defendant-rights
211 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6555 | Fredrick Dontae Slade v. United States | Fourth Circuit | 2026-01-13 | Pending | IFP | appeal-waiver constitutional-rights criminal-procedure defendant-rights due-process plea-agreement | 1. IS A DEFEDANT'S RIGHT TO DUE PROCESS OF LAW VIOLATED WHEN THE GOVERNMENT REQUIRES AN APPEAL WAIVER AS PART OF A PLEA AGREEMENT? |
| 25-650 | Raymon Walters v. United States | Third Circuit | 2025-12-04 | Denied | Response Waived | counsel-strategy criminal-defense defendant-rights jury-trial legal-ethics sixth-amendment | Whether defense counsel may concede an element of an offense over the defendant's objection, where the concession is reasonably designed to advance th… |
| 25-5968 | Mark Wheeler v. United States | Eleventh Circuit | 2025-10-28 | Dismissed | Response RequestedResponse WaivedIFP | constitutional-rights criminal-procedure defendant-rights due-process involuntary-commitment mental-competency | 1. Does the mandatory commitment of a permanently incompetent defendant solely to assess the possibility of restoring competency violate due process? |
| 25-5955 | Jarred Javon Ford v. United States | Fourth Circuit | 2025-10-24 | Denied | Response WaivedIFP | constitutional-protection criminal-procedure defendant-rights due-process judicial-inquiry waiver-of-counsel | Whether the Court should prescribe more specific requirements to ensure consistency and that defendants' waivers are knowing, voluntary, and intellige… |
| 25-5812 | Michael Barreto v. United States | Second Circuit | 2025-10-07 | Pending | Response RequestedResponse WaivedRelisted (3)IFP | competency-hearing criminal-procedure defendant-rights judicial-discretion mental-competency statutory-interpretation | If a district court orders a competency examination under § 4241(b) based upon reasonable cause to question a defendant's competency, is it mandatory … |
| 25-5224 | Kelechi Collins Umeh v. United States | First Circuit | 2025-07-29 | Denied | Response WaivedIFP | criminal-conviction defendant-rights jury-trial structural-error trial-court waiver | Is it structural error for a trial court to enter a conviction against a defendant who did not expressly waive his right to a jury trial? |
| 25-5180 | Sherrod Anthony Wright v. Florida | Florida | 2025-07-23 | Denied | Response WaivedIFP | criminal-procedure defendant-rights jury-trial sixth-amendment state-court waiver | Whether the ancient right enshrined in the Sixth Amendment to trial by a twelve-member jury applies to a state court trial for major felonies where th… |
| 25-32 | Mason Binion v. United States | District of Columbia | 2025-07-09 | Denied | Response Waived | constitutional-obligation criminal-competency defendant-rights due-process harmless-error trial-court-procedure | Whether a procedurally inadequate inquiry into a criminal defendant's competence is rendered constitutionally harmless if defense counsel does not con… |
| 24-7478 | Shaquan Dannard McCall v. United States | Fourth Circuit | 2025-06-23 | Denied | Response WaivedIFP | appeal-waiver constitutional-rights criminal-procedure defendant-rights due-process plea-agreement | 1. ISA DEFEDANTS RIGHT TO DUE PROCESS OF LAW VIOLATED WHEN THE GOVERNMENT REQUIRES AN APPEAL WAIVER AS PART OF A PLEA AGREEMENT? |
| 24-7303 | Donterrian M. Lavender v. United States | Fifth Circuit | 2025-05-28 | Denied | Response WaivedIFP | appellate-review criminal-appeal defendant-rights federal-sentencing sentencing substantive-reasonableness | Whether Lavender's sentence is substantively unreasonable. |
| 24-7220 | Barry Ray Knight v. United States | Ninth Circuit | 2025-05-15 | Denied | Response WaivedIFP | criminal-charging defendant-rights due-process plea-negotiations prosecutorial-discretion vindictive-prosecution | Can prosecutors evade vindictiveness claims any time they make a new charge against a defendant after the breakdown of plea negotiations, no matter th… |
| 24-7156 | Michael S. Main v. Illinois | Illinois | 2025-05-07 | Denied | Response WaivedIFP | defendant-rights ineffective-assistance judicial-recusal post-conviction preliminary-hearing procedural-due-process | Nantel rs rereed va G Caw, what-73. thedeahp oo thetcourt may j vest cohe..7 to. the claim———done veda mitsal of Heclajme)——_ LL Rs there Some bent oo… |
| 24-6841 | Micah Brown v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2025-03-25 | Dismissed | IFP | capital-punishment defendant-rights fifth-amendment jury-instructions penalty-phase prosecutorial-misconduct | Whether reasonable jurists would disagree that a prosecutor violates a capital defendant's Fifth-Amendment right not to testify at the penalty phase b… |
| 24-6690 | Arjune Ahmed v. United States | Eighth Circuit | 2025-03-04 | Denied | Response WaivedIFP | circuit-split criminal-procedure defendant-rights evidence-admission federal-rule-of-evidence sexual-assault | Petitioner Arjune Ahmed was convicted of two counts of kidnapping. The district court declined to give him separate trials on the two kidnapping alleg… |
| 24-6614 | Benjamin Dale Marshall v. United States | Sixth Circuit | 2025-02-21 | Denied | Response WaivedIFP | criminal-charges defendant-rights due-process government-prosecution sentencing-prejudice timing-of-charges | I. Does due process require the government to bring charges for crimes committed close in time so that the timing of the charges does not prejudice th… |
| 24-6437 | Armando Molina v. United States | Ninth Circuit | 2025-01-31 | Denied | Response WaivedIFP | criminal-defense defendant-rights defense-counsel entrapment sixth-amendment trial-strategy | Whether the Sixth Amendment right to determine the objectives of one's own defense is violated when defense counsel, against the defendant's wishes, s… |
| 24-6332 | Andrew Jason Peterson v. Wisconsin | Wisconsin | 2025-01-17 | Denied | Response WaivedRelisted (2)IFP | colloquy counsel-denial defendant-rights sequestration-order sixth-amendment trial-court | Federal Circuits have broadly held that the Perry v. Leeke and U.S. v Geders decisions protect the right to discuss testimony on an extended or overni… |
| 24-6294 | Christopher Lloyd Burnell v. United States | Ninth Circuit | 2025-01-14 | Denied | Response WaivedRelisted (2)IFP | circuit-split counsel-substitution court-appointed-counsel criminal-procedure defendant-rights sixth-amendment | What standard governs a criminal defendant's motion to substitute retained with court-appointed counsel? |
| 24-6266 | Jody Lee Miles v. Maryland | Maryland | 2025-01-13 | Denied | Response WaivedIFP | constitutional-law court-proceedings defendant-rights executive-clemency judicial-review separation-of-powers | Does the doctrine of the separation of powers as derived from the text and structure of the Constitution of the United States allow for an act of mock… |
| 24-6276 | Robert Anthony Zaccaro v. Florida | Florida | 2025-01-13 | Denied | Response WaivedIFP | criminal-procedure defendant-rights judicial-discretion jury-determination sentencing-enhancement sentencing-facts | Whether there are any exceptions to a Defendant's right to a jury determination of any fact which raises his minimum or maximum sentence? |
| 24-6065 | Joshua Austin Ward v. Kentucky | Kentucky | 2024-12-03 | Denied | Response WaivedIFP | constitutional-procedure defendant-rights hybrid-representation pro-se waiver witness-selection | Where a defendant has been permitted to proceed pro se, does his agreement to the assistance of counsel on some issues — generally known as "hybrid re… |
| 24-6016 | Santiago Parks Howard-Rios v. United States | Fifth Circuit | 2024-11-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial statutory-maximum | L Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 24-5684 | Raunel Garcia-Suarez v. United States | Fifth Circuit | 2024-10-01 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-7738 | Terrill Goods v. United States | Sixth Circuit | 2024-06-17 | Denied | Response WaivedIFP | criminal-procedure defendant-rights due-process federal-rules federal-rules-of-criminal-procedure in-absentia presence sentencing waiver | 1. Whether a defendant who does not clearly and expressly waive his presence at his sentencing hearing may be sentenced in absentia under Fed. R. Crim… |
