double-jeopardy
709 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6866 | Ohio, ex rel. Malik Allah-U-Akbar v. David A. Schroeder, Judge, Court of Common Pleas of Ohio, Ashtabula County | Ohio | 2026-02-20 | Pending | IFP | cruel-and-unusual-punishment double-jeopardy due-process jurisdiction vacated-conviction void-ab-initio | 1. Whether, consistent with Hewitt v. United States, 145 S. Ct. 2165 (2025), a vacated conviction is void ab initio and wholly nullified, such that co… |
| 25-6769 | In Re David J. Gottorff | 2026-02-10 | Denied | IFP | collateral-estoppel constitutional-rights double-jeopardy due-process first-amendment sixth-amendment | Question 1. Whether the arrest and prosecution of the Petitioner in Ouray District Court case 2022 CR 8 was in criminal violation of 18 U.S.C. 1512(d)… | |
| 25A871 | Malik Allah-U-Akbar v. David Schroeder, Judge | Ohio | 2026-02-03 | Denied | double-jeopardy due-process habeas-corpus judicial-factfinding sixth-amendment suspension-clause | Question not identified. | |
| 25-6666 | Daniel Carlos Garcia v. Chad Bianco, Sheriff, Riverside County, California | Ninth Circuit | 2026-01-29 | Pending | IFP | collateral-estoppel constitutional-claim double-jeopardy habeas-petition penal-code younger-abstention | 1. Whether the District Court erred in dismissing Petitioner's habeas petition on Younger abstention grounds without addressing the threshold question… |
| 25-6568 | James Dorelus v. United States | Eleventh Circuit | 2026-01-13 | Denied | Response WaivedIFP | constitutional-rights double-jeopardy drug-trafficking firearm-offense safety-valve sentencing-reduction | Where a defendant pleads guilty to the crime of carrying a firearm during and in relation to a drug trafficking crime in violation of 18 USC § 924(c)(… |
| 25-6477 | Warren Harold Brown v. United States | Fourth Circuit | 2026-01-05 | Denied | Response WaivedIFP | constitutional-law criminal-conspiracy double-jeopardy hobbs-act judicial-precedent sentencing | Whether Callanan v. United States, 364 U.S. 587 (1961), should be overruled or limited as violative of the Double Jeopardy Clause where petitioner was… |
| 25-6444 | Rashid Muhammad Abdullah v. City of Plant City, Florida, et al. | Florida | 2025-12-30 | Pending | IFP | collateral-estoppel double-jeopardy due-process fourteenth-amendment fourth-amendment warrantless-seizure | The doctrine of collateral estoppel or the Double Jeopardy Clause precludes a municipality from re-litigating factual determinations resolved in the p… |
| 25-6379 | Kevin Ogden v. George Stephenson, Warden, et al. | New Mexico | 2025-12-16 | Denied | IFP | constitutional-rights corrections-department disciplinary-procedures double-jeopardy legal-process witness-treatment | Does the State of N.M. practice illegal Law violating the N.M. Corrections Department and its facilities? Does the State of N.M. commit fraud by fili… |
| 25A694 | Andrew Burgess Gregg v. Colorado | Colorado | 2025-12-15 | Application | apprendi-line criminal-procedure double-jeopardy habitual-offender sentencing-enhancement sixth-amendment | Question not identified. | |
| 25-695 | Maxwell A. Matthew v. United States | Armed Forces | 2025-12-15 | Denied | Response Waived | convening-authority court-martial criminal-procedure double-jeopardy fifth-amendment military-justice | Staff Sergeant (SSgt) Maxwell A. Matthew's Convening Authority ordered his court-martial conviction expunged. He then ordered SSgt Matthew to again fa… |
| 25-5956 | In Re Santos Cuevas | 2025-10-24 | Denied | IFP | constitutional-remedy double-jeopardy judicial-estoppel post-conviction sentencing-enhancement sixth-amendment | 1. May the Sixth Amendment in retroactive by the state allow remedy to initial and successive post-conviction proceedings, if so, may the right to ef… | |
| 25-5921 | Frederick L. Brewer v. United States | Seventh Circuit | 2025-10-21 | Denied | Response WaivedIFP | acquittal criminal-sentencing double-jeopardy fifth-amendment judicial-discretion sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 25A445 | Thomas Steven Sanders v. United States | Fifth Circuit | 2025-10-17 | Presumed Complete | criminal-conviction death-penalty double-jeopardy executive-clemency federal-prosecution fifth-amendment | Question not identified. | |
| 25-5880 | Derrick Gregory James v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2025-10-15 | Denied | IFP | constitutional-rights criminal-procedure double-jeopardy due-process judicial-review sentence-modification | "What constitutes the legal meaning of the word "Active"? Does a Double Jeopardy Violation, and Due Process Violation Occur Whenever a Dept. of Corre… |
| 25-407 | Scott Breimeister v. United States | Fifth Circuit | 2025-10-06 | Pending | Amici (1)Response RequestedResponse Waived | double-jeopardy government-misconduct implied-consent mistrial prosecutorial-misconduct strict-scrutiny | I. What constitutes implied consent to a mistrial when determining if a defendant has forfeited a Double Jeopardy claim? II. Does strict scrutiny app… |
| 25-5786 | Vamsidhar Vurimindi v. Pennsylvania | Pennsylvania | 2025-10-02 | Denied | Response WaivedIFP | coram-nobis criminal-intent double-jeopardy due-process fifth-amendment judicial-review | I. Whether a state violates the Due Process Clause by abolishing the writ of error coram nobis and then rigidly applying a post-conviction custody re… |
| 25A341 | Maxwell A. Matthew v. United States | Armed Forces | 2025-09-24 | Presumed Complete | appellate-review courts-martial double-jeopardy fifth-amendment military-justice trial-record | Question not identified. | |
| 25-5654 | Thomas Bradley v. United States | Sixth Circuit | 2025-09-16 | Denied | Response WaivedIFP | armed-career-criminal-act double-jeopardy fifth-amendment sentencing-enhancement shepard-documents sixth-amendment | Because harmless-error review of Erlinger error typically requires appellate judges to evaluate facts outside the record of conviction for the charged… |
| 25-5659 | Ohio, ex rel. Ricardo Dodson v. Shelbie Smith, Warden | Ohio | 2025-09-16 | Denied | IFP | double-jeopardy due-process fourteenth-amendment jury-verdict sixth-amendment trial-procedure | 1. Can a trial court correct-Amend a jury's verdict that announced the wrong name upon reading the verdict, upon assenting to the verdict on polling, … |
| 25-5500 | Clarence C. Roland, III v. United States | Fifth Circuit | 2025-08-28 | Denied | Response WaivedIFP | criminal-procedure double-jeopardy due-process evidence-admission fair-trial separate-sovereigns | 1. Whether eliciting the fact and details of a defendant's conviction in a separate sovereign —including that it was for the same conduct and that the… |
| 25-206 | Edwin L. Rojas v. Connecticut, et al. | District of Columbia | 2025-08-20 | Denied | Response WaivedRelisted (2) | anti-peonage-act civil-liability double-jeopardy due-process judicial-misconduct state-court-jurisdiction | 1. The primary question presented is whether a criminal court in a state can renege on the dismissal of criminal cases when a prior judge and/or the… |
| 25-5405 | Lamont Coleman v. United States | Seventh Circuit | 2025-08-19 | Denied | Amici (1)Response WaivedIFP | criminal-sentencing double-jeopardy fifth-amendment judicial-discretion jury-acquittal sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 25-5401 | Gregory Matthew Seay v. Oklahoma | Oklahoma | 2025-08-19 | Denied | IFP | collateral-estoppel constitutional-rights double-jeopardy equal-protection manifest-necessity mistrial | (1) DOES THE OKLAHOMA COURT OF CRIMINAL APPEALS' DECISION IN THE INSTANT CASE CONTRADICT THE DECISION OF THE UNITED STATES COURT OF THE NORTHERN DISTR… |
| 25-5383 | Oscar Barrios v. United States | Fifth Circuit | 2025-08-15 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | appellate-review constitutional-violation criminal-procedure double-jeopardy judicial-discretion plain-error | Whether the absence of a binding, on-point decision of either this Court, or of the reviewing court of appeals, is enough to preclude the potential fo… |
| 25-181 | Arthur Lopez v. California Department of Motor Vehicles, et al. | California | 2025-08-14 | Denied | civil-rights double-jeopardy due-process equal-protection registration-fees unlawful-seizure | Should the State of California Department of Motor Vehicles and the other defendants in this case be accountable for deprivation of Civil Rights (incl… | |
| 25-5310 | Maurice Bernard Moore v. Daniel L. Hebert, former District Judge, Saline County of Kansas, et al. | Tenth Circuit | 2025-08-08 | Denied | IFP | collateral-estoppel constitutional-rights double-jeopardy habeas-corpus rooker-feldman sovereign-immunity | 1. Why the U.S. Court of Appeals for the Tenth Circuit ruling conflicts with the Third Circuit on the Matter of Rooker-Feldman Provision not overrulin… |
| 25-5281 | Tony Lamons Gooch, III v. Tennessee | Tennessee | 2025-08-05 | Denied | Response WaivedIFP | appellate-procedure constitutional-rights double-jeopardy due-process ineffective-assistance structural-error | I. "When a State court judgment is shown that counsel of record was ineffective during all three phases of litigation including pre-trial, trial phas… |
| 25-104 | Joe Louis Adams, Jr. v. 3D Systems, Inc. | Fourth Circuit | 2025-07-29 | Denied | arbitration-clause civil-rights double-jeopardy electronic-filing jurisdiction pro-se-litigant | 1. Plaintiff submits agreement to the court that was used to set the Counter claim for the defendant... The plaintiff notes in the order from the j… | |
| 25A114 | Scott Breimeister v. United States | Fifth Circuit | 2025-07-28 | Presumed Complete | double-jeopardy fifth-amendment governmental-misconduct mistrial prosecutorial-misconduct trial-procedure | Question not identified. | |
| 25-84 | Owolabi Salis v. Jorge Dopico, et al. | Second Circuit | 2025-07-22 | Denied | Response Waived | civil-rights constitutional-rights double-jeopardy due-process separation-of-powers state-immunity | The Fifth Amendment to the US Constitution provides that no one shall be "deprived of life, liberty or property without due process of law." This is e… |
| 25-76 | Carolyn Jackson v. United States | Third Circuit | 2025-07-22 | Denied | Response RequestedResponse WaivedRelisted (2) | constitutional-rights criminal-sentencing double-jeopardy due-process post-release-punishment sentence-recall | Carolyn Jackson fully completed her sentence of 40 months' incarceration plus supervised release. More than four and a half years after being released… |
| 25-5168 | John E. Jackson v. United States | Third Circuit | 2025-07-22 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-law criminal-procedure double-jeopardy due-process punishment sentencing | John Jackson fully completed his sentence while the government's second appeal was still pending. He argued at the third and fourth sentencings that t… |
| 24-7505 | Donald Evans v. Jasen Bohinski, Superintendent, State Correctional Institution at Dallas, et al. | Third Circuit | 2025-06-26 | Denied | IFP | criminal-procedure double-jeopardy ex-post-facto sentencing-guidelines statutory-interpretation subject-matter-jurisdiction | 1) DID THE COURT VIOLATE PETITIONER'S 6TH AND 14TH AMENDMENT CONSTITUTIONAL RIGHTS VIA REFUSING TO GRANT PETITIONER'S REQUEST FOR A CONTINUANCE TO WHE… |
| 24-7498 | Dasahn Crowder v. Massachusetts | Massachusetts | 2025-06-25 | Denied | Response WaivedIFP | bruen-decision constitutional-rights criminal-procedure double-jeopardy ex-post-facto second-amendment | In 2012, the Massachusetts Supreme Judicial Court (SJC) upheld the constitutionality of a statutory scheme in which licensure was an affirmative defen… |
| 24-7439 | In Re Terron Dizzley | 2025-06-17 | Denied | Relisted (2)IFP | burden-of-proof criminal-trial double-jeopardy fifth-amendment judicial-discretion trial-court-jurisdiction | Did the trial court exceed its jurisdiction in violation of the Fifth Amendment's Double Jeopardy Clause by trying Mr. Dizzley a second time for the c… | |
| 24-1279 | Frank J. Anderson, Jr. v. New Jersey | New Jersey | 2025-06-16 | Denied | Relisted (2) | criminal-procedure double-jeopardy due-process fifth-amendment sentencing-modification sixth-amendment | Does the New Jersey judicial process, by (1) preparing the judgment of conviction in the petitioner's absence, (2) departing from the orally pronounce… |
| 24-7403 | Michael Stapleton v. United States | Eleventh Circuit | 2025-06-11 | Denied | Response WaivedRelisted (2)IFP | blockburger-test circuit-split criminal-procedure double-jeopardy due-process statutory-interpretation | Did the Court of Appeals create a split in Circuits by affirming Movant's convictions and sentences for crimes that were committed simultanously under… |
| 24-7385 | Luster Pernell Burns, Jr. v. Jeff Tanner, Warden | Sixth Circuit | 2025-06-09 | Denied | Response WaivedIFP | constitutional-law criminal-procedure double-jeopardy fair-trial mistrial prosecutorial-misconduct | DID THE PROSECUTOR ENGAGED IN INTENTIONAL MISCONDUCT IN A PREVIOUS TRIAL WHICH GOATED THE DEFENSE INTO MOVING FOR A MISTRIAL, WHICH BARRED RETRIAL IN … |
| 24-7373 | Natnael Zemene v. Massachusetts | Massachusetts | 2025-06-06 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure double-jeopardy due-process fifth-amendment second-amendment | 1. Whether the Fifth Amendment's double jeopardy clause as interpreted by Burks v. United States, 437 U.S. 1, 18 (1978) protects an individual from a … |
| 24-1252 | Real Property commonly known as: 11475 NW Pike Road, Yamhill, Oregon, Yamhill County and any residence, buildings, or storage facilities thereon, et al. v. Yamhill County, Oregon and forfeiting agency, on behalf of the YCINT seizing agency | Oregon | 2025-06-06 | Denied | civil-forfeiture constitutional-interpretation criminal-punishment double-jeopardy in-rem-proceeding property-rights | 1. Under Oregon law, in a contested civil forfeiture trial, property may be forfeited only if a jury finds that a person was convicted of a crime, tha… | |
