffering additional severe psychological stress …
18-6891 Joseph C. Garcia v. Texas Texas 2018-11-30 Denied IFP 8th-amendment capital-punishment civil-rights criminal-intent cruel-and-unusual-punishment culpability death-penalty due-process eighth-amendment intent-to-kill mens-rea non-triggerman state-execution Whether the Eighth Amendment now forbids a State from executing a person when there is no evidence that he killed or intended to kill another person.
18-6869 Mario Andrette McNeill v. North Carolina North Carolina 2018-11-29 Denied IFP capital-defendant capital-defendant-instructions capital-punishment counsel counsel-decision-making cruel-and-unusual-punishment eighth-amendment mitigating-evidence right-to-counsel sixth-amendment Whether the Sixth Amendment right to counsel and the Eighth Amendment prohibition on cruel and unusual punishment allow a state to give binding force …
18-6877 Richard Earl Shere, Jr. v. Florida Florida 2018-11-29 Denied IFP capital-sentencing cruel-and-unusual-punishment due-process eighth-amendment equal-protection fourteenth-amendment jury-trial-rights retroactivity In Hurst v. Florida this Court struck down Florida's longstanding capital-sentencing procedures because they authorized a judge, rather than a jury, t…
18-6776 Duane Eugene Owen v. Florida Florida 2018-11-21 Denied IFP capital-punishment capital-sentencing cruel-and-unusual-punishment due-process eighth-amendment equal-protection jury-trial retroactivity state-court In Hurst v. Florida this Court struck down Florida's longstanding capital-sentencing procedures because they authorized a judge, rather than a jury, t…
18-6554 Walter Collins v. Tennessee Tennessee 2018-11-02 Denied Response WaivedIFP constitutional-rights cruel-and-unusual-punishment eighth-amendment fourteenth-amendment juvenile-sentencing life-sentence mandatory-life-sentence opportunity-for-release reasonable-opportunity-for-release Whether a mandatory life sentence for a crime committed by a juvenile that does not allow him a reasonable opportunity for release violates the prohib…
18-6530 Edmund Zagorski v. Bill Haslam, Governor of Tennessee, et al. Sixth Circuit 2018-11-01 Denied IFP constitutional-protections constitutional-rights cruel-and-unusual-punishment death-penalty death-penalty-challenges due-process involuntary-waiver method-of-execution procedural-technicalities state-secrecy stewart-v-lagrand 1. Did Glossip v. Gross, 135 S.Ct. 2726 (2015), modify centuries-old jurisprudence prohibiting involuntary waiver of constitutional protections in the…
18-6520 Jesus L. Arnett v. Patrick Covello, Acting Warden Ninth Circuit 2018-10-31 Denied IFP certificate-of-appealability constitutional-rights cruel-and-unusual-punishment due-process false-conviction forged-bills ineffective-assistance-of-counsel probable-cause sentencing speedy-trial speedy-trial-rights structural-error Should Petitioner be granted a Certificate of Appealability when Petitioner was obviously and falsely convicted of possessing forged bills, and then g…
18-6528 Shaheen Cabbagestalk v. Bryan P. Sterling, et al. Fourth Circuit 2018-10-31 Denied IFP civil-procedure civil-rights cruel-and-unusual-punishment due-process equal-protection free-speech habeas-corpus standing takings Question not identified.
18-6458 Eddie Williams, Jr. v. Tennessee Tennessee 2018-10-26 Denied IFP 14th-amendment 8th-amendment civil-procedure civil-rights cruel-and-unusual-punishment due-process free-speech standing state-action takings Question not identified.