| 23-7544 | Rodolfo Morales-Cortez v. United States | Ninth Circuit | 2024-05-22 | Denied | Response WaivedIFP | burden-of-proof closing-argument criminal-procedure defendant-rights due-process objection-standard prejudice prosecutorial-misconduct | Does a defendant who timely objects to a prosecutor's misconduct during closing argument nevertheless bear the burden to show that it caused him preju… |
| 23-1100 | Albert Jones v. California | California | 2024-04-10 | Denied | Response Waived | 5th-amendment civil-rights criminal-procedure defendant-rights doyle-v-ohio due-process miranda-warning post-miranda right-to-silence selective-invocation | Do the protections of Doyle v. Ohio, 426 U.S. 610 (1976)—which prohibit a prosecutor on commenting on a defendant's post-Miranda warning invocation of… |
| 23-7146 | Antonio Ochoa-Leyva v. United States | Fifth Circuit | 2024-04-05 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-7143 | Armando Ordonez-Dominguez v. United States | Fifth Circuit | 2024-04-04 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6977 | Dasmore T. Coleman v. United States | Fifth Circuit | 2024-03-13 | Denied | Response WaivedIFP | criminal-appeal criminal-sentencing defendant-rights due-process federal-sentencing procedural-history sentencing sentencing-guidelines standard-of-review substantive-reasonableness | Whether Coleman's sentence is substantively unreasonable. |
| 23-6978 | Jose Salome Gallardo Granados v. United States | Fifth Circuit | 2024-03-13 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6936 | Jose Eulalio Aguillen-Servin v. United States | Fifth Circuit | 2024-03-08 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-953 | Brandon Michael Council v. United States | Fourth Circuit | 2024-03-01 | Denied | Amici (3) | circuit-split competency criminal-procedure defendant-rights due-process effective-assistance-of-counsel federal-death-penalty judicial-discretion mental-competence trial-competency | In the middle of his federal death-penalty trial, Brandon Council had a delusional breakdown, asking his attorneys to "subpoena God." The District Cou… |
| 23-6870 | Ariel Perez-Lainez v. United States | Fifth Circuit | 2024-02-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6849 | Juan Salazar-Grimaldo v. United States | Fifth Circuit | 2024-02-28 | Denied | Response WaivedIFP | constitutional-procedure criminal-indictment criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6768 | Vidal Garza-Morin v. United States | Fifth Circuit | 2024-02-16 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6772 | Jackie-Devere Allen Cole v. District Court | Colorado | 2024-02-16 | Denied | IFP | civil-procedure civil-rights confidentiality defendant-rights discovery due-process federal-litigation jurisdiction service-of-process standing | Question not identified. |
| 23-6484 | Miguel Angel Sanchez-Delgado v. United States | Fifth Circuit | 2024-01-17 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6488 | Juan Garcia-Bertadillo v. United States | Fifth Circuit | 2024-01-17 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6411 | Gilberto Salvador Cortez-Garcia v. United States | Fifth Circuit | 2024-01-04 | Denied | Response WaivedIFP | burden-of-proof criminal-indictment criminal-procedure defendant-rights due-process jury-determination jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6402 | Vidal Orellana-Sibrian v. United States | Fifth Circuit | 2024-01-03 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6401 | Wayne Johnson v. Contra Costa County Clerk Recorder, et al. | Ninth Circuit | 2024-01-02 | Denied | Response WaivedIFP | administrative-misconduct civil-rights court-immunity court-reporter criminal-procedure defendant-rights due-process immunity judicial-proceedings procedural-error standing state-court | Whether a court reporter in a state criminal action is entitled to immunity for failing to record objections made by parties in a criminal preceding t… |
| 23-6320 | Santiago Salazar-Ramirez v. United States | Fifth Circuit | 2023-12-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6225 | Michael Ramsey v. Matthew J. Platkin, Attorney General of New Jersey, et al. | Third Circuit | 2023-12-11 | Denied | IFP | constitutional-rights criminal-procedure defendant-rights due-process negotiation-strategy plea-bargaining plea-negotiations right-to-claim-innocence | Does Petitioner give up the right to claim innocence as a bargaining tool during plea negotiations? |
| 23-618 | Delano Marco Medina v. Colorado | Colorado | 2023-12-08 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | burden-of-proof constitutional-law criminal-conviction criminal-procedure defendant-rights due-process guilty-plea judicial-procedure judicial-review legal-standard | Whether it is consistent with due process for a court to convict a criminal defendant without finding that the defendant is guilty. |
| 23-6192 | David Lewis Holland v. Texas | Texas | 2023-12-07 | Denied | IFP | appellate-procedure appellate-review case-law constitutional-law constitutional-provision criminal-procedure defendant-rights due-process right-to-counsel speedy-trial trial-preparation | QUESTION 1: Whether the new Speedy Trial requirement created by the Texas 7th Court of Appeals in the instant case is in conflict with current case l… |
| 23-6176 | Faustino Garcia-Sanchez, aka Miguel Garcia-Sanchez, aka Miguel Zamora-Sanchez v. United States | Fifth Circuit | 2023-12-06 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6081 | Jacobo Fuentes-Salgado v. United States | Fifth Circuit | 2023-11-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-5928 | Michael David Beiter, Jr. v. United States | Eleventh Circuit | 2023-11-01 | Denied | Response WaivedRelisted (2)IFP | civil-rights court-appointed-counsel criminal-procedure defendant-rights due-process initial-appearance judicial-procedure legal-representation magistrate-judge right-to-counsel | 1. Can a magistrate judge at an initial appearance force counsel upon a defendant who has never waived his rights and never participated in the right … |
| 23-5936 | Hector Francisco Santos-Flores v. United States | Fifth Circuit | 2023-11-01 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-5927 | Katerin Martinez-Alberto v. United States | First Circuit | 2023-10-31 | Denied | Response WaivedRelisted (2)IFP | criminal-procedure cross-examination defendant-rights due-process evidence jury-instructions plain-error self-incrimination testimonial-evidence testimony | 1. Does display of a defendant's body part (a foot) to the jury constitute testimony that subjects the defendant to cross-examination? 2. In a multi-… |
| 23-5880 | Jose Fernando Martinez-Hernandez v. United States | Fifth Circuit | 2023-10-25 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-415 | BP America Production Company, et al. v. Parish of Cameron, Louisiana, et al. | Louisiana | 2023-10-19 | Denied | Response Waived | civil-procedure civil-rights defendant-rights due-process impartial-decisionmaker impartial-jury standing venue venue-transfer voir-dire | Whether a transfer of venue is required before voir dire to ensure a civil defendant's due-process right to an impartial decisionmaker where the entir… |
| 23-357 | Jacob Hilbert v. Missouri | Missouri | 2023-10-04 | Denied | Response Waived | constitutional-rights criminal-procedure defendant-rights due-process jury-trial jury-trial-waiver split-of-authority trial-court-discretion waiver | Petitioner appeared for trial along with counsel. The trial court stated that defense counsel had represented that defense counsel wanted a bench tria… |
| 23-5672 | Michael Lee Mac Cleary v. United States | Ninth Circuit | 2023-09-29 | Denied | Response WaivedIFP | circuit-split criminal-history criminal-procedure defendant-rights due-process judicial-accuracy sentencing townsend-v-burke uncounseled-defendants | Whether the due process right to be sentenced based on accurate information that the Court recognized in Townsend v. Burke, 334 U.S. 736 (1948), is li… |