| 24A1181 | Mark William Sain v. United States | Sixth Circuit | 2025-06-02 | Presumed Complete | armed-career-criminal-act double-jeopardy harmless-error jury-trial sixth-amendment structural-error | Question not identified. | |
| 24-7183 | James Little v. United States | District of Columbia | 2025-05-12 | Denied | Relisted (5)IFP | appellate-review double-jeopardy executive-order january-6-offense presidential-pardon sentencing | James Little pled guilty to a single petty offense arising from the events at the U.S. Capitol on January 6, 2021. After a successful appeal challengi… |
| 24-7017 | Jose Antonio Cortez v. Texas | Texas | 2025-04-17 | Denied | IFP | actual-innocence constitutional-rights criminal-procedure double-jeopardy due-process habeas-corpus | Question No. 1: Can a State allow a Judgment & Sentence of Conviction stand when under the probative facts and Jury Charged instructed the jury to con… |
| 24-1048 | Karen Read v. Superior Court of Massachusetts, Norfolk County, et al. | First Circuit | 2025-04-03 | Denied | Response Waived | acquittal constitutional-law criminal-procedure double-jeopardy jury-verdict retrial | 1. Whether a final and unanimous, but unannounced, decision by a jury following trial that the prosecution failed to prove a defendant guilty of a cha… |
| 24-6899 | In Re Samuel Rivera | 2025-03-31 | Denied | IFP | constitutional-protection double-jeopardy federal-jurisdiction habeas-corpus supreme-law writ-of-mandamus | The Petitioner's clear constitutional legal right under the declaration of the United States Constitution and Florida constitution allows the court's … | |
| 24-6883 | Kenneth Karlston Newsome v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2025-03-28 | Denied | IFP | constitutional-law double-jeopardy due-process international-human-rights life-imprisonment presumption-of-innocence | WHETHER A PERSON'S RIGHT TO BE "PRESUMED INNOCENT UNTIL PROVEN GUILTY ACCORDING TO LAW" AS DECLARED BY ARTICLE 14.2 OF THE INTERNATIONAL COVENANT ON C… |
| 24-6871 | Diego J. Jimenez v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Florida | 2025-03-27 | Denied | IFP | constitutional-violation double-jeopardy due-process judicial-bias jury-instructions structural-error | Whether a bias and partial Judge that was recused (removed) before trial and any way presiding over a criminal defendant 's trial "created a Structura… |
| 24-6852 | Eric William Diaz v. Pennsylvania | Pennsylvania | 2025-03-26 | Denied | IFP | double-jeopardy legal-counsel plea-negotiation sentencing sexual-offense sixth-amendment | 1. - Whether the Pennsylvania State Courts violated the Double Jeopardy Clause of the Fifth Amendment by sentencing the Petitioner in accordance with… |
| 24-958 | Louis Ciminelli, Steven Aiello, Joseph Gerardi, & Alain Kaloyeros v. United States | Second Circuit | 2025-03-06 | Denied | appellate-review criminal-procedure double-jeopardy legal-standard retroactivity sufficiency-challenge | In its prior decision in this case two Terms ago, this Court unanimously held in Ciminelli v. United States, 598 U.S. 306 (2023), that the Second Circ… | |
| 24-902 | Ruel M. Hamilton v. United States | Fifth Circuit | 2025-02-21 | Denied | appellate-review burden-of-proof constitutional-law criminal-procedure double-jeopardy jury-verdict | In Ashe v. Swenson, this Court recognized that the Double Jeopardy Clause precludes relitigation of facts found by a jury. 397 U.S. 436 (1970). What, … | |
| 24-6533 | Jon Anthony Schweder v. Arizona | Arizona | 2025-02-10 | Denied | Response WaivedIFP | constitutional-challenge criminal-jurisdiction double-jeopardy post-conviction-relief sexual-offense statute-of-limitations | 1. Can a failure to raise an argument at trial or on appeal — or in previous post-conviction proceedings — bar a criminal defendant from later challen… |
| 24-6488 | Jordy Ezequiel Ochoa, aka Jordy Ezequil Ochoa-Cordova v. Robert Luna, Sheriff, Los Angeles County, California, et al. | Ninth Circuit | 2025-02-06 | Denied | Response WaivedIFP | criminal-procedure double-jeopardy habeas-corpus jury-trial mistrial probation-violation | Is it a violation of clearly established federal law under the Double Jeopardy clause to allow a court to declare a mistrial based on a hung jury, hol… |
| 24-6339 | Mark Tomas Regan v. Massachusetts | Massachusetts | 2025-01-17 | Denied | Response WaivedIFP | criminal-procedure double-jeopardy due-process firearms-possession licensure-requirement second-amendment | 1. Whether the right to keep and bear arms protected by the Second Amendment, the right guaranteed by the Due Process Clause of the 14% Amendment to b… |
| 24-6338 | Hakeem-Ali Shomo v. Ohio, et al. | Ohio | 2025-01-17 | Denied | Response WaivedIFP | constitutional-protection double-jeopardy fifth-amendment judicial-misconduct mistrial prosecutorial-intent | Does the fundamental protection against double jeopardy, preserved in the Fifth Amendment to the United States Constitution, bar retrial when judicial… |
| 24-6318 | Marcus Crowder v. Georgia | Georgia | 2025-01-16 | Denied | Relisted (2)IFP | acquittal constitutional-law criminal-prosecution double-jeopardy fifth-amendment malice-murder | Whether the state of Georgia violates the Fifth Amendment to the United States Constitution's Double Jeopardy Clause when it indicts in multiplicity o… |
| 24-6288 | Jose Estrada-Aguirre v. United States | Fifth Circuit | 2025-01-13 | Denied | Response WaivedIFP | circuit-split citizenship-status double-jeopardy identity-fraud passport-application perjury | Jose Aguirre has been known by two names— Jose Lopez Aguirre and Jose Estrada-Aguirre—and has been known to have born in two places—Ojos Calientes, Ch… |
| 24A676 | Mark Tomas Regan v. Massachusetts | Massachusetts | 2025-01-10 | Presumed Complete | burden-of-proof criminal-procedure double-jeopardy due-process firearms-possession second-amendment | Whether the right to keep and bear arms protected by the Second Amendment; the right to be free from conviction except upon proof beyond a reasonable … | |
| 24-6237 | Charles Edward Harris, Jr. v. Whitney Gass, et al. | Arkansas | 2025-01-03 | Denied | Response WaivedIFP | constitutional-violation criminal-statute double-jeopardy fifth-amendment legislative-intent punishment-interpretation | The Double Jeopardy Clause of the Fifth Amendment of the United States Constitution prohibits multiple punishment for the same offense without a clear… |
| 24-6160 | Benjamin Escobedo v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2024-12-18 | Denied | IFP | appeal-review constitutional-rights double-jeopardy due-process fifth-circuit ineffective-assistance | 1. Did the Fifth Circuit err by misapplication of the Strickland standard of review? 2. Did the Fifth Circuit err by denying Escobedo a COA? 3. Did … |
| 24-6167 | Rodney J. Lass v. Chris Buesgen, Warden | Seventh Circuit | 2024-12-17 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure double-jeopardy mistrial prosecutorial-discretion vindictive-prosecution | 1. Can actual vindictive prosecution be found when a mistrial is declared, not caused by a hung jury, and the Prosecutor responds by bringing addition… |
| 24-6104 | Maurice Kerrick, Jr. v. United States | District of Columbia | 2024-12-10 | Denied | Response WaivedIFP | criminal-sentencing double-jeopardy due-process maximum-term sixth-amendment supervised-release | Whether a defendant's due process rights are violated when he is never informed that he may be sentenced to an additional term of imprisonment for vio… |
| 24-6098 | Timothy R. Brown v. Massachusetts | Massachusetts | 2024-12-09 | Denied | Response WaivedIFP | constitutional-rights criminal-resentencing double-jeopardy due-process fourteenth-amendment reasonable-doubt | 1. Whether the Fourteenth Amendment's Due Process Clause requires a State to apply to the resentencing of a criminal defendant, a rule of law defining… |
| 24-550 | Tahawwur Hussain Rana v. W. Z. Jenkins, II | Ninth Circuit | 2024-11-15 | Denied | circuit-split criminal-law double-jeopardy extradition-treaty international-law treaty-interpretation | Whether the term "offense" in the double jeopardy provision of the United States-India extradition treaty and many other extradition treaties refers t… | |
| 24A475 | Ruel M. Hamilton v. United States | Fifth Circuit | 2024-11-13 | Denied | ashe-standard double-jeopardy fifth-amendment issue-preclusion jury-verdict preponderance-of-evidence | Question not identified. | |
| 24-5893 | Mahlon Prater, Jr. v. United States | Sixth Circuit | 2024-11-05 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof circuit-split conspiracy-charges constitutional-law criminal-procedure double-jeopardy | 1. Whether, when determining if two charged conspiracies violate double jeopardy, the court should assess the degree of difference between two charged… |
| 24-5780 | Alex Ryle v. Brian Emig, Warden, et al. | Third Circuit | 2024-10-18 | Denied | IFP | constitutional-rights criminal-procedure double-jeopardy fifth-amendment habeas-corpus sentencing | Was Petitioner's Fifth Amendment protections against multiple punishments for the same offense violated by several convictions and sentences for posse… |
| 24-5774 | Dwayne Barrett v. United States | Second Circuit | 2024-10-17 | Judgment Issued | Amici (3)Relisted (2)IFP | circuit-split crime-of-violence double-jeopardy hobbs-act sentencing statutory-interpretation | L. Whether the Double Jeopardy Clause permits two sentences for an act that violates 18 U.S.C. § 924(c) and § 924(j), a question that divides seven ci… |
| 24-5737 | Matt Jones, aka Mack Jones v. United States | Third Circuit | 2024-10-10 | Denied | Response WaivedIFP | appellate-review criminal-procedure double-jeopardy indictment-dismissal motion-to-suppress speedy-trial | 1. Whether the Third Circuit Court of Appeals, erred in its unprecedented decision in not reversing the District Court's failure to Dismiss the Indict… |
| 24-5723 | Terrell Trammell v. United States | Sixth Circuit | 2024-10-08 | Denied | Response WaivedIFP | bruen-standard circuit-split double-jeopardy fifth-amendment firearms-possession second-amendment | There is a circuit split with Question I whether § 922(g)(1) is unconstitutional or not pursuant to Bruen such as to impact Trammell's conviction. As … |
| 24A299 | Martin Gonzales v. New Mexico, et al. | New Mexico | 2024-09-27 | Presumed Complete | constitutional-interpretation criminal-convictions double-jeopardy incidental-restraint kidnapping state-law | Question not identified. | |
| 24-317 | Tommy Lee Benton v. South Carolina | South Carolina | 2024-09-20 | Denied | Response Waived | double-jeopardy ends-of-justice judicial-discretion manifest-necessity mistrial-standard trial-court-discretion | Whether a trial judge must consider all viable alternatives to a mistrial before finding manifest necessity exists. |
| 24-5565 | In Re Francisco Nunez Carrillo | 2024-09-17 | Denied | IFP | constitutional-interpretation criminal-sentencing double-jeopardy punishment-limits single-act-doctrine statutory-construction | Cbas, *, iMf.pUotooS ftose.oo'V'of' v)'wVte. V*- dooWe. (feWVions of fV>«- OruteJt sbjfts Consfi+v/Vi'on ooj Artick. 2 S lo c£ "flne_ Af« ConsVv-W^ocv… | |
| 24-5468 | Dennis L. Flint v. Florida | Florida | 2024-09-05 | Denied | IFP | constitutional-law criminal-procedure double-jeopardy precedent resentencing sentence-enhancement | Can petitioner cl 3errfence cx\[ curbed during r£S£n4-epcin^ \mf-Photdr running afoui c*P double jeopardy principles and curren+ precedent Conrtroltin… |
| 24-5459 | In Re Raul Chavez | 2024-09-04 | Denied | IFP | article-iii-jurisdiction constitutional-violations double-jeopardy due-process habeas-corpus speedy-trial | Can lower courts, delay and deny access to Habeas Corpus, and maintain Constitutional adherence to the privilege guarantee?1) Can a District court pr… | |
| 24-5427 | Michael Stapleton v. United States | Eleventh Circuit | 2024-08-30 | Denied | Response WaivedRelisted (2)IFP | brady-violation circuit-split constitutional-violation double-jeopardy indictment-defect sentencing-enhancement | 1) Did the district court create a split in circuits by denying relief on charges —in the indictment that violated Congressional Intent/ where the D… |
| 24-227 | John Kevin Woodward v. California, et al. | California | 2024-08-29 | Denied | Response RequestedResponse WaivedRelisted (5) | acquittal criminal-procedure double-jeopardy fifth-amendment judicial-interpretation substantial-evidence | The Fifth Amendment's Double Jeopardy Clause bars retrial whenever a court's order dismissing a criminal case constitutes an "acquittal." Under this C… |
| 24-5286 | Kenneth Rose v. United States | Seventh Circuit | 2024-08-09 | Denied | Response WaivedIFP | congressional-amendment criminal-law double-jeopardy judicial-review precedent-application statutory-interpretation | In Simpson v. U-S. (435 U..S. 6), the Supreme Court held that a defendant convicted of an aggravated bank robbery under 10 U'-S.C.A., § 2113(d) could … |
| 24-5287 | John Phillip Bender v. Texas | Texas | 2024-08-09 | Denied | Relisted (2)IFP | acquittal double-jeopardy federal-law jury-determination legal-proceedings record-review | 1. Whether this Court must immediately confront record truth of the federal double jeopardy law acquittal event: jury's actual historic 2009 nonculpab… |
| 24-5241 | Jason Gatlin v. United States | Eleventh Circuit | 2024-08-06 | Denied | IFP | criminal-procedure double-jeopardy due-process eleventh-circuit fifth-amendment judicial-interference jury-verdict | 1. Whether a jury has rendered a final verdict and jeopardy terminates under the Double Jeopardy Clause of the Fifth Amendment where the jury has indi… |
| 24-5200 | Victor Tavares v. Rhode Island | Rhode Island | 2024-07-31 | Denied | Response WaivedIFP | constitutional-provisions criminal-procedure double-jeopardy due-process indictment jurisdiction legal-jurisdiction petition sixth-amendment supreme-court writ-of-certiorari | Question not identified. |