18-6433 Robert Norman Smithback v. Texas Texas 2018-10-25 Denied IFP 8th-amendment civil-rights civil-rights,due-process,standing,civil-procedure, constitutional-guarantees cruel-and-unusual-punishment due-process equal-protection farmer-v-brennan prison-conditions prisoner-rights supreme-court-precedent Issue #1. Whether Texa. Jurisprudence.enforcés constitutional guarentees, especially and specifically this Court's Farmer v. Brennan, 511 U.S. 825 (19…
18-6367 Joel Carter v. Jamie Ayala, et al. Sixth Circuit 2018-10-17 Denied Response WaivedIFP civil-rights constitutional-law cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment medical-services medical-treatment precedent prisoner-rights summary-judgment I. Did the lower court err in granting summary judgment in favor of Respondents on Petitioner's Eighth Amendment deliberate indifference claim, by iss…
18-6315 David Ivy v. Tennessee Tennessee 2018-10-16 Denied IFP atkins-claim atkins-v-virginia constitutional-prohibition cruel-and-unusual-punishment death-penalty due-process eighth-amendment intellectual-disability moore-v-texas procedural-mechanism roper-v-simmons state-procedure Where this Court has declared, "States may not execute anyone in 'the entire category of [intellectually disabled] offenders." Moore v. Texas, 137 S. …
18-6335 George Jenkins v. United States Eleventh Circuit 2018-10-16 Denied Response WaivedIFP criminal-procedure cruel-and-unusual-punishment drug-offense due-process first-time-offender non-violent-crime proportionality reasonableness-review sentencing-discretion sentencing-guidelines WHETHER THE SENTENCE IMPOSED IS UNREASONABLE A. Whether a One Hundred Forty-four (144) month prison sentence for a first time non-violent, drug deale…
18-6289 Bruce L. Small v. Florida Florida 2018-10-12 Dismissed IFP and justice from incarceration civil-rights due-process ex-post-facto incarceration justice liberty civil-rights constitutional-rights criminal-sentencing cruel-and-unusual-punishment due-process equal-protection ex-post-facto ex-post-facto-law incarceration justice-system legal-application sentencing Wan thee of rill canal igh Eyal application of ano pu Fac bos th enhance my KentenceS Ween te sale of Hoda: deny oem consTrchond]. {to freedoon ,li…
18-6294 Steven Anthony Walcott, Jr. v. Terrebonne Parish Jail Medical Department, et al. Fifth Circuit 2018-10-11 Denied Relisted (2)IFP civil-rights constitutional-rights cruel-and-unusual-punishment deliberate-indifference due-process exhaustion-of-remedies frivolous-claims medical-conditions medical-treatment prison-conditions standing M. Did thE pEtitioNEr hANE A SEriDUs MEdicHl CouditiON? 2. Did thE pEtitioNEr's CESIONS MEDICAL AllEgEA in jtil CDRETitION FOM CUNHACTING A dENAy diB…
18-6238 Edmund Zagorski v. Tony Parker, Commissioner, Tennessee Department of Corrections, et al. Tennessee 2018-10-09 Denied IFP constitutional-rights cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment execution-methods execution-protocol feasible-alternative fourteenth-amendment lethal-injection state-secrecy 1. Where the credited, credible, and unassailable evidence at trial proves with certainty that a lethal injection protocol will inflict severe pain an…
18-6220 Anthony Quentin Kelly v. Frank Bishop, Warden, et al. Fourth Circuit 2018-10-04 Denied IFP 8th-amendment access access-to-courts civil-rights cruel-and-unusual-punishment due-process food-and-water liberty Question not identified.
18-6223 Martin Jonassen v. United States, et al. Ninth Circuit 2018-10-04 Dismissed Response WaivedIFP 8th-amendment administrative-procedure cell-conditions civil-rights constitutional-rights cruel-and-unusual-punishment due-process facility-design habeas-corpus inmate-safety prison-conditions prison-overcrowding standing 1.a.Did the ath CiR. err bt Ruling (That the 10-17-17 District Ct. OrdeR Is Not a Final Appealable 'OrdeR. A,b. Did the ath Cir. And the District Cou…
18-6201 Nicholas DeAngelis v. Bruce Plumley, Warden Fifth Circuit 2018-10-03 Denied Response WaivedIFP 28-usc-2244 28-usc-2255 actual-innocence cruel-and-unusual-punishment due-process eighth-amendment equal-protection federal-habeas federal-prisoners habeas-corpus procedural-bar procedural-bars time-limits The criteria in 28 U.S.C.S. §2244(d)(1) is identical to 28 U.S.C.S. §2255(f). The former per this courts holding in MóQuiggin v. Perkins, 569 U.S. 383…