| 23-5264 | Julio Cesar De La Rosa-De La Cerda v. United States | Fifth Circuit | 2023-08-01 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-5062 | Alfredo Martinez-Rubio v. United States | Fifth Circuit | 2023-07-10 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7852 | Juan Victor Quezada-Lara v. United States | Fifth Circuit | 2023-06-28 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7569 | Andrew Payton v. United States | Fifth Circuit | 2023-05-16 | Denied | Response WaivedIFP | appeal-waiver contract-law criminal-defendant criminal-procedure defendant-rights due-process plea-agreement sentencing-error sentencing-errors voluntary-forfeiture | Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his pl… |
| 22-7477 | Douglas Manning v. Sgt. St. Paul, et al. | Third Circuit | 2023-05-05 | Denied | Relisted (2)IFP | civil-procedure civil-rights culpability damages defendant-rights due-process evidence-interference judicial-discretion legal-standard plaintiff-burden representation standing | (aM VW Aefendartis PePre5e/iiai*on 5o P-elaW H He ;haf/flftd ConSecjt'eO^e HHt P/airHf Should beheld fW rT oi/liy an W/iHHe l)efeniafiH aaV^) H (t\ay… |
| 22-7413 | Nathan G. Flemming v. Tennessee | Tennessee | 2023-04-28 | Denied | Response WaivedRelisted (2)IFP | constitutional-law constitutional-provisions criminal-procedure defendant-rights delay due-process judicial-process presence-of-defendant pronouncement-of-sentence sentencing sentencing-delay | 1. DOES A THIRTEEN MONTH DELAY BETWEEN SENTENCING HEARING AND THE PRONOUNCEMENT OF SENTENCE VIOLATE DUE PROCESS? 2. DOES THE ABSENCE OF A DEFENDANT F… |
| 22-7377 | Jose Isabel Mora-Rodriguez v. United States | Fifth Circuit | 2023-04-26 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7338 | Robert Lemke v. United States | Second Circuit | 2023-04-20 | Denied | Response WaivedIFP | autonomy criminal-autonomy criminal-defendant defendant-rights due-process legal-representation liberty liberty-interests mental-health mental-health-considerations sentencing sentencing-procedure | 1. Whether a criminal defendant's right to autonomy with respect to his defense applies to his sentencing? 2. Whether questions of a criminal defenda… |
| 22-7286 | Vonteak Alexander v. Jane Doe, et al. | Ninth Circuit | 2023-04-14 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | contract-law criminal-procedure defendant-rights due-process judicial-discretion legal-reformation mistake-of-law mutual-mistake plea-agreement | May a court reform an accepted, valid, federal plea agreement containing a mutual mistake of law to circumvent the mistake to the defendant's prejudic… |
| 22-7116 | In Re Ramone L. Wright | 2023-03-27 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure defendant-rights due-process federal-rules-of-criminal-procedure judicial-error plea-agreement plea-bargaining rule-11 rule-52 | 1D cen a prosecutorenter additionc chorses in an indictment withoot the added counts bang Superceded or returned by the Grand Jry while cnder oxith of… | |
| 22-7084 | Christopher Daniel Lutker v. Michigan | Michigan | 2023-03-23 | Denied | IFP | criminal-procedure defendant-rights due-process guilty-plea involuntary-confession knowingly-voluntarily mental-competency plea-bargaining plea-withdrawal sentencing trial-court-discretion | x, £>lP C-HHT^TOpHEM DAHTTT ZHTHE& KNOWTMZZYj I NTT/LLX&TNTIy AND YOIUNTARILYMADE WHEN H E WAS 5J3aK AND SOJU-TN&HIMEJTLF ANDPZMZEP A fiESrACOM uMTL… |
| 22-7030 | John Gabriel Trevino v. United States | Fifth Circuit | 2023-03-16 | Denied | Response WaivedIFP | appellate-review court-compliance criminal-procedure defendant-rights due-process federal-rule-of-criminal-procedure harmless-error judicial-discretion presentence-report sentencing statutory-interpretation | Whether non-compliance with Federal Rule of Criminal Procedure 32(i)(1)(A) may be excused where the defendant fails to show that he or she would have … |
| 22-7016 | Guadalupe Onate-Herrera v. United States | Fifth Circuit | 2023-03-15 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-887 | Rogelio Albino Diaz-Tomas v. North Carolina | North Carolina | 2023-03-15 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | criminal-procedure defendant-rights due-process indefinite-postponement north-carolina plea-bargaining prosecution-postponement speedy-trial | In Klopfer v. North Carolina, 386 U.S. 213 (1967), the Court held unconstitutional a practice unique to North Carolina, under which the state indefini… |
| 22-6983 | Bernardino Berrun-Torres v. United States | Fifth Circuit | 2023-03-10 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6810 | Jason Jarvis v. United States | Sixth Circuit | 2023-02-17 | Denied | Response WaivedIFP | criminal-procedure criminal-prosecution defendant-rights due-process evidence evidentiary-rules fourth-amendment legal-standing prosecutorial-misconduct search-and-seizure suppressed-evidence | 1) Whether suppressed evidence or evidence not belonging to the defendant can be used against the defendant to prosecute him? |
| 22-6716 | Conrado Olivo-Duron v. United States | Fifth Circuit | 2023-02-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6702 | Jason Boyet v. United States | Fifth Circuit | 2023-02-06 | Denied | Response WaivedIFP | appeal-waiver contract-law criminal-defendant criminal-procedure defendant-rights due-process plea-agreement sentencing-error sentencing-errors waiver-enforceability | Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his pl… |
| 22-647 | Ross Anthony Scott v. Texas | Texas | 2023-01-11 | Denied | circuit-split constitutional-interpretation criminal-procedure defendant-rights defendant-silence fifth-amendment liberal-construction prosecutor-comment prosecutorial-comment self-incrimination | In considering whether a prosecutor's comment on a criminal defendant's failure to testify infringes on the defendant's Fifth Amendment privilege agai… | |
| 22-6519 | Thomas Alan Arthur v. United States | Fifth Circuit | 2023-01-11 | Denied | Response WaivedIFP | civil-rights criminal-defense defendant-rights due-process evidence-exclusion free-speech harmful-error harmless-error judicial-review miller-test obscenity obscenity-standard | 1. Should this Court adopt the Seventh Circuit's rule that where a district court erroneously excludes evidence that makes up the entirety of a defend… |
| 22-6451 | Dwayne Edmond Wilson v. Randee Rewerts, Warden | Sixth Circuit | 2023-01-04 | Denied | Response WaivedIFP | 6th-amendment civil-rights constitutional-rights criminal-procedure defendant-rights due-process incarceration judicial-delay liberty speedy-trial | 'rial Rtijkl®rfefefl£t- »to *r& %) (pn)oLCdo^ ^poJyTflcA Claim ufctWI (Je fab \nqty\&TtiCcttc mlpPn o r QppCc^s ^cTxrtCiCcjeici hb n X pfb'fed^ byfh& … |
| 22-6372 | Jose Felipe Cardenas-Ramirez v. United States | Fifth Circuit | 2022-12-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6302 | Selvin Omar Canales v. United States | Fifth Circuit | 2022-12-14 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 22-6106 | David Shane Paquette v. United States | Eleventh Circuit | 2022-11-18 | Denied | Response WaivedIFP | appeal-waiver circuit-split contract-law criminal-procedure defendant-rights due-process plea-agreement | Whether an appeal-waiver provision in a plea agreement is enforceable when the agreement provides the defendant with no benefit. |
| 22-5977 | Bonerge Benitez-Marquez v. United States | Fifth Circuit | 2022-11-02 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-5810 | Martin Perez-Barrios v. United States | Fifth Circuit | 2022-10-12 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-5462 | Wilbur Irick v. New York | New York | 2022-08-29 | Denied | Response WaivedIFP | courtroom-removal criminal-proceedings defendant-rights disruptive-conduct due-process fair-administration-of-justice illinois-v-allen right-to-be-present | Under the "explicit" holding of Illinois v. Allen, 397 U.S. 337, 343 (1970), does a court violate the defendant's right to be present during criminal … |
| 22-5111 | Robert Doyle Harper v. United States | Fifth Circuit | 2022-07-15 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | appeals appellate-waiver circuit-split criminal-law defendant-rights due-process federal-courts federal-criminal-procedure judicial-review miscarriage-of-justice waiver | Whether appellate waivers in federal criminal cases contain an implied exception for judgments that represent a miscarriage of justice? |