| 24-32 | Donavan J. White Owl, aka DJ v. United States | Eighth Circuit | 2024-07-12 | Denied | Response Waived | constitutional-law criminal-procedure double-jeopardy eighth-circuit implied-consent manifest-necessity mistrial waiver | The double jeopardy clause prevents the retrial of a criminal case after mistrial unless the defendant consents or if the mistrial was for manifest ne… |
| 24-5052 | In Re Kenton G. Findlay | 2024-07-11 | Denied | Relisted (2)IFP | 14th-amendment 5th-amendment constitutional-violation court-of-appeal criminal-procedure double-jeopardy due-process fifth-amendment fourteenth-amendment habeas-corpus legal-relief | 1. Did the Third District Court of Appeal Violate Section (9) in the Constitution of the State of Florida Due Process-No person shall be deprived of l… | |
| 24-5024 | Timothy John Miers v. United States | Eleventh Circuit | 2024-07-10 | Denied | Response WaivedIFP | certificate-of-appealability constitutional-interpretation double-jeopardy eleventh-circuit fifth-amendment miller-el-v-cockrell sentencing sentencing-authority separation-of-powers | I. Whether the Eleventh Circuit Court of Appeals has so far departed from established Federal Law [28 U.S.C, 2253(c)(2)] and the legal standards set o… |
| 23A1133 | Jason Gatlin v. United States | Eleventh Circuit | 2024-06-21 | Presumed Complete | criminal-procedure double-jeopardy eleventh-circuit finality jury-verdict sex-trafficking | Question not identified. | |
| 23-7768 | Leonard Williamson, Jr. v. United States | Seventh Circuit | 2024-06-20 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment sentencing-guidelines sixth-amendment | Whether the Fifth and Sixth Amendments prohibit the district court from considering conduct of which Mr. Williamson was acquitted by the jury when cal… |
| 23-7725 | Jimmie Lee Walton v. United States | Fifth Circuit | 2024-06-14 | Denied | Response WaivedIFP | abuse-of-discretion allen-charge coercion court-of-appeals criminal-procedure Did the Court of Appeals abuse it's discretion in Did the Court of Appeals abuse its discretion in a directed-verdict double-jeopardy due-process fifth-circuit habeas-corpus harmless-error ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal judicial-discretion jury-instructions mistrial motion-for-acquittal right-to-counsel sixth-amendment standard-of-review sufficiency-of-evidence | Did Walton receive effective assistance of counsel? Did the Court of Appeals abuse its discretion in affirming the District Courts denial of the moti… |
| 23-7640 | Devin Fischer v. North Dakota | North Dakota | 2024-06-05 | Denied | IFP | abuse-of-discretion constitutional-rights criminal-procedure double-jeopardy due-process due-process-clause fair-trial guilty-plea judicial-discretion legal-standards | Is a defendant denied due process when the court ignores legal standards and relies solely on their discretion? Does the defendant suffer double jeop… |
| 23A1073 | Jeremiah Wooden v. Massachusetts | Massachusetts | 2024-05-31 | Presumed Complete | constitutional-law criminal-procedure double-jeopardy fifth-amendment retrial sufficiency-of-evidence | If there is a change in law during the appeal of a criminal conviction, and the evidence at trial is insufficient to support a finding of guilt under … | |
| 23-7585 | Wilfred H. v. Josh Ward, Interim Superintendent, Mount Olive Correctional Complex | West Virginia | 2024-05-29 | Denied | IFP | constitutional-law constitutional-rights criminal-charges criminal-procedure double-jeopardy due-process factual-allegations legal-procedure multiple-convictions multiple-counts | Does a state violate due process or double jeopardy principles when it charges and convicts a defendant on multiple, identical counts, with none conne… |
| 23-7575 | Oscar Dillon, III v. United States | Eighth Circuit | 2024-05-28 | Denied | Response WaivedRelisted (2)IFP | acquittal acquitted-conduct criminal-culpability double-jeopardy federal-rules-of-evidence fifth-amendment rule-404(b) trial-procedure unrelated-charges | The Eighth Circuit United States Court of Appeals determined that criminal culpability derived from verdicts of aquittals are admissible in separate t… |
| 23A1055 | Lani Lucas Limane, aka Lukasz Chad Limane v. United States | Fifth Circuit | 2024-05-28 | Presumed Complete | aggravated-identity-theft double-jeopardy enumerated-offense fifth-amendment plea-agreement wire-fraud | Question not identified. | |
| 23A1035 | Dedric Dixon v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2024-05-21 | Presumed Complete | constitutional-rights criminal-procedure double-jeopardy felony-murder ineffective-assistance jury-verdicts | Question not identified. | |
| 23-7476 | Julius Jerome Walker v. Oklahoma | Oklahoma | 2024-05-15 | Denied | Relisted (2)IFP | abuse-of-discretion civil-rights criminal-procedure double-jeopardy due-process fundamental-rights ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct registration-requirements | 1. Whether the District court in Muskogee county denied me my fundamental rights because of PROSECUTORIAL MISCONDUCT of Larry Moore former prosecutor … |
| 23-7481 | Maurice Owen Wiley v. United States | Fourth Circuit | 2024-05-14 | Denied | Response WaivedIFP | conspiracy crime-of-violence criminal-conspiracy double-jeopardy fifth-amendment firearms firearms-possession hobbs-act | DOES THE IMPOSITION OF CONSECUTIVE PUNISHMENTS FOR CONSPIRACY TO COMMIT HOBBS ACT ROBBERY IN VIOLATION OF 18 U.S.C. § 1951(a) and CONSPIRACY TO POSSES… |
| 23-7405 | In Re Patrick Christian | 2024-05-07 | Denied | Relisted (2)IFP | civil-rights civil-rights-conspiracy completed-sentence court-interpretation double-jeopardy legal-precedent lower-court-errors probation recidivism retroactive-punishment sentencing | 1. In the eyes of the Court when is Punishment Retroactive? 2. Is the Legal Definition of Double Jeopardy described here? 3. In considering the reco… | |
| 23-7373 | Giovanni DePalma v. Florida | Eleventh Circuit | 2024-05-02 | Denied | Response WaivedIFP | 42-usc-1981 civil-procedure civil-rights double-jeopardy due-process emergency-petition first-amendment free-speech standing subject-matter-jurisdiction younger-abstention | Whether the Petitioner is foreclosed from presenting a lack of subject matter jurisdiction and double jeopardy claim through an EMERGENCY PETITION FOR… |
| 23-7343 | Dalevonte D. Hearn v. Illinois | Illinois | 2024-04-30 | Denied | IFP | civil-rights constitutional-rights criminal-procedure double-jeopardy due-process first-degree-murder ineffective-assistance-of-counsel jury-trial mistrial sentencing trial-rights | ^j) T$ Xv LaM^L.I Thai An American OH'Zen &f Puntsbpcf Tor £* WS>^ f2ic^h To A Turq . (Jkj IsrH 6nf /M one Cr^e you \SheU 'Jour AcHonS rn^j l4oi*f I… |
| 23-7260 | Mark R. Zana v. Nevada | Nevada | 2024-04-19 | Denied | Response WaivedIFP | collateral-review constitutional-rights criminal-procedure double-jeopardy due-process fourteenth-amendment habeas-corpus ninth-circuit post-conviction retroactivity statutory-interpretation | 1. Whether Petitioner's conviction and continued incarceration under Nevada Revised Statute 209.730 are facially unconstitutional under the Due Proces… |
| 23-7265 | Nicholas Stewart Hines v. South Dakota | South Dakota | 2024-04-19 | Denied | Response WaivedIFP | criminal-procedure double-jeopardy due-process fourteenth-amendment plea-agreement plea-bargaining sentencing sentencing-considerations sixth-amendment | 1.) WHETHER THE SIXTH AND FOURTEENTH AMENDMENTS PERMIT GREATER INCLUDED OFFENSES AND CONDUCT THAT HAS BEEN ACQUITTED BY A JURY, OR DISMISSED PURSUANT … |
| 23-7242 | Juan Avendano v. Illinois | Illinois | 2024-04-17 | Denied | Response WaivedIFP | constitutional-rights criminal-indictment criminal-procedure double-jeopardy due-process fifth-amendment jury-instructions jury-verdict statutory-interpretation statutory-offense | Whether a defendant's rights under the Double Jeopardy Clause of the Fifth Amendment are violated when the prosecution brings multiple, factually iden… |
| 23-7207 | Dwayne K. Taylor v. Illinois | Illinois | 2024-04-11 | Denied | Response WaivedIFP | constitutional-defect criminal-conviction criminal-procedure double-jeopardy due-process habeas-corpus jury-instructions necessity self-defense sentencing sentencing-enhancement | 0. 4he \ri &{ Cowri CammiM&c/ ernoTT clet^jfirg 4^ie. doferrs^. reaue*& -fe 'OSinW^( ne^ass^^ even Ahe^ um% Som© iq <Jrta4 'C&cmxl rg £>U4^Yve:wl, ^ir… |
| 23A907 | Wilfred H. v. Josh Ward, Interim Superintendent, Mount Olive Correctional Complex | West Virginia | 2024-04-10 | Presumed Complete | carbon-copy-indictment constitutional-protections criminal-procedure double-jeopardy due-process sixth-amendment | Question not identified. | |
| 23-7083 | Orlando Kim Ferguson, II v. Missouri | Missouri | 2024-03-27 | Denied | IFP | article-i-section-19 constitutional-interpretation double-jeopardy due-process missouri-constitution oregon-v-kennedy prosecutorial-misconduct retrial | 1. Is the Missouri Constitution Article I; Section 19; limiting Double Jeopardy rights on retrial following intentional prosecutorial misconduct under… |
| 23-7089 | Steven L. Lewis v. Mississippi | Mississippi | 2024-03-27 | Denied | Response WaivedIFP | confrontation-clause constitutional-law criminal-procedure double-jeopardy due-process improper-venue mistrial retrial speedy-trial venue | *Whether the Constitution Permits the retrial of a defendant following a trial in an in Pro Per venue Whether the Constitution Permits the retrial of… |
| 23-7067 | In Re Timothy Stratton | 2024-03-25 | Denied | IFP | civil-rights constitutional-rights criminal-procedure double-jeopardy due-process habeas-corpus judicial-procedure legal-documents plea-bargaining post-conviction-review sentencing | 1. CAN A MAN BE CHARGED TO FIND GUILTY WHERE ALL OF THE NECESSARY ELEMENTS OF A CRIME ARE NOT INVOLVED IN THE JURY'S CHARGE? 2. IS THERE ANY POSSIBLE… | |
| 23-7062 | Clark D. Thomas v. McKendley Newton, Warden, et al. | Fourth Circuit | 2024-03-22 | Denied | Response WaivedIFP | actual-innocence certificate-of-appealability discovery-and-counsel-denial double-jeopardy due-process equitable-tolling fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel sixth-amendment | Whether the Fourth Circuit erred in denying a certificate of appealability on Petitioner's claims that: A) The district court violated Petitioner's D… |
| 23-7039 | Everett Dale Webb v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2024-03-20 | Denied | IFP | appeals appellate-counsel constitutional-right constitutional-rights double-jeopardy due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-exhaustion procedural-default | 1. Whether the court of appeals erred in concluding that Petitioner's double jeopardy claim was unexhausted or procedurally defaulted? 2. Whether the… |
| 23-1036 | Robert John Dodd v. Chadwick Dotson, Director, Virginia Department of Corrections | Fourth Circuit | 2024-03-19 | Denied | constitutional-violation criminal-indictment criminal-procedure double-jeopardy due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel | Dodd was indicted on nine counts for the sexual abuse of a child fifteen years prior. Each count of the indictment was an identical carbon copy, inclu… | |
| 23-6954 | Charles B. Thomas v. United States | Seventh Circuit | 2024-03-11 | Denied | Response WaivedIFP | appellate-review case-law circuit-court-conflict criminal-procedure double-jeopardy judicial-interpretation sentencing statutory-analysis supreme-court-precedent united-states-v-blackwell united-states-v-phipps witte-v-united-states | WHETHER THE 7TH CIRCUIT COURT OF APPEALS DECISION IN THE CASE AT BAR IS IN CONFLICT WITH THE UNITED STATES SUPREME COURT'S DECISION IN WITTE V. UNITED… |
| 23-6834 | Jeremy Lee Sestak v. United States | Tenth Circuit | 2024-02-27 | Denied | Response WaivedIFP | as-applied-petition constitutional-protections criminal-procedure double-jeopardy sentencing sentencing-guidelines supervised-release u.s.s.g.-§4b1.5 u.s.s.g.-§5d1.2 | Can a defendant bring an as-applied petition for modification of the supervised conditions? Does supervised release conditions as applied invoke Doub… |
| 23-6794 | Isaac Cardona v. United States | First Circuit | 2024-02-21 | Denied | Response WaivedIFP | criminal-intent double-jeopardy due-process merger-problem money-laundering specified-unlawful-activity statutory-interpretation vagueness vagueness-doctrine | I. Whether the promotional money laundering provision of Money Laundering Control Act of 1986, 18 U.S.C.A. § 1956 (a)(1)(A)(i), violates the due proce… |
| 23-6802 | Wally Irizarry-Sisco v. United States | First Circuit | 2024-02-21 | Denied | Response WaivedIFP | child-sex-abuse child-sex-case criminal-procedure double-jeopardy due-process evidence-law excited-utterance hearsay hearsay-exception sixth-amendment | 1. Whether Federal Rule of Evidence 803(2), the hearsay exception for "excited utterances," encompasses out of court statements that (a) go beyond the… |
| 23-886 | Carlos Guardado v. Massachusetts | Massachusetts | 2024-02-16 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | burks-v-united-states change-in-law criminal-procedure double-jeopardy evidence legal-sufficiency prosecution-evidence second-trial supreme-court-precedent trial-rights | In Burks v. United States, 437 U.S. 1, 11 (1978), this Court held that when the evidence the prosecution introduced at a criminal trial is legally ins… |
| 23-6724 | Terrence Michael Taylor, aka Terrance Michael Taylor v. United States | Tenth Circuit | 2024-02-12 | Denied | IFP | 18-usc-922g appellate-review circuit-split constitutional-claim double-jeopardy firearm-possession guilty-plea plea-colloquy statutory-interpretation unit-of-prosecution | In Blackledge v. Perry, 417 U.S. 21 (1974), and Menna v. New York, 423 U.S. 61 (1975), this Court held that a defendant who pleads guilty can still ra… |
