| 24-6905 |
Jonathon William-Durand Neuhard v. United States |
Sixth Circuit |
2025-04-01 |
Denied |
Response WaivedIFP |
autism-representation criminal-defense diminished-capacity effective-assistance-counsel sentencing-mitigation sixth-amendment |
WHETHER A TRIAL DEFENSE ATTORNEY, REPRESENTING AN ADULT AUTISTIC CRIMINAL DEFENDANT, WHO ENLISTS AS EXPERT WITNESSES TWO MENTAL HEALTH PROFESSIONALS W… |
| 22-7830 |
Steven Nicholson v. Noah Nagy, Warden |
Sixth Circuit |
2023-06-23 |
Denied |
Response WaivedIFP |
14th-amendment 6th-circuit constitutional-rights diminished-capacity due-process federal-circuit-courts michigan-law rule-of-law voluntary-intoxication |
Does the 6th Circuit Court of Appeals position to acquiesce to MCL 768.37 by not interfering with Michigan's jurisdiction conflict with how multiple U… |
| 22-5383 |
Lynn M. Giovanni v. New Jersey |
New Jersey |
2022-08-18 |
Denied |
IFP |
criminal-defense diminished-capacity guilty-plea ineffective-assistance insanity-defense psychiatric-evaluation sentencing sentencing-mitigation strickland-standard strickland-v-washington withdrawal |
DOES THE ACTION/INACTION OF DEFENSE COUNSEL, IN FAILING TO UTILIZE OR UNDER-UTILIZING THE FAVORABLE PSYCHATRIC REPORTS COMPILED FOR THE DEFENSE IN ASS… |
| 19-939 |
Stephen Gustus v. United States |
Eighth Circuit |
2020-01-28 |
Denied |
|
circuit-split criminal-law diminished-capacity due-process intent-standard mens-rea postal-service-employee statutory-interpretation |
Whether 18 U.S.C. §111 is a specific-intent or general-intent offense. |
| 19-714 |
Pennsylvania v.William R. Landis, Jr. |
Pennsylvania |
2019-12-05 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
blueford-v-arkansas criminal-procedure diminished-capacity double-jeopardy double-jeopardy-clause lesser-included-offense mens-rea murder murder-charges poland-v-arizona precedent retrial |
Did the Superior Court of Pennsylvania err in finding that the reinstatement of Murder in the Third Degree upon the award of a new trial violated the … |
| 19-6192 |
Lagenza Junious v. Pennsylvania |
Pennsylvania |
2019-10-07 |
Denied |
IFP |
criminal-procedure diminished-capacity ineffective-assistance ineffective-assistance-of-counsel involuntary-intoxication involuntary-plea mens-rea plea-bargaining sixth-amendment strickland-standard strickland-v-washington |
1. PETITIONER, LAGENZA JUNIOUS, ALLEGED THAT HIS TRIAL COUNSEL WAS INEFFECTIVE FOR FAILING TO RAISE A DIMINISHED CAPACITY DEFENSE TO FIRST DEGREE MURD… |
| 19-6125 |
Francis G. Hernandez v. Ronald Davis, Warden |
Ninth Circuit |
2019-10-02 |
Denied |
IFP |
appellate-review child-abuse criminal-procedure diminished-capacity habeas-corpus head-injuries ineffective-assistance ineffective-assistance-of-counsel mental-illness ninth-circuit prejudice-analysis strickland-standard strickland-v-washington |
1. Counsel admitted that he did not know that his chosen defense, diminished capacity, could be based upon mental illness. As a result, counsel never … |
| 18-9084 |
Edward JoRodge Gladney v. United States |
Fifth Circuit |
2019-05-02 |
Denied |
Response WaivedIFP |
criminal-procedure diminished-capacity due-process evidentiary-hearing expert-testimony ineffective-assistance ineffective-assistance-of-counsel mental-capacity plea-bargaining plea-voluntariness sentencing sentencing-mitigation |
I. Whether the district court erred or abused its discretion by failing to hold an evidentiary hearing after grant of COA on contested factual allegat… |
| 18-8547 |
Zachary Joseph Biggs v. Washington |
Washington |
2019-03-25 |
Denied |
IFP |
appellate-review criminal-intent criminal-procedure diminished-capacity first-degree-rape ineffective-assistance ineffective-assistance-of-counsel mens-rea ninth-circuit prejudice |
Mr. Biggs alleged that his trial counsel was ineffective for failing to raise the defense of diminished capacity. The facts and evidence in the record… |
| 18-8346 |
Danilo Velasquez v. United States |
Ninth Circuit |
2019-03-08 |
Denied |
Response WaivedIFP |
appeal constitutional-rights criminal-procedure diminished-capacity due-process evidence expert-testimony fundamental-rights life-sentence ninth-circuit sentencing |
Did the Ninth Circuit fail to protect petitioner's fundamental due process right to present his complete defense when it approved the district court's… |
| 18-6093 |
Brian Tate v. Maryland |
Maryland |
2018-09-26 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights developmental-capacity diminished-capacity due-process fifth-amendment fourteenth-amendment guilty-plea juvenile-defendant juvenile-justice maryland-rule-4-242(c) mental-illness |
Whether the Due Process Clause of the Fifth Amendment, applicable to the States through the Fourteenth Amendment, and MARYLAND RULE 4-242(c), requires… |