| 22-5053 | Jesus Perez-Solis v. United States | Fifth Circuit | 2022-07-08 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8271 | Raul Garcia-Salazar v. United States | Fifth Circuit | 2022-06-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8276 | Isidoro Reyes-Lopez v. United States | Fifth Circuit | 2022-06-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8281 | Jose Carreon-Gonzalez v. United States | Fifth Circuit | 2022-06-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8231 | Fidel Torres-Villanueva v. United States | Fifth Circuit | 2022-06-24 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-1551 | Jamar E. Plunkett v. Dan Sproul | Seventh Circuit | 2022-06-10 | Denied | ambiguity contract-interpretation criminal-procedure defendant-rights due-process judicial-interpretation plea-agreement rule-of-lenity statutory-interpretation | Whether a plea agreement that is subject to more than one reasonable interpretation must be interpreted in the defendant's favor. | |
| 21-7824 | Jerome Scott King v. United States | Eighth Circuit | 2022-05-10 | Denied | Response WaivedIFP | appeal-waiver appellate-review criminal-procedure defendant-rights due-process plea-agreement plea-bargaining sentencing voluntary-waiver | Whether a provision in a plea agreement that bars a defendant from appealing a sentence of imprisonment violates due process and whether it can be kno… |
| 21-7664 | Luis Alonso Sam-Pena v. United States | Ninth Circuit | 2022-04-20 | Dismissed | Response WaivedIFP | bail-reform-act danger defendant-rights due-process flight-risk judicial-discretion pretrial-detention pretrial-services release-conditions | Under the Bail Reform Act of 1984, a judicial officer may order pretrial detention only if, after a hearing, the judicial officer finds that no condit… |
| 21-7482 | Gregory Jean-Louis v. United States | Fifth Circuit | 2022-03-29 | Denied | Response WaivedIFP | appeal-waiver appellate-procedure circuit-split criminal-appeal criminal-defendant criminal-procedure defendant-rights due-process judicial-review sentencing waiver-exception | Should the United States Supreme Court grant certiorari in order the finally resolve the substantial circuit split regarding the "miscarriage—of—justi… |
| 21-7484 | Hayze L. Schoonover v. Illinois | Illinois | 2022-03-29 | Denied | Response WaivedIFP | courtroom-closure defendant-rights media-access overriding-interest public-trial sixth-amendment substantial-reason waller-test | (1) Whether allowing the media to remain in the courtroom preserves a defendant's Sixth Amendment right to a public trial during a partial courtroom c… |
| 21-7404 | Jose Antonio Barahona-Paz v. United States | Fifth Circuit | 2022-03-17 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7352 | Pedro Intzin-Guzman v. United States | Fifth Circuit | 2022-03-11 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7295 | Miguel Lerma-Reyes v. United States | Fifth Circuit | 2022-03-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7278 | Calvin James v. John T. Wilcher, Sheriff, Chatham County, Georgia | Georgia | 2022-03-04 | Denied | Response WaivedIFP | civil-rights constitutional-rights court-procedure criminal-procedure defendant-rights double-jeopardy due-process federalism jurisdiction service-of-process summons | PAINTIFF ENTERED DEFAULT TUDOEMENT AND COURL ENRRED DRORR DS IMPLIEO ON SUMMONS. COURT STILL AUIEI EN DEFENDANTS FAVDR, HOW? PROSECUTINGIFOR HE SAME … |
| 21-7152 | Jeremy Heath Barney v. Pennsylvania | Pennsylvania | 2022-02-17 | Denied | Response WaivedRelisted (2)IFP | 14th-amendment constitutional-rights criminal-conviction criminal-procedure defendant-rights due-process post-conviction-relief resentencing undisturbed-conviction | I. DOES A DEFENDANT HAVE A UNITED STATES CONSTITUTIONAL 14TH AMENDMENT RIGHT UNDER DUE PROCESS - TO ATTACK HIS UNDISTURBED CONVICTION AFTER BEING RESE… |
| 21-7116 | Victor Armando Acevedo v. United States | Ninth Circuit | 2022-02-15 | Denied | IFP | criminal-law criminal-procedure defendant-rights due-process federal-rule-of-criminal-procedure federal-rules-of-criminal-procedure judicial-procedure notice sentencing supervised-release | Whether, under Federal Rule of Criminal Procedure 43(a)(3), a district court can lawfully impose the thirteen "standard" supervised-release conditions… |
| 21-6987 | Marcus Antonio Grubbs v. United States | Eleventh Circuit | 2022-01-27 | Denied | Response WaivedIFP | appeal-waiver contract-law criminal-procedure defendant-rights due-process miscarriage-of-justice procedural-waiver sentencing | Whether a defendant can "knowingly," "voluntarily," and/or "intelligently," execute an appeal waiver of conduct yet to occur in the proceedings, visa-… |
| 21-6944 | Juan Coreno-Garay v. United States | Fifth Circuit | 2022-01-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6784 | Brian James Talbot v. Virginia | Virginia | 2022-01-10 | Denied | Response WaivedIFP | criminal-procedure defendant-rights due-process equal-protection judicial-consistency legal-precedent plea-withdrawal precedent | Can the decision in the present case and the prior decision of the Court of Appeals of Virginia in Williams v. Commonwealth and its progeny, be reconc… |
| 21-6751 | Rudy Mendoza v. United States | Third Circuit | 2022-01-04 | Denied | Response WaivedIFP | criminal-procedure defendant-rights deportation due-process material-evidence materiality victim witness witness-testimony | 1. WHETHER THE GOVERNMENT MUST PROVIDE NOTICE TO A DEFENDANT PRIOR TO UNILATERALLY DEPORTING THE SOLE WITNESS AND SOLE ALLEGED VICTIM OF A PENDING CRI… |
| 21-6492 | Jaime Galvez v. William Muniz, Warden | Ninth Circuit | 2021-12-02 | Denied | IFP | criminal-procedure defendant-rights directed-verdict due-process federal-law harmless-error insanity-defense right-to-remain-silent trial-court-error | 1. Is it clearly established federal law within the meaning of 28 U.S.C. § 2254(d)(1) that a trial court's error, of forcing a criminal defendant to t… |
| 21-6408 | James A. Harnage v. Janine Brennan, et al. | Second Circuit | 2021-11-24 | Denied | Response WaivedIFP | administrative-law civil-rights constitutional-interpretation contract criminal-procedure defendant-rights due-process judicial-discretion plea-agreement settlement-agreement state-action | 1. Whether A state violates The Express Terms of A settlement Agreament By Failing To Inform The Decison Maker of Ther Authorlty To Grant Approvals Th… |
| 21-6269 | Johnathan Dewayne Mitchell v. United States | Eighth Circuit | 2021-11-15 | Denied | Response WaivedRelisted (2)IFP | civil-rights competency criminal-procedure defendant-rights due-process forcible-medication judicial-authority medical-intervention medication mental-health | Whether this Court should resolve an issue of first impression and decide if district courts have the authority to order the forcible medication of co… |
| 21-687 | John Donnelly Sweeney, et al. v. San Francisco Bay Conservation and Development Commission, et al. | California | 2021-11-09 | Denied | Response Waived | administrative-hearing agency-enforcement defendant-rights due-process enforcement-order fair-trial procedural-fairness prosecutorial-misconduct time-limit time-limitation | John Sweeney personally repaired a low dirt levee surrounding a small island in a marsh. Two California agencies, after brief hearings, responded by i… |
| 21-6156 | Vilasini Ganesh v. United States | Ninth Circuit | 2021-11-03 | Denied | Amici (1)Response WaivedIFP | calendar-management conflict-of-interest counsel-conflict counsel-substitution criminal-procedure defendant-rights due-process sixth-amendment substitution trial-court-discretion | A. Do Sixth Amendment safeguards require trial courts to inquire into existing conflicts between counsel and the defendant before a trial court may de… |
| 21-5915 | Thomas D. Holmes v. Randy Gibbs, Warden | Eighth Circuit | 2021-10-06 | Denied | IFP | appellate-review certificate-of-appealability constitutional-rights criminal-procedure criminal-statute defendant-rights due-process habeas-corpus judicial-procedure oral-verdict precedent sentencing | Whether a Certificate of Appealability should have issued on the question of whether a Defendant can be imprisoned pursuant to an orally pronounced ve… |