| 23A745 | Donald J. Trump v. United States | District of Columbia | 2024-02-12 | Granted | Amici (10) | criminal-prosecution double-jeopardy impeachment-clause official-acts presidential-immunity separation-of-powers | L Whether the doctrine of absolute presidential immunity includes immunity from criminal prosecution for a President's official acts, i.e., those perf… |
| 23A720 | Jeremy Lee Sestak v. United States | Tenth Circuit | 2024-02-05 | Presumed Complete | constitutional-challenge double-jeopardy fifth-amendment modification-of-conditions sentencing supervised-release | Question not identified. | |
| 23-6552 | In Re Vincent Pisciotta | 2024-01-24 | Denied | IFP | arson circuit-split conspiracy criminal-law double-jeopardy federal-felony statutory-interpretation | Can a conviction for "using fire to commit a federal felony", under 18 U.S.C. § 844(h)(1), be predicated upon the conspiracy conduct element of a "con… | |
| 23-6553 | Danjuan Antonio McBride v. Virginia | Virginia | 2024-01-24 | Denied | Response WaivedIFP | acquittal criminal-procedure directed-verdict double-jeopardy fifth-amendment retrial | Whether the Virginia Supreme Court erred when it held that Petitioner's Fifth Amendment right not to be put twice in Jeopardy was not violated when th… |
| 23-6560 | Cole A. Wolak v. United States | Sixth Circuit | 2024-01-24 | Denied | Response WaivedIFP | child-pornography criminal-conviction district-court-error double-jeopardy possession procedural-reasonableness receipt-and-distribution sentencing | WHEIHER THE DISTRICT COURT ERRED IN CONVICTING PETITIONER FOR BOTH POSSESSION OF CHILD PORNOGRAPHY AND FOR RECEIPT AND DISTRIBUTION OF CHILD PORNOGRAP… |
| 23-6446 | William Riley Gaul v. Tennessee | Tennessee | 2024-01-09 | Denied | Response WaivedIFP | appellate-review criminal-procedure double-jeopardy judicial-relief jury-instructions jury-verdict logical-inconsistency multiple-count-presentment mutually-exclusive-verdicts powell-v-texas sufficiency-of-evidence | Whether a jury's positive finding of guilt in one count of a multiple count presentment is mutually exclusive from its illogical, but positive finding… |
| 23A632 | Carlos Guardado v. Massachusetts | Massachusetts | 2024-01-09 | Presumed Complete | criminal-procedure double-jeopardy legal-development retrial second-amendment sufficiency-of-evidence | Whether there is an exception to this Court's holding in Burks v. United States, 437 U.S. 1, 11 (1978), when there was a change in the law as to the e… | |
| 23-6424 | Taquarius Kaream Ford v. United States | Ninth Circuit | 2024-01-05 | Denied | Response WaivedIFP | 18-usc-1591 18-usc-1594 circuit-split criminal-sentencing double-jeopardy mandatory-minimum sex-trafficking statutory-interpretation | When two Sex Trafficking statutes combine into a single Count, does the penalty for Sex Trafficking Conspiracy under 18 U.S.C. Section 1594(c) which h… |
| 23-6408 | Jade LaRoche v. United States | Eighth Circuit | 2024-01-03 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment sentencing sixth-amendment | Whether the use of acquitted conduct to determine a defendant's sentence violates the Fifth and Sixth Amendments. |
| 23-6400 | Michael Hewitt v. United States | Second Circuit | 2024-01-02 | Denied | Response WaivedIFP | conspiracy criminal-law double-jeopardy drug-distribution evidence jury-instructions | Should the trial court have acquitted Petitioner of conspiracy to distribute methamphetamine where (1) the evidence at best showed a conspiracy to dis… |
| 23-6377 | Ryan F. Duncan v. Florida Commission on Offender Review | Florida | 2023-12-28 | Denied | IFP | 5th-amendment constitutional-rights criminal-procedure double-jeopardy due-process equal-protection judicial-discretion prior-conviction sentencing sentencing-enhancement | \ x \t> ^c&kvVflVtOYN o^aaVn^V CbvJoW, ^ Torres o-f CoAt^WA0*V\\ \mrNUsmVv^ lA SecuT^A GlAAaAQV SVc3e_ acAc/v^s Uvyier -Wul \A^ /WW^er^'s or \ 0Ar-\iA… |
| 23-6341 | Tramaine Edward Martin v. Jay Forshey, Warden | Sixth Circuit | 2023-12-26 | Denied | Response WaivedIFP | abuse-of-process civil-rights criminal-procedure double-jeopardy due-process evidence evidence-sufficiency habeas-corpus judicial-misconduct | 1. Does habeas corpus stand to correct the abuse of process involved in deliberate deception of a court by presentation of known false evidence? 2. D… |
| 23-6262 | Raymond Clyde Robideau v. Minnesota | Minnesota | 2023-12-14 | Denied | IFP | aggravating-factors constitutional-rights criminal-procedure double-jeopardy judicial-discretion jury-trial jury-trial-waiver remand state-remand waiver | I. Is a court required to obtain a renewed jury-trial waiver when the State amends it's Aggravating Factor[s] after remand from State's Highest Cour… |
| 23-6263 | Freddy Abad v. United States | Second Circuit | 2023-12-14 | Denied | Response WaivedIFP | 924(c) 924(j) criminal-charging criminal-procedure double-jeopardy federal-criminal-law lora-v-united-states robbery-conspiracy sentencing-enhancement statutory-interpretation unit-of-prosecution united-states-v-davis | 1). Whether the two §§ 924(C), 924(J) Counts Five and Six, were based on a single "unit of prosectution ," this court should hold that they were; un… |
| 23-622 | Dale Thrush v. United States | Sixth Circuit | 2023-12-08 | Denied | Response Waived | arizona-v-washington circuit-split constitutional-review double-jeopardy fifth-amendment manifest-necessity mistrial-standard prosecution-evidence standard-of-review trial-court-discretion | 1. Whether this Court should adopt an objectively reasonable approach when evaluating whether the trial court's declaration of a mistrial was supporte… |
| 23-6169 | Juan Carlos Soto v. United States | Fourth Circuit | 2023-12-06 | Denied | Response WaivedIFP | 18-USC-3553 appeal appellate-review criminal-procedure double-jeopardy due-process federal-sentencing ninth-circuit-court remand sentencing sentencing-guidelines | A. Selective Remand Petitioner asks: Why does the 4th Circuit Court of appeals Remand (Almost Cases Where Not all of the appellant's Non-Frivolous Pa… |
| 23-6074 | Sylvester Onyejiaka, Jr. v. Missouri | Missouri | 2023-11-22 | Denied | Response WaivedIFP | controlled-substance criminal-law double-jeopardy fifth-amendment missouri-opinion possession-of-controlled-substance sentencing unlawful-use-of-weapon weapon-possession | Is a defendant's Fifth Amendment right against double jeopardy violated when a conviction and sentence is entered and imposed for unlawful use of a we… |
| 23-6091 | Valentino Bernard Lee v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Florida | 2023-11-22 | Denied | IFP | criminal-procedure double-jeopardy due-process firearm-possession jury-instructions legal-principles mandatory-minimum mandatory-minimum-sentence possession-of-firearm sentencing statutory-interpretation | Whether the trial court erred in sentencing defendant to a mandatory 11 year sentence under the 10-20-Life statute for possession of a firearm when th… |
| 23-6097 | Montrez Duncan v. United States | Sixth Circuit | 2023-11-22 | Denied | Response WaivedIFP | appellate-review constitutional-vindictiveness conviction criminal-sentencing double-jeopardy due-process judicial-discretion resentencing sentencing unconstitutional | Is a court constitutionally vindictive in violation of due process when, after it vacates the conviction and mandatory-consecutive sentence on a count… |
| 23-6069 | Jeremie Saintvil v. United States | Eleventh Circuit | 2023-11-21 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | bank-fraud constitutional-law constitutional-permissibility criminal-charging criminal-law double-jeopardy due-process fundamental-constitutional-rights statutory-interpretation waiver-of-rights | 1. Whether the two bank fraud subsections of 18 U.S.C. § 1344 are separate and distinct offenses that require charging in separate counts? 2. Whether… |
| 23-6054 | In Re Christopher Thieme | 2023-11-20 | Denied | IFP | 5th-amendment constitutional-violation double-counting double-jeopardy due-process grouping multiple-punishment sentencing-enhancement sentencing-guidelines | Does the application of a four-level sentencing enhancement under United States Sentencing Guideline § 2A1.5(b)(1) to the sentence calculation of a de… | |
| 23-6057 | Juan J. Zuniga-Bruno v. United States | First Circuit | 2023-11-20 | Denied | Response WaivedIFP | criminal-procedure double-jeopardy first-circuit issue-preclusion predicate-felonies sentencing statutory-interpretation supreme-court-precedent vacatur | 1. Whether the Court of Appeals of the First Circuit's affirming opinion in Zuniga-Bruno is case is conflicting with First Circuit precedents United S… |
| 23-6028 | Delroy T. Booth v. Georgia | Georgia | 2023-11-16 | Denied | Response WaivedIFP | burden-of-proof civil-rights double-jeopardy due-process fair-trial prosecutorial-misconduct | Question not identified. |
| 23-6004 | Reginald C. Scott v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. | Third Circuit | 2023-11-14 | Denied | IFP | constitutional-prohibition criminal-law double-jeopardy due-process fifth-amendment lesser-included-offense pennsylvania-law same-offense statutory-interpretation | Whether Robbery and Second Degree Murder, a greater and lesser included offense under Pennsylvania law, constitute the "same offense" under the Double… |
| 23-5968 | Richard Langston v. Connecticut | Connecticut | 2023-11-07 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2)IFP | constitutional-rights criminal-procedure criminal-sentencing double-jeopardy fourteenth-amendment jury-acquittal jury-trial sentencing sixth-amendment | Whether the Sixth and Fourteenth Amendments to the Constitution of the United States prohibit a state court from basing a criminal defendant's sentenc… |
| 23-5922 | Maxwell Chibueze Ezenwa v. United States | Fifth Circuit | 2023-10-31 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights double-jeopardy due-process eighth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct statute-of-limitations warrantless-arrest | 07/06/2016, altered to 07/07/2016 by A warrantless arrest made on a Harris County Sheriff Sergeant who issued a "Pocket Warrant", trespassed movant's … |
| 23-5899 | Rande Brian Isabella v. United States | Tenth Circuit | 2023-10-27 | Denied | Response WaivedRelisted (2)IFP | certificate-of-appealability constitutional-error double-jeopardy fifth-amendment lesser-included-offense manifest-constitutional-error sanabria-rule sanabria-v-united-states trial-termination | After the Government Concedes To Actual Innocence With Jeopardy Attached, and The District Court Terminates Jeopardy In the Substantive Offense Over D… |
| 23-5891 | Luis Alonso Hidalgo, III v. Tim Garrett, Warden, et al. | Ninth Circuit | 2023-10-26 | Denied | Response WaivedRelisted (2)IFP | confrontation-clause constitutional-rights criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel joinder joint-trial sixth-amendment | 1. Did the Ninth Circuit err when Petitioner Hidalgo made a substantial showing of the denial of a constitutional right as to the failure of counsel t… |
| 23-5833 | Sean William Roulo v. Minnesota | Minnesota | 2023-10-18 | Denied | Response WaivedRelisted (2)IFP | 6th-amendment double-jeopardy due-process equal-protection fair-notice fourteenth-amendment prosecutorial-misconduct right-to-counsel sixth-amendment | 1. Was the prosecutor's deliberate refusal to communicate with petitioner after filing formal charges, including withholding the court's summons and t… |
| 23-5791 | John Sherman Jumper v. United States | Third Circuit | 2023-10-16 | Denied | Response WaivedIFP | criminal-sentencing disgorgement double-jeopardy fifth-amendment kokesh-precedent kokesh-v-sec sentencing-enhancement | WHETHER THIS COURT'S HOLDING IN KOKESH V. SEC. WHICH HELD THAT DISGORGEMENT IS A PENALTY, PRECLUDES EITHER THE IMPOSITION OF A CRIMINAL SENTENCE IN IT… |
| 23-5734 | Lawrence Flack v. United States | Sixth Circuit | 2023-10-10 | Denied | Response WaivedIFP | appellate-waivers constitutional-rights double-jeopardy guilty-plea ineffective-assistance ineffective-counsel plain-error plea-agreement | Whether Appellant counsel Anders brief was inadequate were evidence exist that Appellant Constitutional rights were violated, double jeopardy rightsI.… |
| 23-5711 | Mitchell D. Green v. Wisconsin | Wisconsin | 2023-10-04 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | admissible-evidence constitutional-law criminal-procedure double-jeopardy due-process jury jury-impartiality mistrial trial-rights | In Arizona v. Washington, 434 U.S. 497, 98 S.Ct. 824, 54 L.Ed.2d 717 (1978) this Court addressed under what circumstances the Double Jeopardy Clause p… |
| 23-5688 | Angel Marie Jordan v. United States | Fifth Circuit | 2023-10-02 | Denied | Response WaivedRelisted (2)IFP | appeal-waiver constitutional-challenge criminal-justice criminal-procedure double-jeopardy due-process plea-agreement right-to-appeal | This Court has recognized that an appeal waiver in a plea agreement cannot bar a challenge when a conviction, or sentence, is based on "constitutional… |
| 23-5668 | Maurice Bellamy v. United States | District of Columbia | 2023-09-28 | Denied | Response WaivedIFP | appellate-review constitutional-vagueness count-severance criminal-indictment criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process indictment joinder severance trial-court-discretion | I. Whether the trial court erred when it denied defendant's repeated motions to sever counts in the indictment II. Whether the cruel, heinous and atr… |
| 23A257 | In Re Gregory Mercer | 2023-09-21 | Presumed Complete | appellate-procedure double-jeopardy due-process fifth-amendment fourteenth-amendment separate-sovereigns | Question not identified. | ||
| 23A234 | Jerry Laza v. City of Palestine, Texas | Texas | 2023-09-12 | Presumed Complete | civil-to-criminal-conversion double-jeopardy due-process-protections quasi-criminal-proceedings reasonable-doubt structural-error | Question not identified. | |