18-6167 Ronald Wayne Clark, Jr. v. Florida Florida 2018-10-02 Denied IFP capital-case capital-case,eighth-amendment,cruel-and-unusual-pu capital-punishment codefendant-culpability codefendants cruel-and-unusual-punishment cruel-unusual-punishment death-penalty death-sentence eighth-amendment proportionality-review reliability-of-death-sentence 1. Whether an assessment of the relative culpability of codefendants in a capital case in Florida is required pursuant to the Eighth Amendment in orde…
18-6058 Donald Lee Reeves, III v. California California 2018-09-24 Denied Response WaivedIFP cruel-and-unusual-punishment due-process fair-trial felony-murder insufficient-evidence intent robbery special-circumstance I. Whether petitioner's due process right to a fair trial was violated when he was convicted of robbery in Count 4 based upon insufficient evidence th…
18-6027 Hayden Beaulieu v. Arizona Arizona 2018-09-18 Denied IFP 8th-amendment cruel-and-unusual-punishment due-process eighth-amendment extradition juvenile-justice plea-deal prosecutorial-discretion sentencing transfer-hearing Is it permissible under the 8th amendment of the Constitution to impose an adult sentence upon a minor who has been convicted of a non-dangerous, non-…
18-5996 Gene Lemay Barris v. United States Eighth Circuit 2018-09-14 Denied Response WaivedIFP appeal criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment fifth-amendment habeas-corpus ineffective-assistance-of-counsel sentencing unreasonable-sentence 1.How ion a sentencing Coust sentenct a defeadent cutside of the Gui delines orainally out lindd in Tue defendents pka @gret moat. Dots 2. Hou Or can…
18-5970 Allen D. Gorion v. United States Ninth Circuit 2018-09-13 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-sentencing cruel-and-unusual-punishment due-process federal-sentencing judicial-discretion reasonableness reasonableness-standard sentencing-discretion sentencing-guidelines sentencing-reform Whether certiorari should be granted to set forth some guidelines in determining when a sentence is unreasonable?
18-5958 Kevin Wilmot v. Florida Florida 2018-09-12 Denied IFP access-to-courts civil-rights cruel-and-unusual-punishment due-process equal-protection ineffective-assistance-of-counsel sentencing FLonida Violate State Ard Federal CAN the State oF Constitstional Amendments. And ProviSions ThAt Are GUArAnteEd becAuse the Prisorer is Poor Ard CArN…
18-5861 Danny Lopez Chavez v. Joel Martinez, Warden Ninth Circuit 2018-08-31 Denied Response WaivedIFP civil-rights constitutional-law constitutional-rights criminal-law cruel-and-unusual-punishment due-process eighth-amendment proportionality sentencing (1) Whether appellant's sentence is grossly disproportionate to the crimes of conviction in violation of the Eighth Amendment's prohibition against cr…
18-5848 Darrell Darcell Darby v. Texas Texas 2018-08-30 Denied IFP civil-procedure civil-rights constitutional criminal-appeals cruel-and-unusual-punishment due-process prison-conditions search-and-seizure sentencing standing takings [SEE APPENDIX D] WHO IS UNABLE HIMSELFWITH HOBEOS CORPUS POSTCONUICTION PETI TION TO THE COURTS ).-- CONSTITUTIONAL RIGHT TO HELP BY ANOTHER INMATE "W…
18-5764 Richard Joseph Crane v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2018-08-24 Denied IFP civil-rights constitutional-interpretation criminal-sentencing cruel-and-unusual-punishment due-process ex-post-facto habeas-corpus life-sentence parole parole-consideration sentencing supreme-court-precedent Whether the Supreme Court intended for the opinion of California Department of Corrections v. Morales (1995) 514 U.S. 499; and Garner v. Jones (U.S.Ga…
18-5714 Jose A. Rivera-Quinones v. Pennsylvania Third Circuit 2018-08-23 Denied IFP abuse-of-process confrontation-clause constitutional-rights criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process fourteenth-amendment prejudicial-evidence sentencing sixth-amendment subject-matter-jurisdiction Under Our United States Constitution, Amendment VI., Can A Trial Court Posess Subject Matter . Jurisdiction On A Criminal Offense Not Charged Within. …