| 21-5855 | Jeremiah Kyle Blaber v. Oregon | Oregon | 2021-10-04 | Denied | Response WaivedIFP | civil-rights constitutional-due-process criminal-procedure defendant-rights due-process individual-standard medical-appropriateness medical-coercion mental-health mental-health-standard physician-opinion trial-fitness | 1. Can the court medicate a defendant against the opinion of the defendant's treating physician under a "Sell order" (Sell vs. United States) for the … |
| 21-5798 | Willie Israel Navarette v. United States | Eighth Circuit | 2021-09-28 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment criminal-procedure defendant-rights due-process evidence evidence-law impeachment suppression-hearing trial-testimony | 1. Whether testimony from a suppression hearing may be used for impeachment purposes if a defendant testifies at trial. |
| 21-5735 | Juan Manuel Lira-Salinas v. United States | Fifth Circuit | 2021-09-21 | Denied | Response WaivedIFP | burden-of-production burden-of-proof criminal-procedure defendant-rights due-process fifth-circuit sentencing | Whether the Fifth Circuit's practice of shifting the burden of production and proof to the defendant at sentencing violates a defendant's Due Process … |
| 21-5574 | Walter Manuel Marques-Mejia v. United States | Fifth Circuit | 2021-09-03 | Denied | Response WaivedIFP | Almendarez-Torres burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 21-5575 | Frederick Arayatanon v. United States | Fifth Circuit | 2021-09-03 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-trial defendant-rights district-court due-process evidence evidentiary-admission fair-trial jail-telephone-calls presumption-of-innocence | Do-es —t-he—admirs's!on of "jail telephone calls by the District Court during defendant's trial undermine defendant's presumption of innocence? |
| 21-5488 | John Patrick Blackmon v. Jeffrey A. Uttecht, Warden | Ninth Circuit | 2021-08-26 | Denied | Response WaivedIFP | criminal-procedure defendant-rights due-process exceptional-circumstances habeas-corpus judicial-inquiry prior-testimony right-to-testify testimony-waiver trial-procedure waiver | 1. Did events in the second trial establish additional process due the Defendant in any subsequent trial? 2. Was the trial judge's noting the Defenda… |
| 21-5430 | Percy Allen Stucks v. Florida | Florida | 2021-08-24 | Denied | IFP | criminal-procedure defendant-rights due-process florida-law judicial-discretion plea-bargaining plea-withdrawal pre-trial-motion right-to-trial withdrawal-of-plea | Does a Florida defendant have the right to withdraw plea before trial? |
| 21-5135 | Michael Ray Orr v. Texas | Texas | 2021-07-19 | Denied | Response WaivedIFP | closing-argument criminal-procedure defendant-rights demeanor fifth-amendment prosecutorial-misconduct self-incrimination trial-procedure | DID THE TRIAL COURT ERR BY DENYING MR. ORR'S OBJECTION TO IMPROPER CLOSING ARGUMENT BY THE PROSECUTOR? THIS IMPROPER ARGUMENT CONSISTED OF: 1) BY DEL… |
| 20-8425 | Phillip L. Carson v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. | Ninth Circuit | 2021-06-28 | Denied | Response WaivedIFP | 14th-amendment 5th-amendment brady-v-maryland constitutional-rights criminal-procedure defendant-rights due-process evidence-admissibility giglio-v-united-states judicial-precedent supreme-court-review | right to the Due Process of Law? (uscA sth &14 th Amendments) .Has the Supreme Courtof the Vnited States overtured its own Precident in Brady V. Mary… |
| 20-7793 | Edgar Ivan Lira Estrada v. United States | Fifth Circuit | 2021-04-16 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-7583 | Thomas Mark Hild v. Colorado | Colorado | 2021-03-26 | Denied | IFP | 6th-amendment autonomous-rights constitutional-procedure criminal-justice defendant-rights due-process effective-assistance effective-assistance-of-counsel habitual-criminal plea-bargaining plea-negotiations prior-convictions | 1) Given this Court has ruled that our criminal justice system is largely a system of pleas rather than trials, is there a constitutional requirement … |
| 20-7542 | Calvin Lewis Carter, III v. Illinois | Illinois | 2021-03-23 | Denied | IFP | court-procedure criminal-procedure defendant-rights evidentiary-rulings fourth-amendment judicial-interpretation legal-challenge privacy procedural-rules search seizure standing | Question not identified. |
| 20-7509 | Erik Santiago Leon Del Angel v. United States | Ninth Circuit | 2021-03-19 | Denied | Response WaivedIFP | continuance criminal-procedure defendant-rights district-court-discretion due-process immigration immigration-proceedings judicial-error jurisdiction procedural-fairness sentencing sentencing-continuance | Did the District Court prejudicially err by denying petitioner's request to continue his sentencing so he may first appear in Immigration Court? |
| 20-7456 | Rafael Ayala-Solorio v. United States | Fifth Circuit | 2021-03-15 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-7379 | Miguel Angel Corujo Mercado v. Florida | Florida | 2021-03-09 | Denied | IFP | conspiracy constitutional-protection continuous-act criminal-conspiracy criminal-law criminal-procedure defendant-rights double-jeopardy due-process fifth-amendment multiple-charges | CAN A CRIMINAL DEFENDANT BE CHARGED AND CONVICTED WITH MULTIPLE CONSPIRACIES FOR A SINGLE CONTINUOUS CONSPIRACY ACT WITHOUT VIOLATING RIGHT TO BE FREE… |
| 20-7232 | Raul Almanza-Portillo v. United States | Fifth Circuit | 2021-02-24 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-1154 | Adan Torres-Nieves v. United States | Ninth Circuit | 2021-02-23 | Denied | Response Waived | 9th-circuit ambiguity ambiguity-resolution defendant defendant-rights government-breach legal-precedent plea-agreement precedent | Did the 9th Circuit significantly depart from its own precedent when it failed to resolve ambiguity in favor of the defendant in its determination of … |
| 20-7220 | Antonio Diaz-Agurcia v. United States | Fifth Circuit | 2021-02-23 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-6992 | Bobbie Lewis Mayes v. United States | Fifth Circuit | 2021-02-01 | Denied | Response WaivedIFP | booker criminal-procedure defendant-rights due-process johnson johnson-precedent mandatory-guidelines pre-booker pre-booker-era sentencing-challenge sentencing-guidelines | Whether a defendant has a right under Johnson to challenge a sentence ordered pre-Booker, when applying the Sentencing Guidelines was mandatory. |
| 20-6884 | Luis Alberto Andrade-Salas v. United States | Fifth Circuit | 2021-01-14 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-6810 | Michael Lanier Watkins v. Georgia | Georgia | 2021-01-08 | Denied | IFP | criminal-procedure defendant-rights due-process ineffective-assistance judicial-discretion lesser-included-offense sixth-amendment trial-counsel | Did Petitioner receive ineffective assistance of counsel when his trial counsel, against Petitioner's instruction, asked the trial court to return a c… |
| 20-6411 | Miguel A. Ramirez v. California | California | 2020-11-24 | Denied | IFP | civil-rights criminal-conviction criminal-procedure cumulative-error defendant-rights due-process evidence-admissibility jury-instructions prejudicial-error sexual-abuse | 1. whetheR a juRy InstRuction in corractly Stating That Continous Sexual abuse of a child is a general intent cRime was PRejudiciael? 2. Whothek the … |
| 20-6408 | Jose Hilario Fernandez-Vargas v. United States | Fifth Circuit | 2020-11-23 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-6401 | In Re Gregory Richardson | 2020-11-20 | Denied | IFP | civil-rights constitutional-rights criminal-appeal criminal-procedure defendant-rights due-process habeas-corpus ineffective-assistance-of-counsel legal-procedure lower-court-decision standing supreme-court-review | Question not identified. | |
| 20-6389 | Tomas Martinez-Rodriguez v. United States | Fifth Circuit | 2020-11-19 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-6334 | Chrishma Hunter Singhderewa v. Superior Court of California, Los Angeles County, et al. | California | 2020-11-16 | Denied | Relisted (2)IFP | civil-procedure civil-rights constitutional-rights defendant-rights due-process judicial-procedure legal-representation motion-to-appear representation standing | Is the State of California denying a citizen of the United States of America their constitutional right to representation by refusing to acknowledge a… |