| 23-5540 | Michael Rinaldi v. United States | Third Circuit | 2023-09-07 | Denied | Response WaivedIFP | 6th-amendment acquitted-conduct criminal-sentencing double-jeopardy due-process fifth-amendment jury-trial ratio-decidendi sentencing sixth-amendment | 1. ) Whether the fifth and sixth amendments prohitbit a ferderal court from basing a criminal defendants sentence on conduct for which a jury has acq… |
| 23-5527 | Brian Kerry O'Keefe v. Doug Gillespie, et al. | Ninth Circuit | 2023-09-06 | Denied | IFP | circuit-court-review civil-procedure constitutional-violation criminal-conviction criminal-procedure double-jeopardy federal-habeas habeas-corpus jurisdiction post-conviction post-conviction-relief state-court-proceeding | Question not identified. |
| 23-5517 | Kamar Laquan Cox v. United States | Sixth Circuit | 2023-09-05 | Denied | Response WaivedIFP | acquittal criminal-sentencing double-jeopardy due-process fifth-amendment judicial-discretion jury-acquittal jury-trial sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 23-5442 | Wayne Jerome Johnson v. California | California | 2023-08-25 | Denied | Response WaivedRelisted (3)IFP | constitutional-vagueness criminal-sentencing cruel-and-unusual double-jeopardy due-process felony-misdemeanor penal-code-interpretation three-strikes three-strikes-law vagueness | Whether it is unconstitutional, i.e., cruel and unusual, double jeopardy, and a violation of the due process clause to impose two separate strikes on … |
| 23-5434 | Lamar Victor Moncrieffe v. United States | Eleventh Circuit | 2023-08-24 | Denied | Response WaivedIFP | acquitted-conduct double-jeopardy fifth-amendment jury-determination jury-trial sentencing-enhancement sixth-amendment | Whether a district court violates a defendant's Fifth Amendment and Sixth Amendment rights by basing a substantial four-level sentencing enhancement o… |
| 23-5416 | Curtis Benjamin Hollingsworth v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. | Ninth Circuit | 2023-08-23 | Denied | Response WaivedIFP | civil-rights constitutional-rights double-jeopardy due-process federal-jurisdiction state-action | Does the federal courts have to oversee States and individuals, acting in those official capacity and/or the authority of the States, do not violate i… |
| 23-5394 | In Re Justin Lewis | 2023-08-18 | Denied | IFP | appellate-jurisdiction civil-rights constitutional-law criminal-procedure double-jeopardy due-process eighth-amendment federal-court fifth-amendment fourteenth-amendment judicial-review legal-procedure | Question not identified. | |
| 23-5363 | Kyle Richard Bishop v. Georgia | Georgia | 2023-08-16 | Denied | Response WaivedIFP | civil-rights constitutional-interpretation criminal-procedure double-jeopardy due-process judicial-discretion jurisdiction mitigating-factors sentencing-guidelines standing | Question not identified. |
| 23-5339 | Jean Buteau Remarque v. United States | Fourth Circuit | 2023-08-11 | Denied | Response WaivedIFP | arbitrary-enforcement civil-rights criminal-procedure double-jeopardy due-process fourth-amendment probable-cause section-2252A speedy-trial statutory-interpretation | 1. Whether an unprecedented legal theory of receipt that relies on file name of unauthenticated screen shots as relevant unit of prosecution under Sec… |
| 23-5281 | Morris Scott Holmes v. Tommy Bowen, Warden | Georgia | 2023-08-04 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights criminal-procedure double-jeopardy due-process fair-trial habeas-corpus ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct | I. D&U.BLS. IT£/SPAf\-DY 1 f*g4i4i an.i4r U/£LS faiLiud *rUfl4 du.il4u v of WaLiCd. flluftlCr fcdiLnil Dfde ^ t\\n.ct^£ of i/udicfmeAi + 'i'lLoHXX ^f… |
| 23-5290 | Littleton William Clark v. United States | Eighth Circuit | 2023-08-04 | Denied | Response WaivedIFP | criminal-law district-court double-jeopardy due-process felony-offense firearms guideline-application sentencing-enhancement sentencing-guidelines statutory-interpretation | Whether the District Court erred in interpreting Note 14(c) of §2K2.1(b)(6)(B) when it applied a four-level enhancement pursuant to §2K2.1(b)(6)(B) fo… |
| 23-5270 | Justin Lewis v. United States | Eleventh Circuit | 2023-08-03 | Denied | Response WaivedIFP | appellate-jurisdiction constitutional-violation criminal-procedure double-jeopardy due-process eighth-amendment fifth-amendment fourteenth-amendment good-faith-appeal motion-to-dismiss | Question not identified. |
| 23-5253 | Youssef Hoballah v. Virginia | Virginia | 2023-08-01 | Denied | IFP | appeal-procedure constitutional-rights criminal-procedure double-jeopardy due-process evidence plea-bargaining sentencing sixth-amendment structural-error trial-procedure | Question not identified. |
| 23-5125 | Justin Lewis v. United States | Eleventh Circuit | 2023-07-18 | Denied | Response WaivedIFP | appellate-review constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment habeas-corpus ineffective-assistance jurisdiction sixth-amendment | Question not identified. |
| 23-5090 | Travis J. Brown v. California | California | 2023-07-13 | Denied | Response RequestedRelisted (3)IFP | acquittal appellate-jurisdiction constitutional-protections criminal-procedure double-jeopardy due-process fifth-amendment judicial-review mistrial procedural-error | WHETHER A STATE COURT SUBMITS A SUCCESSION OF VERDICTS BOTH GUILTY AND NOT GUILTY OF THE SAME COUNT, AGAINST THE SAME DEFENDANT, AND TO THE SAME TRIAL… |
| 23-25 | Michael Charles Ward v. James V. Chafin, et al. | Eleventh Circuit | 2023-07-07 | Denied | absolute-immunity appellate-procedure civil-procedure civil-rights constitutional-rights double-jeopardy due-process prosecutorial-immunity prosecutorial-misconduct section-1983 | In 2010, Petitioner Charlie Ward was convicted of aggravated stalking and sentenced to 10 years in prison. The prosecutors who obtained that convictio… | |
| 23-5054 | Vitaly Burleovitsch Kolosha v. Oklahoma | Oklahoma | 2023-07-06 | Denied | Relisted (2)IFP | constitutional-rights criminal-procedure double-jeopardy due-process evidence-access exculpatory-evidence grand-jury multiple-prosecutions post-conviction sentencing state-prison | U/frthT /S> P/XOpB/2 uJtTBM SPATE- cl*0<u*LFs AlBPtS£/~Af<5 TO tr&A-R- CLASS njtfSOJE A McecJpf Ceoc/MTY Or/L/HJd \Tcy/2^/ ppPc/spp TO /Mb7cT~ p&ri t… |
| 22-7880 | Maylesha S. Lewis v. Nebraska | Nebraska | 2023-06-27 | Denied | Response WaivedIFP | blockburger blockburger-test criminal-prosecution diaz-exception diaz-v-united-states double-jeopardy driving-under-the-influence fifth-amendment motor-vehicle-homicide | IL Is Diaz v. United States, 223 U.S. 442 (1912) an exception to the double jeopardy rule announced in Blockburger v. United States, 284 U.S. 299 (193… |
| 22-7858 | Wayne Anthony Aviles v. Captain Jason Kowalski | Montana | 2023-06-23 | Denied | IFP | double-jeopardy due-process guardian-ad-litem ineffective-assistance-of-counsel judicial-bias sentencing | 1. Is the Montana, Tenth Judicial District court, Fergus Connty, at fault for Double Jeopardy by giving Mr. Aviles 4 seperate Sentences? 2. Is the ju… |
| 22-7815 | Joseph Carl Stanley v. Martin Biter, Warden | Ninth Circuit | 2023-06-20 | Denied | Response WaivedIFP | double-jeopardy due-process habeas-review implied-consent judicial-norms mistrial ninth-circuit state-law | On federal habeas review, a divided panel of the Ninth Circuit rejected Joseph Stanley's double jeopardy challenge to his retrial, holding that by fai… |
| 22-7768 | Nidal Ayyad v. United States | Second Circuit | 2023-06-13 | Denied | Response WaivedIFP | criminal-procedure direct-appeal double-jeopardy habeas-corpus resentencing section-2255 sentencing sentencing-review vacatur | Whether, following the vacatur of a count of conviction (either on direct appeal or via a § 2255 motion), the district court must resentence the defen… |
| 22-1185 | Anthony James Scott v. Georgia | Georgia | 2023-06-07 | Denied | Response Waived | brady-violation criminal-procedure double-jeopardy due-process fifth-amendment mistrial mistrial-request prosecutorial-misconduct | Did the Carroll County Superior Court and the Court of Appeals of the State of Georgia err when they held that the Carroll County District Attorney's … |
| 22-1177 | Lindsay L. Lee v. New York | New York | 2023-06-05 | Denied | Response Waived | abuse-of-process constitutional-rights double-jeopardy due-process fair-trial judicial-misconduct mistrial retrial | The unwarranted declaration of a mistrial deprived the petitioner of her constitutional rights to a fair trial. The lower courts must assure that a mi… |
| 22-7701 | Jose Pena v. United States | Second Circuit | 2023-06-05 | Denied | Response WaivedIFP | appeals appellate-review criminal-procedure de-novo-review double-jeopardy due-process habeas-corpus section-2255 sentencing vacatur | Whether, following the vacatur of a count of conviction (either on direct appeal or via a § 2255 motion), the district court must resentence the defen… |
| 22-7589 | Troy G. Saxton v. Jay Forshey, Warden | Sixth Circuit | 2023-05-18 | Denied | Response WaivedIFP | 28-usc-2253 brown-v-ohio certificate-of-appealability double-jeopardy drug-possession habeas habeas-corpus reasonable-jurists spatial-units | Whether a habeas petitioner satisfies his burden under 28 U.S.C. §2253(c)(2) for the issuance of a certificate of appealability when he demonstrates t… |
| 22-7577 | Lamonte Ealy v. Dylon Radtke, Warden | Seventh Circuit | 2023-05-17 | Denied | IFP | blockburger-test constitutional-review double-jeopardy multiplicity procedural-default same-elements same-parties state-statute | Whether jurist of reason would find it debatable or wrong the District court assessment of Double Jeopardy Multiplicity counts under the same state st… |
| 22-7561 | In Re Christopher Vigliotti | 2023-05-16 | Denied | IFP | constitutional-rights double-jeopardy due-process multiple-punishment plea-bargain probation probation-violation sentencing sentencing-scheme statutory-authority | Petitioner humbly calls upon this Court to test the legality of his present 15 year state prison sentence which stemmed from violating probation, a pr… | |
| 22-7509 | Gary R. Thompson, Jr. v. Oklahoma | Oklahoma | 2023-05-10 | Denied | IFP | blockburger-v-united-states constitutional-violation criminal-rights double-jeopardy due-process fifth-amendment hazel-atlas-glass-co-v-hartford prosecutorial-misconduct supreme-court-precedent united-states-v-dixon | Under a certified question of law; Does (1) the double jeopardy protection contained within the Fifth Amendment of the United States Constitution, st… |
| 22-7501 | Leon Caril, II v. Washington | Washington | 2023-05-09 | Denied | IFP | appeals-process criminal-procedure double-jeopardy due-process improper-witness-testimony ineffective-assistance-of-counsel legal-errors sentencing-errors sentencing-review sixth-amendment witness-testimony | 1. an as an Jvshce [A deciding Prosecuterial Vindiot veness OF appeals a ys want jvstee ta dec? " PTesecutecs 2. fA cidiag oX two Count ConyicHea Sor… |
| 22-1059 | Jorge Marc Gonzalez-Betancourt v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2023-05-03 | Denied | Response Waived | civil-forfeiture collateral-estoppel controlled-substances double-jeopardy exhaustion fifth-amendment ruan-v-united-states state-prosecution | After losing their civil forfeiture appeal, the City of Tampa turned over the exact same evidence to the State of Florida in a successful attempt to c… |
| 22-7438 | Frank Nellom v. United States District Court for the Eastern District of Pennsylvania | Third Circuit | 2023-05-03 | Denied | Response WaivedRelisted (2)IFP | court-order criminal-procedure double-jeopardy due-process expungement fourteenth-amendment judicial-interpretation jury-finding jury-instructions rape-conviction | A. Did the honorable Philadelphia Court of Common Pleas Judge Joan A. Brown find the Commonwealth v. Frank Nellom, 565 A.2d 770 (Pa. Super. 1989) Cour… |
| 22-7452 | Lashawna Lashae Stewart v. United States | Fifth Circuit | 2023-05-03 | Denied | Response WaivedIFP | bank-robbery criminal-law criminal-statute divisible-offense double-jeopardy federal-sentencing sentencing statutory-interpretation uniform-administration united-states-code | In Prince v. United States, 352 U.S. 322 (1957), this Court construed the first and second paragraphs of 18 U.S.C. § 2113(a) —bank robbery and entry i… |
| 22-7311 | Randal Thomas Rosado v. Florida | Florida | 2023-04-17 | Denied | Response WaivedIFP | constitutional-rights criminal-act double-jeopardy fifth-amendment fourteenth-amendment multiple-prosecutions multiple-punishments negotiated-plea plea-bargaining same-offense sixth-amendment | Does a ~\ren~counf Conviction under He. Same. S~kchk- ■ppir (X. S OLct~ of -P7/Vi^f cz>V)dL doe-U/neflt y/folohfL double yZopardj clause- of tie Fif… |
| 22-7296 | Nathan Karl Thomas v. United States | Eighth Circuit | 2023-04-14 | Denied | Response WaivedRelisted (2)IFP | constitutional-challenge criminal-procedure criminal-sentencing double-jeopardy due-process legal-review plea-bargaining sentencing statutory-interpretation substantive-review supreme-court-petition | Did the government breach the plea agreement by giving Petitioner a substantive sentence that was inconsistent with the plea agreement? Double Jeopar… |
| 22-7257 | Santos Cuevas v. Tina Kotek, Governor of Oregon, et al. | Ninth Circuit | 2023-04-12 | Denied | IFP | constitutional-review double-jeopardy due-process federal-law judicial-discretion jury-trial sentence-enhancement sentencing sixth-amendment | Has Oregon's Judiciary and legislature failed to incorporate landmark cases relevant for how and-when to enhance a sentence, and to comport with the r… |
| 22-985 | Ferrell Walker v. United States | Eleventh Circuit | 2023-04-11 | Denied | Response Waived | child-pornography double-jeopardy fifth-amendment revocation sentencing supervised-release | 1. Whether the subsequent imposition of a sentence to a term of imprisonment of 168 months on a charge of possession of child pornography, to run cons… |