18-5698 Devonte Brown v. Ohio Ohio 2018-08-22 Denied Response WaivedIFP 8th-amendment cruel-and-unusual-punishment due-process eighth-amendment irreparable-corruption juvenile-justice juvenile-sentencing life-without-parole miller-v-alabama montgomery-v-louisiana sentencing Whether this Court's precedent requires a trial court's record to reflect specific consideration of irreparable corruption before sentencing the child…
18-217 Randall Mathena, Warden v. Lee Boyd Malvo Fourth Circuit 2018-08-20 Granted Amici (13)Relisted (9) collateral-review constitutional-law constitutional-rule criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing montgomery-v-louisiana retroactivity substantive-rule supreme-court-precedent teague-v-lane Did the Fourth Circuit err in concluding—in direct conflict with Virginia's highest court and other courts—that a decision of this Court (Montgomery) …
18-5652 Glen Springer v. Benjamin Dale Caple, et al. Eighth Circuit 2018-08-20 Denied IFP 8th-amendment civil-rights cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment medical-care medical-needs prison-conditions 1. Did Plaintif SufferA EighthAmendment Violation? Medical Needs? ex is Administative Remedies by the grlevance process USiNg When he only thing that…
18-5669 Peter Cruz v. Massachusetts Massachusetts 2018-08-20 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process due-process,fifth-amendment,fourteenth-amendment,s fifth-amendment fourteenth-amendment life-without-parole massachusetts-law sentencing Whether, pursuant to the Fifth and Fourteenth Amendments to the United States Constitution, the petitioner can be punished with a sentence of life wit…
18-171 Robert R. Snyder v. California Department of Corrections and Rehabilitation, et al. Ninth Circuit 2018-08-08 Denied 42-usc-1983 civil-rights color-of-state-law constitutional-rights Cruel-and-unusual-punishment Due-process Eighth-amendment First-amendment immunity law-library-access Preliminary-injunction prisoner-rights retaliation section-1983 Does a person or entity have immunity from prosecution under 42 U.S.C. § 1983 when rights that have been secured by the United States Constitution hav…
18-5495 In Re Billy Ray Irick 2018-08-07 Denied Amici (1)IFP cruel-and-unusual-punishment cruel-unusual-punishment death-penalty eighth-amendment evolving-standards-of-decency fourteenth-amendment mental-illness personal-culpability sentencing Does the imposition of the death penalty on a person who was severely mentally ill at the time of the offense constitute cruel and unusual punishment …
18-5466 Lawrence E. Wilson v. Ohio Ohio 2018-08-06 Denied Response WaivedIFP criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment nunc-pro-tunc open-court right-to-counsel sentencing sentencing-requirements sixth-amendment void WHETHER A TRIAL COURT'S FAILURE TO COMPLY WITH STATUTORY REQUIREMENTS WHEN IMPOSING A SENTENCE RENDERS THE ATTEMPTED SENTENCE VOID.? WHETHER THE TRIA…
18-5425 Jose Joaquin Ramirez v. Joseph Aponte, et al. New York 2018-08-02 Denied Relisted (2)IFP access-to-courts civil-liberties civil-rights constitutional-rights cruel-and-unusual cruel-and-unusual-punishment due-process equal-protection habeas-corpus involuntary-commitment mental-health mental-health-detention standing 1. Is thr Nru Yok Stute Bil Lav as appli-d (530.40) a bill of Attuinder 272 2. Is denyin horing, not risprdhny to mations, prporly keeping accyse out…
18-5408 Norberto Serna v. California California 2018-07-31 Denied Response WaivedIFP bodily-harm criminal-law cruel-and-unusual-punishment due-process eighth-amendment equal-protection extortion kidnapping sentencing sentencing-disparity I. Whether California violates the Equal Protection Clause by imposing a harsher maximum sentence on kidnapper-extortionists—who harm their victims an…
18-5387 John Garrett Smith v. Washington Washington 2018-07-30 Denied IFP brady-violations civil-rights cruel-and-unusual-punishment due-process equal-protection habeas-corpus malicious-prosecution standing (1) Cana State intertionally fail to vires hostility State of its scienter of fraud, yet procead against MS sans-jurisdictional aothority to falsely o…
18-5346 Roger Wilson v. United States Third Circuit 2018-07-25 Denied Response WaivedIFP civil-procedure civil-rights cruel-and-unusual-punishment due-process eighth-amendment equal-protection excessive-bail free-speech pretrial-detention speedy-trial standing Question not identified.