| 20-6254 | Roberto Yoquigua Lopez v. United States | Ninth Circuit | 2020-11-09 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment confidentiality criminal-procedure defendant-rights due-process duress-defense fair-trial fifth-amendment pre-trial-disclosure sixth-amendment testimonial-confidentiality | Whether and to what extent the Fifth and Sixth Amendments permit a defendant to keep all of the details of his duress confidential before trial, or wh… |
| 20-5882 | Omero Nino-Guerrero v. United States | Fifth Circuit | 2020-10-01 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-5862 | Markey Antonio Goldston v. United States | Fourth Circuit | 2020-09-30 | Denied | Response WaivedIFP | appeal-waiver appellate-rights constitutional-law constitutional-rights criminal-procedure defendant-rights due-process government-overreach plea-agreement plea-bargaining | 1. IS A DEFEDANT'S RIGHT TO DUE PROCESS OF LAW VIOLATED WHEN THE GOVERNMENT REQUIRES AN APPEAL WAIVER AS PART OF A PLEA AGREEMENT? |
| 20-5708 | Fagbemi Miranda v. Massachusetts | Massachusetts | 2020-09-15 | Denied | Response WaivedIFP | criminal-defense criminal-procedure defendant-rights fundamental-decision fundamental-decisions legal-representation right-to-counsel self-representation sixth-amendment trial-strategy | Does the defendant's Sixth Amendment right to make fundamental decisions about his case include the right to choose which defense to present at trial? |
| 20-5653 | Hermenegildo Margarito Espinoza Espinoza v. United States | Fifth Circuit | 2020-09-10 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | 1) Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and eith… |
| 20-5479 | Santos Mondragon Benitez v. United States | Fifth Circuit | 2020-08-25 | Denied | Response WaivedIFP | burden-of-proof criminal-indictment criminal-procedure defendant-rights due-process jury-determination jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-5226 | Jose Flores-Dominguez v. United States | Fifth Circuit | 2020-07-30 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 20-5161 | Roberto Gonzalez-Gatica v. United States | Fifth Circuit | 2020-07-27 | Denied | Response WaivedIFP | constitutional-procedure criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5173 | Juan Domingo Velazquez v. Texas | Texas | 2020-07-24 | Denied | IFP | court-appointed-counsel criminal-procedure defendant-rights due-process ineffective-assistance jury-trial plea-of-not-guilty right-to-counsel sixth-amendment structural-error | Was it "structural error" that violated Petitioner's Sixth Amendment autonomy rights when Petitioner's court appointed counsel conceeded his client's … |
| 19-8812 | Alfonso Pineda-Hernandez v. United States | Seventh Circuit | 2020-06-25 | Denied | Response WaivedIFP | constitutional-question constitutional-rights court-interpretation criminal-procedure defendant-rights due-process fair-trial interpretation translation translation-rights | Under what circumstances does a live, in-court translation violate a criminal defendant's due process rights? |
| 19-8791 | Jose Angel Vasquez-Soto v. United States | Fifth Circuit | 2020-06-23 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-8588 | Robert Donelson v. United States | Eleventh Circuit | 2020-06-02 | Denied | IFP | 404(b) circuit-split criminal-case criminal-procedure defendant-rights evidence-rule federal-rules federal-rules-of-evidence prior-act-evidence propensity-evidence propensity-free-link | Whether Federal Rule of Evidence 404(b)'s prohibition against prior act evidence requires the government to demonstrate a propensity-free link between… |
| 19-8247 | John Wilson v. Florida | Florida | 2020-04-13 | Denied | IFP | competency-hearing criminal-procedure defendant-rights due-process judicial-procedure mental-competency self-representation sixth-amendment trial-court trial-court-discretion | WHETHER THE TRIAL COURT WAS OBLIGATED TO DETERMINE THE MENTAL COMPETENCY OF A DEFENDANT BEFORE GRANTING HIM THE RIGHT TO REPRESENT HIMSELF AT TRIAL IF… |
| 19-7911 | Thomas William Cornelius, Jr. v. United States | Ninth Circuit | 2020-03-09 | Denied | Response WaivedIFP | 2255-motion 28-usc-2255 appeal criminal-procedure defendant-rights due-process habeas-corpus physical-presence right-to-be-present sentencing | With respect to a defendant who does not waive his right to be physically present during a re-sentencing hearing, held pursuant to a stipulated resolu… |
| 19-7833 | Inocente Rodriguez-Juarez v. United States | Fifth Circuit | 2020-03-02 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-7608 | Juan Perez-Roman v. United States | Fifth Circuit | 2020-02-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-7518 | Baltazar Reyes Garcia, Angel Serrano Carreno, and Hector Contreras Ibarra v. United States | Ninth Circuit | 2020-01-31 | Denied | Response WaivedIFP | 6th-amendment civil-procedure criminal-procedure defendant-rights district-court-discretion due-process juror-bias juror-inquiry juror-safety jury-bias jury-inquiry ninth-circuit-precedent standing | Whether a district court must hold a requested jury inquiry after a juror makes statements indicating the juror has a potential source of bias because… |
| 19-7333 | Eduardo Luis Martinez-Paz v. United States | Fifth Circuit | 2020-01-17 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-7220 | Francisco Guerrero-Saucedo v. United States | Fifth Circuit | 2020-01-09 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-7117 | Vance Edward Ingram, III v. United States | Fourth Circuit | 2019-12-31 | Denied | Response WaivedIFP | appeal-waiver appellate-procedure constitutional-law constitutional-rights criminal-procedure defendant-rights due-process government-power plea-agreement plea-bargaining waiver | IS A DEFEDANT'S RIGHT TO DUE PROCESS OF LAW VIOLATED WHEN THE GOVERNMENT REQUIRES AN APPEAL WAIVER AS PART OF A PLEA AGREEMENT? |
| 19-7132 | Ric Thomason, Jr. v. United States | Eleventh Circuit | 2019-12-31 | Denied | Response WaivedIFP | abuse-of-discretion criminal-procedure defendant-presence defendant-rights district-court-discretion due-process judicial-procedure modified-sentence resentencing sentencing | WHETHER THE DISTRICT COURT ABUSED ITS DISCRETION IN FAILING TO HOLD A RESENTENCING HEARING, WITH THE DEFENDANT, PRESENT PRIOR TO IMPOSING A MODIFIED S… |
| 19-7088 | Marcos Cortez-Rogel v. United States | Fifth Circuit | 2019-12-30 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-7104 | Julio Cesar Pacheco-Astrudillo v. United States | Fifth Circuit | 2019-12-30 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-6795 | Abraham Conde-Herrera v. United States | Fifth Circuit | 2019-12-02 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-6796 | Valentin Castanon-Renteria v. United States | Fifth Circuit | 2019-12-02 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-6773 | Edgar Ortega-Limones v. United States | Fifth Circuit | 2019-11-27 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-6634 | Kathryn Woodin Markle v. United States | Fifth Circuit | 2019-11-14 | Denied | Response WaivedIFP | appellate-review burden-of-production burden-of-proof criminal-procedure defendant-rights due-process evidence government-burden pre-sentence-report sentencing sentencing-guidelines sentencing-objection | Does the defendant bear the burden of production to rebut information found in a pre-sentence report after objecting to that information, or instead, … |