| 22-7154 | In Re James C. Winding | 2023-03-30 | Denied | Relisted (2)IFP | double-jeopardy due-process due-process-violation jurisdiction kidnapping sexual-battery | Question not identified. | |
| 22-7159 | Denzel Simmons v. Mike Walczak, Warden | Sixth Circuit | 2023-03-30 | Denied | IFP | appellate-procedure civil-rights constitutional-rights criminal-procedure double-jeopardy due-process fraud-on-court free-speech ineffective-assistance-of-counsel police-misconduct sixth-circuit | 1) Musk MESimamens conchors fer assaul voitn intenb te ou Ader and LAorions. assaull le vacated because ray, are nck supported. by soPhiciend eindence… |
| 22-7092 | Lorenzo Hardwick v. United States | Third Circuit | 2023-03-24 | Denied | Response WaivedIFP | appellate-procedure certificate-of-appealability collateral-estoppel double-jeopardy fifth-amendment ineffective-assistance ineffective-assistance-of-counsel third-circuit | DID THE APPEALS COURT FOR THE THIRD CIRCUIT ERROR BY DENYING PETITIONERS CERTIFICATE OF APPEALABILITY WHERE APPELLATE COUNSEL RENDERED INEFFECTIVE ASS… |
| 22-7098 | Rashid Turner v. United States | Eleventh Circuit | 2023-03-24 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 4th-amendment bank-robbery-act cell-phone cell-phone-search double-jeopardy exclusionary-rule good-faith good-faith-exception hobbs-act search-and-seizure warrant warrant-requirement | Whether good faith should apply when law enforcement agency has a policy, written or unwritten, where the officer who conducts a search of a cell phon… |
| 22-7064 | Ryan Rydell Bonner v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2023-03-22 | Denied | IFP | constitutional-provisions double-jeopardy due-process habeas-corpus inmate-rights judicial-review legal-controversy petition-clause pretrial-writ reindictment statutory-provisions | WHEN PETITION FOR EXTRAORDINARY WRIT IS FILED ON DOUBLE JEOPARDY CAUSE THERETO, THE STATE HIGHEST COURT BEFORE TRIAL HAD EITHER JURISDICTION FOR THE S… |
| 22-7021 | Victor Todd Williams v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2023-03-15 | Denied | IFP | actual-innocence constitutional-rights double-jeopardy due-process federal-habeas habeas-corpus limitation-period procedural-law state-post-conviction statute-of-limitations tolling | QUESTION No. 1 Wnether the court of appeals should have issued a Certificate of Appealability upon the Petitioner's claim and issue of whether the dis… |
| 22-6905 | Francisco Nunez Carrillo v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. | Ninth Circuit | 2023-03-02 | Denied | Response WaivedIFP | appeal constitutional-law criminal-procedure double-jeopardy sentencing statutory-interpretation | Question not identified. |
| 22-6878 | Roger Keith Lunsford v. United States | Fourth Circuit | 2023-02-28 | Denied | Response WaivedIFP | collateral-attack constitutional-rights criminal-procedure district-court double-jeopardy due-process federal-prosecution habeas-corpus hearing-requirement legal-relief | IX. Could Whe Stole Violate A Defendants Subshant! Ve And Procedural Right To Due Recess So Earegiously That Lt Would Bar A Future Federal, Rosecution… |
| 22-6871 | Ahmed Khalil v. New York | New York | 2023-02-27 | Denied | Response WaivedIFP | criminal-procedure double-jeopardy due-process prosecutorial-misconduct sentencing speedy-trial | I' Ktd Ti-cp&flc 7«e^ i*<&eQJK fitfi'TiVnif-U)ke*-e -fie pYaSsCvT^r osA«u w- \ahtti tLcr wVTW Wooy <W c^i^<s (xwa/,yer dlibyij 'f'L) cuzfioa J kofru#… |
| 22-6833 | James Floyd v. Texas | Texas | 2023-02-22 | Denied | Response WaivedIFP | constitutional-law criminal-procedure double-jeopardy due-process evidentiary-hearing goading mistrial trial-rights | 1) Does a goading-style Double Jeopardy violation bar further retrial even where the trial court had granted a mistrial on anindependent ground? 2) I… |
| 22-6796 | Marty Allen Owens v. Rick Whitten, Warden | Tenth Circuit | 2023-02-16 | Denied | IFP | cherokee-nation constitutional-rights double-jeopardy due-process major-crimes-act mcgirt-decision subject-matter-jurisdiction tribal-membership | Did the McGirt v. Oklahoma, 140 S.Ct. 2452 (2020) decision, embrace, include within, annex to, the Major Crimes Act, 18 U.S.C. §1153(a), to the Territ… |
| 22-6753 | Andrew Mark Lamar v. Colorado | Colorado | 2023-02-10 | Denied | IFP | constitutional-rights double-jeopardy due-process fair-trial fourteenth-amendment juror-misconduct mistrial sixth-amendment | On direct-collateral review: WHETHER PETITIONER'S RIGHT TO A FAIR AND IMPARTIAL TRIAL WAS VIOLATED DUE TO JUROR MISCONDUCT. U.S. CONST. AMENDS. VI, XI… |
| 22-6736 | Justin D. Martin v. United States | Sixth Circuit | 2023-02-09 | Denied | Relisted (8)IFP | acquittal criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment judicial-discretion jury-acquittal jury-trial sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 22-6727 | Kenneth Baldwin v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2023-02-08 | Denied | Response WaivedRelisted (2)IFP | 28-usc-2244 constitutional-rights double-jeopardy due-process habeas-corpus judicial-procedure resentencing sentencing state-court statutory-interpretation | The first question presented is one who 's being illegally detained pursuant to October 15, 2012 resentencing which authorize custody on new judgment … |
| 22-6706 | Darin M. Ogden v. Idaho | Idaho | 2023-02-07 | Denied | Response WaivedIFP | acquittal criminal-procedure criminal-sentencing double-jeopardy due-process fourteenth-amendment jury-acquittal lewd-conduct sentencing united-states-v-watts | Whether the due process clause of the Fourteenth Amendment prohibits a state court from basing a criminal defendant's sentence on conduct for which a … |
| 22-6721 | Jeffery T. Crystal v. Florida | Florida | 2023-02-07 | Denied | IFP | constitutional-rights criminal-charges criminal-procedure double-jeopardy due-process ex-post-facto jury-determination jury-trial sixth-amendment supremacy-clause trial-procedure verdict-form | Did the "verdict form " agreed upon by the jury failure to specify I. "GUILTY " as to Count 1 violate 6th Amendment right to a jury determination of G… |
| 22-721 | Damian McElrath v. Georgia | Georgia | 2023-02-02 | Judgment Issued | Amici (5)Relisted (7) | acquittal criminal-procedure criminal-prosecution double-jeopardy fifth-amendment jury-verdict prosecution repugnant-verdict repugnant-verdicts | The Georgia Supreme Court held that a jury's verdict of acquittal on one criminal charge and its verdict of guilty on a different criminal charge aris… |
| 22-6665 | Orlando Cortez-Nieto and Jesus Cervantes-Aguilar v. United States | Tenth Circuit | 2023-01-31 | Denied | IFP | criminal-procedure double-jeopardy due-process judicial-discretion jury-instructions lesser-included-offenses post-trial-convictions sua-sponte | May a court sua sponte enter post-trial convictions on lesser-included offenses that the jury had no authority to return? |
| 22-700 | Mark Howerton v. Texas | Texas | 2023-01-26 | Denied | criminal-procedure double-jeopardy due-process fifth-amendment intent judicial-discretion mistrial oregon-v-kennedy prosecutorial-misconduct | This Court has long held that a mistrial declared in the face of manifest necessity does not generally prohibit a retrial under the Fifth Amendment. W… | |
| 22-6617 | Winsloe Duhaney v. United States | District of Columbia | 2023-01-24 | Denied | Response WaivedIFP | appellate-review criminal-procedure double-jeopardy implied-acquittal statutory-interpretation sufficiency-of-evidence | After a defendant on appeal challenges the sufficiency of the evidence under the subsection of the criminal statute under which he was convicted, and,… |
| 22-6576 | Phillip Tarver v. Keisha Fisher, Administrator, South Woods State Prison, et al. | Third Circuit | 2023-01-19 | Denied | IFP | civil-rights constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process fourteenth-amendment sixth-amendment trial-by-jury | UNDER THE FIFTH, SIXTH AND FOURTEENTH AMENDMENTS WAS THE PETITIONER DEPRIVED OF HIS DUE PROCESS RIGHT TO TRIAL BY JURY AND HIS RIGHT NOT TO BE PUT IN … |
| 22-6444 | Stephen Duane Burgess v. United States | Ninth Circuit | 2023-01-04 | Denied | Response WaivedIFP | crime-of-violence criminal-law double-jeopardy due-process federal-sentencing federal-statute second-degree-murder sentencing-enhancement statutory-interpretation violent-crime | Whether a conviction for federal "second degree murder" under 18 U.S.C. § 1(a) is a "crime of violence" under 18 U.S.C. § 924(c)(3). |
| 22-6408 | Samuel Lawrence Wood v. Mike Brown, Warden | Sixth Circuit | 2022-12-28 | Denied | Response WaivedIFP | concurrent-sentences consecutive-sentences criminal-procedure double-jeopardy due-process federal-review federal-sentencing habeas-corpus sentencing state-prisoner state-sentencing statutory-authority | Is the state of Michigan in the Absence of Statutory Authority. See 18 U.S.C. 9 3584 (a) Petitioner was Already subject to the state sentences. Petiti… |
| 22-6374 | Damian Perry v. United States | First Circuit | 2022-12-22 | Denied | Response WaivedIFP | constitutional-law constitutional-protection criminal-procedure double-jeopardy due-process first-circuit same-offense sentencing-enhancement successive-punishments | Has the First Circuit impermissibly narrowed the application of Double Jeopardy Clause of the United States Constitution therefore removing any practi… |
| 22-6376 | Marcus Joseph v. South Carolina | South Carolina | 2022-12-22 | Denied | Response WaivedRelisted (2)IFP | arbitrary-suspension civil-rights constitutional-interpretation criminal-procedure double-jeopardy due-process ex-post-facto habeas-corpus proportionality-review sentencing-guidelines state-court | Question not identified. |
| 22-6377 | Thaddeus Chaylon Martin v. Florida | Florida | 2022-12-22 | Denied | IFP | civil-rights corrections criminal-procedure double-jeopardy due-process judicial-discretion jurisdiction prison-credits retroactive-application sentencing sentencing-credits | ①Dd Court hae tunisdieton to Amend are-charge then re- sentence again years Later to an expired sentence? martin recieved (45) duy time serve April 29… |
| 22-6386 | Frank Sanchez v. United States | Eighth Circuit | 2022-12-22 | Denied | Relisted (9)IFP | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment sentencing sixth-amendment | Whether the use of acquitted conduct to determine a defendant's sentence violates the Fifth and Sixth Amendments. |
| 22-6359 | Leonid Gershman v. United States | Second Circuit | 2022-12-21 | Denied | Response WaivedIFP | appellate-review collateral-consequence conspiracy-charges criminal-conviction criminal-procedure double-jeopardy merger plain-error sentencing sentencing-multiplicity | Isn't it plain error for a court to impose multiple punishments for multiple counts of conviction that for double jeopardy purposes amount to the same… |
| 22-6364 | Fairly W. Earls v. Federal Bureau of Prisons | Seventh Circuit | 2022-12-21 | Denied | IFP | concurrent-sentences consecutive-sentences constitutional-rights double-jeopardy due-process federal-sentence sentencing sentencing-guidelines state-sentence | I. Whether Earls should have to serve the same Federal Sentence a Second Time. The United States Court of Appeals for the Seventh Circuit violated Ear… |
| 22-6365 | Ronald E. Cook v. Tom Watson, Warden | Sixth Circuit | 2022-12-21 | Denied | IFP | appeals constitutional-law constitutional-rights criminal-defense criminal-procedure double-jeopardy due-process evidence-exclusion fair-trial jurisdiction right-to-present-defense | Question not identified. |
| 22-6258 | Rondale Young v. United States | Ninth Circuit | 2022-12-08 | Denied | Response WaivedIFP | assimilated-crimes assimilative-crimes-act criminal-procedure double-jeopardy due-process fifth-amendment houston-v-moore separate-sovereign-doctrine | Whether, pursuant to the Houston v. Moore, 18 U.S. 1 (1820) exception to the separate-sovereign doctrine, a defendant previously acquitted of murder u… |
| 22-6245 | Wade Plair v. Supreme Court of Pennsylvania, et al. | Third Circuit | 2022-12-07 | Denied | IFP | constitutional-violations double-jeopardy due-process equal-protection obstruction-of-justice prosecutorial-misconduct tampering-with-records | DOES INTENTIONAL PROSECUTORIAL MISCONDUCT DISQUALIFY THE TRIAL COURT FROM PURSUING A SECOND PROSECUTION OF THE SAME CASE. ?1. WHEN A COMMON PLEAS COU… |
| 22-6212 | Eric Cain v. United States | Sixth Circuit | 2022-12-02 | Denied | Relisted (9)IFP | criminal-procedure double-jeopardy due-process federal-sentencing-guidelines fifth-amendment jury-trial-right sentencing-guidelines sixth-amendment | After a jury acquitted the petitioner of a firearms charge, the district court relied on the same conduct to increase his sentence range under the Fed… |
| 22-6164 | Calvin Gary Walker v. Texas | Texas | 2022-11-29 | Denied | IFP | constitutional-law double-jeopardy due-process fifth-amendment judgment restitution sentencing | 1. Does the Fifth Amendment's double jeopardy clause bar a restitution order entered ninety-nine days after Petitioner's sentence began and after entr… |
| 22-6109 | Dustin Wayne Randall v. United States | Ninth Circuit | 2022-11-18 | Denied | IFP | circuit-split criminal-law criminal-procedure double-jeopardy due-process non-indigent-defendant special-assessment statutory-construction statutory-interpretation | The question presented is whether 18 U.S.C. § 3014, once triggered by a qualifying conviction, requires a non-indigent defendant to pay a single addit… |
| 22-6038 | Gabriel Mangum v. United States | Eighth Circuit | 2022-11-10 | Denied | Response WaivedIFP | 18-usc-751 5th-amendment criminal-procedure double-jeopardy escape-from-custody fifth-amendment residential-reentry-center statutory-interpretation supervised-release | 1. Whether Petitioner's 5" Amendment Double Jeopardy rights were violated when he was punished twice for the same conduct, to wit: Escape from Custody… |