18-5327 Adib Eddie Ramez Makdessi v. Lieutenant Fields, et al. Fourth Circuit 2018-07-24 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights criminal-procedure cruel-and-unusual-punishment deliberate-indifference deliberate-misconduct due-process evidence-suppression excessive-force federal-courts fourth-circuit judicial-conflict retaliation standing takings witness-tampering -The FourthCircuit First opinion Appendx Findingin Maessis Favor s r Confct ith th econonAppend overlooKing so much of the evidence that was held in t…
18-5330 Gregory Alan Kokal v. Julie L. Jones, Secretary, Florida Department of Corrections Florida 2018-07-24 Denied IFP capital-case capital-case,eighth-amendment,cruel-and-unusual-pu capital-punishment codefendant-culpability codefendants cruel-and-unusual-punishment culpability death-sentence eighth-amendment proportionality-review 1. Whether an assessment of the relative culpability of codefendants in a capital case in Florida is required pursuant to the Eighth Amendment in orde…
18-104 Robert Philip Tuerk v. The Disciplinary Board of the Supreme Court of Pennsylvania Pennsylvania 2018-07-23 Denied Response WaivedRelisted (2) attorney-disbarment attorney-discipline constitutional-rights cruel-and-unusual-punishment due-process equal-protection freedom-of-travel freedom-to-travel prior-restraint reciprocal-discipline 1. Whether the reciprocal upon reciprocal discipline of disbarment of an attorney by his home state that originally disciplined him for one (1) year a…
18-5276 William Clark v. United States District of Columbia 2018-07-19 Denied Response WaivedIFP age-of-majority age-of-maturity brain-development criminal-procedure cruel-and-unusual-punishment eighth-amendment equal-protection juvenile-justice montgomery-line sentencing sentencing-considerations Whether the Montgomery Line of decisions apply to those under 18-years-old? Whether the Equal Protection clause is violated where other courts have a…
18-81 Carltez Taylor v. Indiana Indiana 2018-07-19 Denied constitutional-proportionality cruel-and-unusual-punishment eighth-amendment juvenile-sentencing life-expectancy life-without-parole miller-v-alabama sentencing-discretion term-of-years Whether it is cruel and unusual punishment to sentence a juvenile to a term exceeding their life expectancy for a single offense even when the sentenc…
18-5246 Warren Darrell Rivers v. Texas Texas 2018-07-17 Denied IFP capital-punishment capital-punishment-sentencing cruel-and-unusual-punishment due-process eighth-amendment fourteenth-amendment individualized-sentencing sentencing sentencing-determination WHETHER PROSECUTION EVIDENCE THAT A CAPITAL DEFENDANT HAS BEEN SENTENCED TO DEATH ONCE BEFORE IN THE SAME CASE IMPERMISSIBLY UNDERMINES THE SENTENCING…
18-5239 Deshawn T. Terrell v. Ohio Ohio 2018-07-16 Denied Amici (1)IFP cruel-and-unusual-punishment eighth-amendment felony-murder fourteenth-amendment juvenile-sentencing mandatory-minimums mandatory-sentencing miller-graham-precedent Does the mandatory sentencing provision for the offense of felony murder under Ohio Revised Code § 2929.02(B)(1) violate the Eighth and Fourteenth Ame…
18-5179 Ronnie Johnson v. Florida Florida 2018-07-09 Denied IFP 6th-amendment 8th-amendment cruel-and-unusual-punishment death-penalty due-process equal-protection hurst-v-florida jury-trial retroactivity ring-v-arizona WHETHER THE BLACK LINE DRAWN BY THE FLORIDA SUPREME COURT IN ASAY v. STATE, 210 S0.3d 1 (Fla. 2016), LIMITING THE RETROACTIVE EFFECT OF HURST v. FLORI…
18-5066 Edward Vincent Ray v. California California 2018-07-06 Denied Response WaivedIFP constitutional-challenge criminal-statute cruel-and-unusual-punishment due-process equal-protection gender-bias ineffective-assistance-of-counsel legal-interpretation overbreadth sentencing-disparities vagueness-doctrine Whether Petitioners sentence of 38yrs 4mos., violates equal protection under the law because of the disparities in Californa sentences whether Ptiton…
24A498 Carey Grayson v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. Eleventh Circuit Denied capital-punishment conscious-suffocation cruel-and-unusual-punishment eighth-amendment execution-method nitrogen-hypoxia Question not identified.