| 19-6582 | Roberto Carlos Martinez-Mendoza v. United States | Fifth Circuit | 2019-11-12 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6500 | Horacio Dominguez-Villalobos v. United States | Fifth Circuit | 2019-11-05 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-6290 | Servando Pineda-Castellanos v. United States | Fifth Circuit | 2019-10-17 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-6199 | Emeterio Espino Ramirez v. United States | Fifth Circuit | 2019-10-09 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-6094 | Andres Herrera-Segovia v. United States | Fifth Circuit | 2019-09-27 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-6042 | Gerardo Tajonar Cortes v. United States | Fifth Circuit | 2019-09-25 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-5970 | Murad Razzaq v. Kansas | Kansas | 2019-09-17 | Denied | Response WaivedIFP | criminal-evidence criminal-procedure defendant-rights due-process due-process-clause evidence evidentiary-rules prior-bad-acts prior-crimes propensity-evidence state-prosecution state-supreme-courts unrelated-crimes | Does a state violate a defendant's due process rights by admitting evidence of a prior, unrelated crime? |
| 19-5907 | Luis Castaneda-Torres v. United States | Fifth Circuit | 2019-09-11 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-5865 | Pablo Sauste Balderas v. United States | Fifth Circuit | 2019-09-09 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-5829 | Yoni Castro-Lopez v. United States | Fifth Circuit | 2019-09-05 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-5455 | Jesus Rios-Garza v. United States | Fifth Circuit | 2019-08-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-5362 | Kasine Deleston v. United States | Second Circuit | 2019-07-26 | Denied | Response WaivedIFP | and Ultimately Breached if it Contains an Unfulfi ambiguity breach-of-contract criminal-procedure defendant-rights due-process government-breach government-misconduct plea-agreement plea-bargaining plea-withdrawal sentencing sentencing-stipulation withdrawal-of-plea | Whether a Plea Can be Ambiguous, and Ultimately Breached if it Contains an Unfulfillable Sentencing Stipulation and the Government Fails to Offer the … |
| 19-5269 | Reginald Christopher Gilbert v. United States | Fifth Circuit | 2019-07-22 | Denied | IFP | appellate-procedure appellate-review criminal-law criminal-procedure defendant-rights federal-rules-of-criminal-procedure judicial-review jurisdiction objection reasonableness reasonableness-standard sentencing sentencing-review | Whether a formal objection after pronouncement of sentence is necessary to invoke appellate reasonableness review of the length of a defendant's sente… |
| 19-5197 | Eric T. Roden v. United States | Ninth Circuit | 2019-07-16 | Denied | Response WaivedIFP | appeal article-iii-judge criminal-defendant criminal-procedure defendant-rights due-process federal-sentencing federal-sentencing-guidelines judicial-discretion ninth-circuit sentencing sentencing-guidelines waiver | WHETHER THE NINTH CIRCUIT PANEL CORRECTLY CALCULATED GUIDELINES RANGE FOR USE AT A FEDERAL SENTENCING HEARING. |
| 19-5138 | Jesus Alonso Gonzalez Gonzalez, aka Jesus Gonzalez, aka Jesus Alonzo Gonzalez, aka Alonzo Gonzalez, aka Roberto Soto v. United States | Fifth Circuit | 2019-07-10 | Denied | Response WaivedIFP | allocution allocution-error appellate-review criminal-procedure defendant-objection defendant-rights due-process federal-rules-of-criminal-procedure judicial-error plain-error procedural-review rule-51b sentencing | 1. Whether allocution error deprives the defendant of an opportunity to object to that error within the meaning of Federal Rule of Criminal Procedure … |
| 18-9806 | Karlynn Romeo Tones, Donta Lyvoid Blackmon, and Arvin Terrill Carmen v. United States | Ninth Circuit | 2019-06-26 | Denied | Response WaivedIFP | conspiracy constitutional-rights criminal-conspiracy criminal-procedure defendant-rights due-process indictment indictment-specificity jury-instructions jury-unanimity trial-evidence unanimity | Do federal criminal defendants have a constitutional right to a specific unanimity instruction requiring the jury to unanimously define the duration a… |
| 18-1579 | Ronnie Ricks, Jr. v. Texas | Texas | 2019-06-25 | Denied | Response Waived | 5th-amendment criminal-procedure custodial-interrogation defendant-rights due-process evidence miranda right-to-counsel self-incrimination sixth-amendment testimonial-evidence video-evidence | Whether showing a videotape containing invoked his right to counsel? |
| 18-9776 | Irineo Ponce-Recendiz v. United States | Fifth Circuit | 2019-06-25 | Denied | Response WaivedIFP | allocution allocution-error appellate-review criminal-procedure defendant-objection defendant-rights due-process federal-rules-of-criminal-procedure judicial-procedure legal-error plain-error preservation-of-error rule-51b sentencing | 1. Whether allocution error deprives the defendant of an opportunity to object to that error within the meaning of Federal Rule of Criminal Procedure … |
| 18-9616 | Rocky Riojas-Ordaz v. United States | Fifth Circuit | 2019-06-13 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 18-9502 | Christian Vazquez Capistran v. United States | Fifth Circuit | 2019-05-31 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 18-9143 | Justin D. Fuller v. United States | Sixth Circuit | 2019-05-06 | Denied | Response WaivedIFP | affidavit-discrepancies burden-of-production criminal-procedure-franks-hearing,evidence,thresho defendant-rights due-process evidentiary-threshold franks-hearing government-evidence judicial-error pre-franks-procedure threshold-determination | 1. When in a "Pre-Franks'" procedure does a Court "error by considering evidence submitted by the government to make the threshold determination of a … |
| 18-9160 | Radomysl Twardowski v. Bismarck Police Department, et al. | Eighth Circuit | 2019-05-06 | Denied | IFP | civil-rights due-process jury-trial mental-health right-to-counsel statute-of-limitations civil-commitment civil-rights constitutional-provisions criminal-sentencing defendant-rights due-process judicial-discretion mental-health psychological-treatment right-to-counsel statute-of-limitations | 1. SHOULD THERE BE A STATUTE OF LIMITATIONS ON GRAVE MORAL PSYCHOLOGICAL AND PHYSICAL PERSONAL INJURIES ACTIONS WHICH CONTRIBUTE SIGNIFICANTLY TO WRON… |
| 18-8978 | Rico Montell Reid v. United States | Fourth Circuit | 2019-04-24 | Denied | Response WaivedIFP | criminal-procedure criminal-procedure-11 defendant-rights district-court due-process judicial-coercion judicial-discretion plea-agreement plea-bargaining presentence-report sentencing sentencing-guidelines withdrawal-of-plea | Whether Federal Rule of Criminal Procedure 11 prohibits a district court from discussing sentencing options with a defendant at the sentencing hearing… |
| 18-8782 | Cesar Lopez-Rodriguez v. United States | Fifth Circuit | 2019-04-10 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 18-8690 | Dagoberto Ontiveros v. Michael Pacheco, Warden, et al. | Tenth Circuit | 2019-04-08 | Denied | Response WaivedIFP | anders-appeal anders-v-california appellate-review constitutional-law criminal-procedure defendant-rights direct-appeal due-process legal-ethics legal-frivolity right-to-counsel | When rejecting a criminal defendant's direct appeal under the provisions of Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967… |
| 18-8499 | Nestor David Vasquez v. United States | Ninth Circuit | 2019-03-20 | Denied | Response WaivedIFP | almendarez-torres apprendi constitutional-fairness courtroom-prejudice courtroom-security defendant-rights defendant-specific-security fair-trial fair-trial-rights inherent-prejudice inherently-prejudicial judicial-procedure ninth-circuit-review prior-conviction prior-convictions sentencing-enhancements trial-security | 1. In Holbrook v. Flynn , 475 U.S. 560, 570-72 (1986), the Court held that the mere presence of guards at a trial was not so inherently prejudicial th… |
| 18-8443 | James F. Oliveira v. Patricia A. Coyne-Fague, et al. | First Circuit | 2019-03-19 | Denied | Response WaivedIFP | constitutional-law constitutional-provisions constitutional-rights criminal-justice criminal-procedure defendant-rights due-process judicial-review jurisdiction speedy-trial statutory-interpretation trial-procedure | Question presented being important to administration of Criminal Justice. If the defendant James F. Oliveira had been granted his Speedy Trial, would… |
| 18-8414 | Dennis E. v. Matthew J. D'Emic, Administrative Judge, Supreme Court of New York, 2nd Judicial District, et al. | New York | 2019-03-13 | Denied | Response WaivedIFP | civil-rights constitutional-rights criminal-procedure defendant-rights due-process equal-protection jackson-v-indiana standing state-law | 1. Whether the State may compel relief under Jackson, over a defendant's objection, claiming in substance that the State law is unconstitutional, and … |