| 22-5975 | Donnie Earl Phillips, Jr. v. Texas | Texas | 2022-11-04 | Denied | IFP | civil-rights compensation constitutional-rights double-jeopardy due-process fundamental-rights judicial-review legal-proceedings malicious-prosecution speedy-trial wrongful-imprisonment | . DOES FUNDAMENTAL ERROR, PlAIN ERROR, CLEAr ERROR, CONSTITUTIONAL ERROR all COINCIDE when depriving a persin of a fairtrial? 2. Is Dismissal the onl… |
| 22-5976 | Ricky Pendleton v. Donnie Ames, Superintendent, Mount Olive Correctional Complex | West Virginia | 2022-11-04 | Denied | Response WaivedIFP | constructive-amendment criminal-procedure double-jeopardy fifth-amendment grand-jury ineffective-assistance-of-counsel ineffective-counsel jurisdiction malicious-assault robbery sixth-amendment | Under the Constructive Amendment, any substantial amendment, direct or indirect, of an indictment must be resubmitted to the grand jury. Pendleton new… |
| 22-5979 | Demetrice R. Devine and Brandon Jowan Mangum v. United States | Fourth Circuit | 2022-11-02 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | blockburger-test consecutive-sentences constitutional-review criminal-sentencing double-jeopardy modified-blockburger new-sentencing-hearings sentencing sentencing-enhancements substantive-reasonableness | 1. Should this Court adopt the predominant modified Blockburger approach and find the maximum consecutive sentences imposed on the Petitioners on all … |
| 22-5874 | Dustin Nguyen v. United States | Eighth Circuit | 2022-10-20 | Denied | Response WaivedIFP | collateral-attack constitutional-interpretation double-jeopardy due-process final-order judicial-jurisdiction rules-of-construction void-judgment | Forthright observance of rights presupposes their forthright definition. Judges must make clear and understandable the reasons for deciding as they do… |
| 22-5870 | Rodney Marshall v. Brian Williams, Warden, et al. | Ninth Circuit | 2022-10-19 | Denied | Response WaivedIFP | appeal certificate-of-appealability criminal-procedure criminal-sentencing double-jeopardy due-process fair-trial ninth-circuit sentencing | 1. Whether the Ninth Circuit erred by denying a certificate of appealability on the question of whether Mr. Marshall's right to be free from double je… |
| 22-5851 | Siaosi Vanisi v. William Reubart, Acting Warden | Nevada | 2022-10-17 | Denied | IFP | competency criminal-procedure double-jeopardy gross-negligence intent-requirement mental-competency oregon-v-kennedy self-representation | 1. Does gross negligence on the part of the State satisfy the intent requirement as set forth in Oregon v. Kennedy, 456 U.S. 667 (1982) so that double… |
| 22-5828 | DeShaun Bullock v. United States | Eighth Circuit | 2022-10-14 | Denied | Relisted (10)IFP | acquittal criminal-procedure criminal-sentencing double-jeopardy fifth-amendment judicial-discretion jury-acquittal sentencing sixth-amendment | 1. Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitt… |
| 22-5836 | Laquan Kyle Duane Shakespeare v. United States | Tenth Circuit | 2022-10-14 | Denied | Response WaivedIFP | 18-usc-3583k consecutive-sentences constitutional-challenge double-jeopardy due-process mandatory-minimum marks-doctrine marks-v-united-states sentencing-enhancement statutory-interpretation united-states-v-haymond | 1. Whether Mr. Shakespeare's five-year mandatory minimum revocation term of imprisonment imposed pursuant to 18 U.S.C. § 3583(k) is valid in light of … |
| 22-5739 | LaTausha Simmons v. Michigan | Michigan | 2022-10-03 | Denied | IFP | acquittal appeal circuit-court constitutional-protection criminal-prosecution double-jeopardy insufficient-evidence jurisdiction michigan-supreme-court reconsideration | I. WHETHER THE MICHIGAN SUPREME COURT ERRED IN CONCLUDING THAT THE PROHIBITION AGAINST DOUBLE JEOPARDY (see US Const, Am V and Const 1963, art 18 15… |
| 22-5712 | Ramona I. Morgan v. Gloria Geither | Tenth Circuit | 2022-09-29 | Denied | Response WaivedIFP | certificate-of-appealability criminal-procedure district-court-jurisdiction double-jeopardy due-process habeas-corpus jurisdiction motion-to-vacate prosecutorial-discretion sentencing-review statutory-interpretation | 1. Should the United States Court of Appeals for the Tenth Circuit have granted a Certificate of Appeal to the Petitioner [Edmond Morgan]? 2. Should … |
| 22-5719 | Shannon Dewayne Reece v. Texas | Texas | 2022-09-29 | Denied | IFP | aggravated-robbery criminal-conviction double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct state-court-precedent witness-testimony | CAN A PERSON BE CONUICTEO OF AN OFFENSE; EVEN AFTER THE UICTIM TESTIFIES THAT THE DEFENDANT IS NOT THE PERSON THAT ASSAULTED OR ROBBED THEM? IS -IT A… |
| 22-5507 | Edward F. Swanson v. Texas | Texas | 2022-09-06 | Denied | IFP | appellate-review criminal-procedure double-jeopardy due-process felony-dismissal ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-guidelines strickland-standard | xs itH ■Oxstrxc .t Clou fir uxolateDXO THE THE SJftZCtf/JGS OF HPPPEAOZ ?* t v tPH f> Tt/fiSC OXSMXSS THE... Titty &TP ,n aeFEUOMT QuZLTy OF /) LtC°X… |
| 22-5356 | Joseph Montrel Bourgeois v. Texas | Texas | 2022-08-16 | Denied | IFP | civil-procedure constitutional-review double-jeopardy effective-assistance-of-counsel habeas-corpus ineffective-assistance procedural-default state-court-precedent state-court-review successive-petition supreme-court-precedent | Does Slock Burge # vs, united States^py u.s,^ CM33P DPPlt To my Cnss? Dou&is ieoPARoy DOES BzRCWFXELD CSJ CONCuRRETfRuLlNOS reply To roy CASE? Birckf… |
| 22-118 | Marquis Shaw v. United States | Ninth Circuit | 2022-08-08 | Denied | Relisted (12) | acquitted-conduct constitutional-rights criminal-sentencing double-jeopardy due-process issue-preclusion jury-trial sentencing united-states-v-watts | (1) Do either the Jury Clauses of Article III and the Sixth Amendment or the Due Process Clause of the Fifth Amendment bar a court from imposing a mor… |
| 22-5239 | Edward Bishop v. Jonathan R. Hemingway, Warden | Sixth Circuit | 2022-08-01 | Denied | Response WaivedIFP | criminal-law criminal-statute double-jeopardy due-process federal-criminal-law fifth-amendment legal-interpretation offense-definition sentencing statutory-interpretation | Whether § 924(c) criminalizes two seperate roffenses to determine if the Petitioner was convicted of an offense § 924(c) does not criminalize? |
| 22-5185 | Thomas Creighton Shrader v. United States | Fourth Circuit | 2022-07-26 | Denied | Response WaivedIFP | 18-usc-3583 18-usc-3742 double-jeopardy federal-bureau-of-prisons fifth-amendment sentencing-guidelines statutory-interpretation supervised-release | #1 When the Federal Bureau of Prisons is misapplying 18 U.S.C. 3583(a) [Supervised Release] not only to Petitioner, but to thousands (1000's) of Feder… |
| 22-5127 | Edward Brown v. United States | First Circuit | 2022-07-19 | Denied | Response WaivedIFP | co-conspirators double-jeopardy fifth-amendment political-beliefs political-views procedural-reasonableness resentencing sentencing sentencing-disparities sentencing-guidelines | 1. Since the petitioner has been continuously in custody since October 4, 2007, he completely served the sentences of imprisonment imposed by the dist… |
| 22-5139 | Carol Johnene Morris v. United States | Fifth Circuit | 2022-07-19 | Denied | Response WaivedRelisted (2)IFP | 2nd-amendment armed-career-criminal-act civil-rights criminal-history criminal-procedure double-jeopardy drug-possession due-process felony-enhancement prior-convictions sentencing sentencing-guidelines | Question not identified. |
| 22-5106 | Kalvin Lamar Washington v. Michigan | Michigan | 2022-07-14 | Denied | IFP | acquittal court-forms criminal-procedure double-jeopardy due-process habeas-corpus indigent-petitioner jury-trial state-prosecution statutory-provisions | Question not identified. |
| 22-5083 | William Wellington Hooper, Jr. v. United States | Fourth Circuit | 2022-07-13 | Denied | Response WaivedIFP | criminal-procedure double-jeopardy due-process eighth-amendment fair-trial fourth-amendment search-and-seizure sentencing | 1. Were Mr. Hooper's cell phones seized in violation of his Fourth Amendment right against unreasonable search and seizure? 2. Did the District Court… |
| 22-5100 | Joshua Eric Townley v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2022-07-13 | Denied | IFP | burks-v-united-states constitutional-claim criminal-procedure double-jeopardy federal-prosecution insufficient-evidence reinstatement-of-convictions state-prosecution supreme-court-precedent trial-court-reversal | 1. Is there a constitutional claim of double jeopardy, reinstatement of convictions after acquittal, when a Federal or State trial court rescinds its … |
| 21-8286 | Thomas Richie McBride v. Texas | Texas | 2022-06-29 | Denied | IFP | constitutional-rights double-jeopardy due-process judicial-proceedings jury-trial repeat-offender sentencing sixth-amendment | [ Illegal/Void 1984 Sentence And Judgment ] The questions presented here for the Court ,respectfully ,are possi bly of first impression upon judicial… |
| 21-8212 | Anthony N. Ott v. New York | New York | 2022-06-23 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-appeal criminal-procedure door-opening double-jeopardy due-process evidence ineffective-assistance ineffective-assistance-of-counsel new-york-law vindictive-sentencing vindictiveness | I. Whether the New York Courts erred when they failed to adhere to Hemphill v. New York and its progeny regarding the proper standard for door-opening… |
| 21-8198 | Ruben Cabrera Saucedo v. United States | Fifth Circuit | 2022-06-22 | Denied | Response WaivedIFP | criminal-procedure davis-precedent district-court-discretion double-jeopardy motion-to-vacate sentence-modification sentencing unconstitutional unconstitutional-conviction united-states-v-davis | Whether, after a motion to vacate sentence is granted on a conviction that is unconstitutional under United States v. Davis, 139 S. Ct. 2319 (2019), a… |
| 21-8190 | Thomas Luczak v. United States | Seventh Circuit | 2022-06-21 | Denied | Response RequestedResponse WaivedRelisted (13)IFP | acquitted-conduct criminal-procedure double-jeopardy due-process sentencing united-states-v-watts | Whether this Court should overturn its decision in United States v. Watts, 519 U.S. 148 (S.Ct. 1997), which holds that sentencing judges can consider … |
| 21-1576 | Timothy J. Smith v. United States | Eleventh Circuit | 2022-06-21 | Judgment Issued | Amici (5)Relisted (2) | acquittal circuit-split constitutional-right criminal-procedure double-jeopardy due-process reprosecution retrial trial-remedy venue | Whether the proper remedy for the government's failure to prove venue is an acquittal barring reprosecution of the offense, as the Fifth and Eighth Ci… |
| 21-8176 | Marice Nalls v. Louisiana | Louisiana | 2022-06-17 | Denied | IFP | aggravated-rape armed-robbery constitutional-rights criminal-procedure double-jeopardy due-process fair-trial prescribed-charge prescription simultaneous-trial | (1) Whether Petitioner's Constitutional right to a fair trial on his charge of aggravated rape was violated when he was tried simultaneously for armed… |
| 21-8143 | Marcus Branch v. Ohio | Ohio | 2022-06-15 | Denied | IFP | constitutional-rights criminal-offense criminal-procedure double-jeopardy due-process parole parole-board sentencing separation-of-powers | WAS THE "DOUBLE JEOPARDY ' CLAUSE VIOLATED WHEN I WAS SENTENCED THREE TIMES FOR THE EXACT SAME OFFENSE I'M HERE FOR NOW PURSUANT TO USCS CONSTITUTION,… |
| 21-1557 | Dayonta McClinton v. United States | Seventh Circuit | 2022-06-14 | Denied | Amici (6)Response RequestedResponse WaivedRelisted (14) | criminal-procedure criminal-sentencing double-jeopardy fifth-amendment judicial-discretion jury-acquittal sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 21-8081 | Moses Clark v. California | California | 2022-06-07 | Denied | Relisted (2)IFP | civil-rights constitutional-violation criminal-procedure double-jeopardy due-process fourteenth-amendment fourth-amendment habeas-corpus plea-agreement preliminary-hearing prosecutorial-misconduct | 1. Review should be granted, beause the state court failed to bring the defendant before the magistrate within 48-hours after arrest, violating The Fo… |
| 21-7996 | George Edward Purdy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2022-05-27 | Denied | IFP | 5th-amendment blockburger-rule criminal-procedure double-jeopardy fifth-amendment jurisdiction plea-bargaining prosecutorial-discretion venue | Where identical chargee are filed for the same alleged victim in multiple counties, is it a violation of the 5th Amendment double jeopardy rule base… |
| 21-7998 | Lamar Daniel Ron Wilson v. Dexter Payne, Director, Arkansas Division of Correction | Eighth Circuit | 2022-05-27 | Denied | Response WaivedRelisted (2)IFP | charging-instrument constitutional-violation criminal-procedure double-jeopardy due-process felony-information indictment ineffective-counsel plea-agreement | 1. Is a plea agreement, the statement of the accused, "I did it.", the sole piece of information necessary to convict? Specifically, is felony informa… |
| 21-7975 | Amir Karim Beigali v. United States | Sixth Circuit | 2022-05-26 | Denied | Response WaivedIFP | 924-c consecutive-sentences constitutional-interpretation criminal-sentencing double-jeopardy due-process fifth-amendment mandatory-minimum section-924c sixth-amendment supervised-release | DOES THE FIFTH AND SIXTH AMENDMENT UNDER THE U.S. CONSTITUTION PROHIBIT SECOND OR SUBSEQUENTLY SECTION 924 (c) (1) (C)(i) AND ITS CONSECUTIVE MANDATOR… |
| 21-7978 | Patrick Clay Kunkel v. California | California | 2022-05-26 | Denied | IFP | brady-violation confrontation-clause double-jeopardy due-process newly-discovered-evidence prosecutorial-misconduct sixth-amendment | 1. Where petitioner received a conviction for premeditated attempted murder and attempted manslaughter of two individuals, were such that petitioner w… |