| 18-8387 | Delmart E. J. M. Vreeland, II v. David Zupan, Warden, et al. | Tenth Circuit | 2019-03-12 | Denied | Response WaivedIFP | conflicting-rulings defendant-rights due-process forfeiture implied-waiver intelligent judicial-discretion knowing right-to-counsel trial-court-procedure voluntary waiver waiver-of-counsel | Whether a trial court violates this Court's requirement that any waiver of counsel be knowing, voluntary and intelligent when it forces a defendant to… |
| 18-8120 | Jerry Lynn Lofton v. Mississippi | Mississippi | 2019-02-25 | Denied | Response WaivedIFP | criminal-procedure criminal-trial defendant-rights due-process fifth-amendment jury-instruction jury-instructions prosecutorial-comment prosecutorial-misconduct right-to-silence self-incrimination testimonial-privilege | Whether a prosecutor who this Court has held may not comment to a jury concerning a defendant's failure to testify in a criminal trial may submit his … |
| 18-8130 | Eduardo Segoviano-Briseno v. United States | Fifth Circuit | 2019-02-25 | Denied | Response WaivedIFP | consideration contract-law criminal-procedure defendant-rights due-process federal-courts judicial-interpretation legal-consideration plea-agreement plea-bargaining sentencing | 1. Whether principles of contract law require consideration (benefit to the defendant) to support a valid plea agreement. |
| 18-7944 | Jerkeno Wallace v. United States | Second Circuit | 2019-02-13 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure defendant-rights due-process evidence judicial-discretion non-testifying-defendant remorse remorse-consideration right-to-silence sentencing sentencing-error | WHEN COURT CONSIDERED OBSERVATIONS OF THE NON-TESTIFYING DEFENDANT AS BASIS OF PROVING NO REMORSE |
| 18-7948 | Cesar Carapia Hernandez v. United States | Fifth Circuit | 2019-02-13 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 18-7694 | Raymond Crespo v. New York | New York | 2019-01-31 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | appeal criminal-procedure defendant-rights due-process faretta-v-california judicial-discretion legal-timeliness pro-se-representation right-to-counsel right-to-self-representation self-representation timeliness | "How soon in the criminal proceeding must a defendant decide between proceeding by counsel or pro se?" Faretta v. California, 422 U.S. 806, 852 (1975)… |
| 18-7607 | Bruce White v. United States | Seventh Circuit | 2019-01-28 | Denied | Response WaivedIFP | counsel-actions criminal-procedure criminal-procedure-plea-bargaining defendant-rights due-process federal-rules-of-criminal-procedure ineffective-assistance-of-counsel motion-withdrawal plea-agreement plea-bargaining right-to-counsel sentencing voluntary-plea withdrawal-of-plea | IF A PLEA WAS NOT ENTERED VOLUNTARY, INTELLIGENTLY, OR KNOWINGLY WILL THAT BE CONSIDERED GROUNDS TO FILE A MOTION FOR WITHDRAWAL OF A PLEA AGREEMENT P… |
| 18-7504 | Raphael R. Hamilton v. Joe M. Allbaugh, Director, Oklahoma Department of Corrections | Tenth Circuit | 2019-01-18 | Denied | IFP | circuit-court-discretion coercion competency criminal-procedure defendant-rights due-process guilty-plea guilty-plea-withdrawal jurisdiction jurisdictional-issue right-to-withdraw standard-of-review statutory-interpretation | WHETHER THE TENTH CIRCUIT COURT OF APPEALS ERRED BY NOT REVERSING THE TRIAL COURTS ORDER DENYING PETITIONER HIS RIGHT TO WITHDRAWAL OF THE GUILTY PLEA… |
| 18-7356 | Jack Gossett v. United States | Fifth Circuit | 2019-01-10 | Denied | Response WaivedIFP | criminal-procedure criminal-trial-procedure defendant-rights due-process expert-testimony government-agent-testimony jury-influence prejudice reasonable-doubt reversible-error substantial-rights untendered-expert-testimony | Did the testimony of a government agent, having not been tendered as an expert witness after interpreting and explaining events that he DID NOT observ… |
| 18-7307 | Yoni Rayo-Espinoza v. United States | Fifth Circuit | 2019-01-09 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 18-7029 | Jorge Ruelas-Martinez v. United States | Fifth Circuit | 2018-12-13 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-6867 | Alberto Jorge Silva-Ibarra v. United States | Fifth Circuit | 2018-11-28 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 18-6770 | David Nino-Flores v. United States | Fifth Circuit | 2018-11-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-6565 | Charles C. Gore v. Illinois | Illinois | 2018-11-06 | Denied | Response WaivedIFP | 6th-amendment adversarial-proceedings constitutional-rights courtroom-closure criminal-procedure critical-stage-of-trial defendant-rights jury-deliberations public-accountability public-trial right-to-public-trial | Whether the right to a public trial is violated when the trial court closes the courtroom while addressing questions posed by the jury during delibera… |
| 18-6473 | Jeremy Bernard Harrison v. United States | Fifth Circuit | 2018-10-29 | Denied | Response WaivedIFP | allocution allocution-error appellate-review criminal-procedure defendant-objection defendant-rights due-process federal-rules-of-criminal-procedure judicial-error plain-error preservation-of-error rule-51b sentencing | 1. Whether allocution error deprives the defendant of an opportunity to object to that error within the meaning of Federal Rule of Criminal Procedure … |
| 18-6377 | Rashad Woodside v. United States | Sixth Circuit | 2018-10-19 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-rights counsel-presence criminal-procedure defendant-rights due-process limited-remand open-court resentencing right-to-be-present right-to-counsel sentencing | Whether a defendant has the right to be present with counsel at a resentencing hearing where the reasons for the sentence are stated in open court aft… |
| 18-6293 | Alfredo Martinez-Rey v. United States | Fifth Circuit | 2018-10-11 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 18-6270 | Cornelius Lynch v. Ohio | Ohio | 2018-10-10 | Denied | Response WaivedIFP | constitutional-law constitutional-protection criminal-procedure defendant-rights double-jeopardy double-jeopardy,criminal-procedure,constitutional- due-process mistrial retrial trial-procedure | May a state, consistent with the protections of the Double Jeopardy Clause, try a defendant a second time when the first trial ended in a mistrial whi… |
| 18-255 | George Briscoe v. Texas | Texas | 2018-08-28 | Denied | criminal-procedure defendant-rights due-process fair-trial indictment indictment-amendment indictment-modification jury-selection prosecutorial-discretion statutory-interpretation texas-criminal-procedure vagueness | Can a defendant receive a fair trial when the plain language of a statute is ignored to allow the government to change the indictment after a jury has… | |
| 18-238 | South Carolina v. Lamont Antonio Samuel | South Carolina | 2018-08-23 | Denied | court-of-appeals criminal-procedure defendant-rights due-process ethics faretta-v-california judicial-conduct judicial-discretion judicial-integrity self-representation sixth-amendment unethical-conduct | Did the South Carolina Supreme Court err when it held — in conflict with many federal courts of appeals — that a trial court may not deny a criminal d… | |
| 18-5378 | Alejandro Chavez-Garcia v. United States | Fifth Circuit | 2018-07-27 | Denied | Response WaivedIFP | alleyne-v-united-states apprendi-v-new-jersey burden-of-proof criminal-procedure defendant-rights indictment jury-beyond-reasonable-doubt jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 18-5301 | Cahlan Clay v. United States | Eighth Circuit | 2018-07-20 | Denied | Response WaivedIFP | compulsory-process confrontation-clause criminal-defense criminal-procedure cross-examination defendant-rights defense-strategy due-process evidence fair-trial judicial-discretion jury-instructions jury-trial trial-procedure witness-examination | Whether a court may dictate the manner by which a defendant presents his case to the jury by forcing defense counsel to rely exclusively on the cross-… |