| 21-7959 | Salito Marques Good v. United States | Fourth Circuit | 2022-05-24 | Denied | Response WaivedIFP | appeal criminal-procedure criminal-sentencing double-jeopardy due-process fourth-circuit johnson-precedent sentencing-maximum statutory-interpretation statutory-maximum supervised-release | (1) Whether a defendant can be required to serve more than the statutory maximum sentence for his offense of conviction when a sentence for violating … |
| 21-7940 | Jason P. Thomas v. Morris Houser, Superintendent, State Correctional Institution at Benner Township, et al. | Third Circuit | 2022-05-23 | Denied | IFP | criminal-procedure double-jeopardy evidentiary-hearing fabricated-evidence ineffective-assistance jury-instruction jury-instructions prosecutorial-misconduct sentencing | I. Whether the District Court, without holding an evidentiary hearing erred in disposing of Petitioner 's trial icounsel 's ineffectiveness surroundin… |
| 21-7932 | Sameer Muhammad v. Florida | Florida | 2022-05-19 | Denied | IFP | appellate-procedure constitutional-rights criminal-procedure double-jeopardy due-process florida-constitution judicial-jurisdiction jurisdiction mandate trial-court-authority | WHETHER THE TRIAL COURT WAS WITHOUT JURISDICTION TO ENTER AN ORDER REINSTATING THE PREVIOUS ORDER VACATING OFFENSE UNDER DOUBLE JEOPARDY PRINCIPLE … |
| 21-7898 | Emilio Evalio Arenas v. Nevada | Nevada | 2022-05-17 | Denied | IFP | civil-rights constitutional-rights criminal-procedure double-jeopardy due-process free-speech mistrial prejudice prosecutorial-misconduct standing | (1) After the Supreme Court of Nevada reversed the did the Court Order remanding the petitioner new Amendments Fire, Six, and Fourteen? (2) Did the S… |
| 21-7830 | Daniel Paul Starr v. United States District Court for the Northern District of Oklahoma | Tenth Circuit | 2022-05-10 | Denied | Relisted (2)IFP | civil-rights criminal-procedure double-jeopardy due-process judicial-communication judicial-misconduct jury-instructions jury-note jury-unanimity trial-conduct | 1. ON A STATE DISTRICT COURT LEVEL, IS IT LAWFUL FOR JURY TO RENDER A VERDICT OF GUILTY ON A LESSER-CHARGE (MISDE MEANER), AND THE AFTERWORDS THE JUDG… |
| 21-7773 | Eric Middlebrook v. United States | Seventh Circuit | 2022-05-05 | Denied | Response WaivedIFP | consecutive-sentences constitutional-challenge constitutional-law double-jeopardy drug-crimes drug-offense guideline-range mandatory-consecutive-term mandatory-minimum sentencing-enhancement sentencing-guidelines | 1. Does punishing an individual with both a statutory penalty that requires a mandatory consecutive prison term and a Guideline Range enhancement for… |
| 21-7705 | Nolan Woods v. Florida Department of Corrections | Eleventh Circuit | 2022-04-26 | Denied | Response WaivedIFP | acquittal appellate-review constitutional-law criminal-procedure double-jeopardy due-process judgment-of-acquittal judicial-remedy re-prosecution | WILL THIS COURT CREATE A BRIGHT-LINE RULE DELINEATING THAT THE ONLY CURE FOR A DOUBLE JEOPARDY VIOLATION CAUSED BY DUAL CONVICTIONS OF THE SAME CRIME … |
| 21-7686 | Robert Maillet v. United States | Fourth Circuit | 2022-04-22 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment double-jeopardy due-process sex-offender-registry supervised-release | UNDER ISSUE 1: Is §3583 ('Supervised Release) as it stands after 3583(k) was found to be unconstitutional, invalid, illegal, and so, void in whole? D… |
| 21-7555 | Brian Kerry O'Keefe v. Nevada | Nevada | 2022-04-05 | Denied | IFP | double-jeopardy due-process effective-assistance-of-counsel liberty-interest pretrial-detainee pretrial-detention reversed-conviction state-statute unlawful-restraint | Whether the liberty interest created by state statute extends to prisoners whose convictions are reversed and remanded back to class of pretial detain… |
| 21-1317 | Rafi Wali McCall v. United States | Fifth Circuit | 2022-04-04 | Denied | Response WaivedRelisted (2) | acquittal constitutional-prohibition criminal-procedure double-jeopardy due-process judicial-finding jury-trial supervised-release | Does the United States Constitution prohibit a judge from revoking supervised release pursuant to 18 U.S.C. § 3583 based on a judicial finding that th… |
| 21-7489 | Raul Roy Vasquez v. Florida | Florida | 2022-03-30 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure district-court-appeal double-jeopardy due-process jurisdiction jurisdictional-conflict privileges-immunities procedural-law state-court-conflict two-year-limitation | 1. Is the Refusal of the Supreme Court of the State of Florida, Decunskeo to Address the Certified Conflict Between Petitioner's Second District Court… |
| 21-7470 | Reggie Orlando Williams v. Texas | Texas | 2022-03-25 | Denied | IFP | constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment judicial-charging legal-procedure margin-of-error state-court state-prosecution | \/OV\en '■WML o€ "Y&*aS -£<x\\eA 'V^ eAeoV vJVucIa cJaargin^ -Vrtvvsaoticn °f -VVml oCCW# -V4 ,v€_ V> W»\)£- Cen\i\<ot«A uaQ$J\ O^s AV\e. scvw-e- re_s… |
| 21-7376 | Khalil Stafford v. United States | Third Circuit | 2022-03-15 | Denied | Response WaivedIFP | double-jeopardy fifth-amendment jury-dismissal murder new-jersey rico rico-offense sixth-amendment state-law-prosecution vicar | 1. Does the Double Jeopardy Clause of the Fifth Amendment preclude a Federal petit jury from considering petitioners guilt for murder, in violation of… |
| 21-7314 | William Jones v. Texas | Texas | 2022-03-08 | Denied | IFP | actual-innocence criminal-sentencing cumulation-order district-court double-jeopardy evolving-standards judgment juvenile-culpability neuroscience-mitigation newly-discovered-evidence subsequent-prosecution | 1) Is Petitioner actually innocent in a subsequent prosecution when in the previous prosecution another District Court in another county convicted, pr… |
| 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 … |
| 21-7273 | Terron Gerhard Dizzley v. United States District Court for the District of South Carolina | Fourth Circuit | 2022-03-03 | Denied | IFP | appellate-review double-jeopardy false-imprisonment federal-question lack-of-jurisdiction supreme-court-decisions trial-court-jurisdiction writ-of-mandamus | Did The United Court of Appeals for The Fourth Circuit Decide an Important Federal Question in A Way That Conflicts with The Relevant Decisions of Thi… |
| 21-7223 | Angel DeLara v. California | California | 2022-02-28 | Denied | IFP | criminal-procedure double-jeopardy due-process fourteenth-amendment judicial-discretion jury-determination jury-trial penal-code sentencing sentencing-enhancement sixth-amendment | Whether California's Determinate Sentencing Law, by permitting sentencing Judges to impose enhanced sentences based on their determination of facts no… |
| 21-7210 | James Thomas Webb v. United States | Eleventh Circuit | 2022-02-25 | Denied | Response WaivedIFP | double-jeopardy due-process fair-play federal-jurisdiction jurisdiction personal-jurisdiction settlement-agreement sovereign-immunity takings | Did the relitigation of the CLOSED Florida Federal District Court case United States Securities and Exchange Commission v. James Thomas Webb (Case 07-… |
| 21-7213 | Kwasi McKinney v. Arkansas | Arkansas | 2022-02-25 | Denied | Response WaivedIFP | appellate-jurisdiction compulsory-process confrontation-clause constitutional-rights criminal-procedure double-jeopardy due-process equal-protection postconviction-relief speedy-trial | 1. WHEN DOES THE DIRECT APPEAL OF A JURY TRIAL CONVICTION OF SIX (6) DIFFERENT CRIMINAL OFFENSES AND SENTENCE BECOME FINAL? 2. IF A STATE TRIAL COURT… |
| 21-7178 | Amadeo Valls v. Florida | Florida | 2022-02-23 | Denied | IFP | constitutional-intolerance double-jeopardy due-process federalized-claims habeas-corpus ineffective-assistance ineffective-assistance-of-counsel reasonable-probability state-appellate-courts state-courts summary-orders systemic-inattentiveness | I. WHETHER SUMMARY ORDERS REJECTING FEDERALIZED CLAIMS HAVE BECOME CONSTITUTIONALLY INTOLERABLE POST-AEDPA BECAUSE STATE CONVICTIONS ARE NOW UPHELD … |
| 21-7059 | Timothy George Muller v. Michigan | Michigan | 2022-02-04 | Denied | IFP | criminal-procedure double-jeopardy due-process evidence ineffective-assistance-of-counsel jurisdiction plea-bargaining substance venue | MR. MULLED- EaJT/TIE D To uoiTA/TIRA lS DlEA AMD Tai/E /J& CoaJTclVoa} fa/Z DEA iuEAY oE 6orimoU.tX> SuBSfAAJCE tAOZiti^DEATbJ VACATED, l$EC/kJSE '… |
| 21-7047 | In Re Daren Kareem Gadsden | 2022-02-03 | Denied | IFP | constitutional-violation criminal-indictment criminal-procedure double-jeopardy due-process federal-indictment federal-jurisdiction fifth-amendment sentencing sentencing-authority | Whether or not the U.S. District Court for the District of Maryland exceeded its authority and/or jurisdiction by punishing petitioner to a (23) twent… | |
| 21-6968 | Jay Anthony Jones v. Maryland | Maryland | 2022-01-26 | Denied | Response WaivedIFP | appellate-review constitutional-protection criminal-procedure criminal-remand double-jeopardy due-process judicial-discretion north-carolina-v-pearce sentencing sentencing-enhancement twigg-v-state | 1. Is the State of Maryland's case Twigg v. State, 447 Md. 1 (2016), afoul of the long standing principal set forth in North Carolina v. Pearce, 395 U… |
| 21-6948 | Robert Earl Ramseur v. United States | Fifth Circuit | 2022-01-25 | Denied | Response WaivedIFP | 8th-amendment criminal-procedure double-jeopardy due-process grand-jury indictment prosecutorial-vindictiveness self-surrender sentencing superseding-indictment | 1. Is it prosecutorial vindictiveness to have a superseding indictment after completion of the trial proceedings and sentencing without resubmission t… |
| 21-6954 | Robert Jurado v. Ronald Davis, Warden | Ninth Circuit | 2022-01-25 | Denied | IFP | 14th-amendment 8th-amendment capital-punishment confession-evidence constitutional-amendments double-jeopardy mitigating-evidence ninth-circuit-review penalty-phase plea-bargaining skipper-standard | 1. Did the Ninth Circuit err in concluding that the California Supreme Court did not unreasonably apply federal law or unreasonably determine facts in… |
| 21-6895 | Marshaun Boykin v. Illinois | Illinois | 2022-01-18 | Denied | IFP | 6th-amendment constitutional-interpretation discovery-violation double-jeopardy due-process effective-assistance-of-counsel individual-rights judicial-review legal-standing lineup-identification statutory-construction | Whether a sworn and verified criminal complaint can be commenced under Illinois law (Ill. Rev. Stat. ch. 38, Para. 109-3(C)) without violating the Fou… |
| 21-6851 | Joel Quiles v. Massachusetts | Massachusetts | 2022-01-14 | Denied | Response WaivedIFP | acquittal constitutional-rights criminal-conviction double-jeopardy due-process felony-murder fifth-amendment first-degree-murder trial-procedure | Where the trial judge (1) stated that the defendant is "not guilty of felony murder;" (2) told the jury that their answers to special questions on the… |
| 21-6875 | Dontaie Anderson v. Kyle Russell, Warden, et al. | Third Circuit | 2022-01-14 | Denied | Response WaivedIFP | certiorari civil-rights criminal-procedure double-jeopardy due-process equal-protection evidence judicial-procedure sentencing supreme-court | SECURIYOF PERSON, FROM, SEVER IINESS, MENTANY. PHYSICAHY, DEATH. DUE PROCESS.AND.PUNISHMENT. PERTICIPATING IN MIS OWN DEFFENCSE, DID VIOIATE THE SIXTH… |
| 21-6834 | In Re Hosea Jackson | 2022-01-13 | Denied | IFP | acquittal aiding-and-abetting criminal-liability double-jeopardy fifth-amendment hobbs-act insufficient-evidence jeopardy judicial-precedent | 1. Whether judicial precedent concerning double jeopardy defines an acquittal to encompass any ruling that the prosecutions proof is insufficient to e… | |
| 21-6833 | Jason Lee Sarabia v. United States | Fifth Circuit | 2022-01-12 | Denied | Response WaivedIFP | circuit-split criminal-procedure double-jeopardy evidence-standard fifth-circuit jury-conviction jury-instructions lesser-included-offenses multiplicity | Do convictions of greater and lesser-included offenses violate the Double Jeopardy Clause when the prosecution uses the same evidence to obtain both c… |
| 21-987 | Owolabi Salis v. Alejandro N. Mayorkas, Secretary of Homeland Security | Second Circuit | 2022-01-11 | Denied | Response Waived | civil-rights constitutional-rights double-jeopardy due-process first-amendment fourth-amendment jurisdiction subject-matter-jurisdiction witness | 1. Whether facts brought by a witness before a jury and tried by that jury can be reexamined by the same witness before another body who was also a … |
| 21-6691 | Aaron Hicks v. United States | Second Circuit | 2021-12-22 | Denied | Response WaivedIFP | acquitted-conduct conflict-of-interest counsel-representation criminal-procedure double-jeopardy issue-preclusion joint-trials right-to-counsel severance | 1. When a co-defendant is represented by counsel who previously represented the defendant, thereby creating an actual conflict of interest, may a cour… |
| 21-911 | Dan V. Sharp v. United States | Fifth Circuit | 2021-12-21 | Denied | Response Waived | confrontation-clause constructive-possession criminal-procedure double-jeopardy due-process firearms-offense ineffective-assistance joinder motion-to-suppress severance | Whether the Court erred in failing to sever the counts by date. Whether the Court erred in requiring the Appellant to appear in shackles in front of … |
| 21-892 | Micah James Patterson v. Virginia | Virginia | 2021-12-16 | Denied | Response Waived | appellate-jurisdiction constitution constitutional-amendment criminal-procedure double-jeopardy due-process fifth-amendment grand-jury judicial-authority | Does any court have the authority to amend the United States Constitution by fiat and extinguish a defendant's Fifth Amendment rights? |
| 21-870 | Michigan v. Treshaun Lee Terrance | Michigan | 2021-12-13 | Denied | Response RequestedResponse WaivedRelisted (2) | ashe-v-swenson constitutional-law criminal-procedure double-jeopardy issue-preclusion jury-acquittal michigan-courts perpetrator-identity yeager-v-us | 1. Since issue preclusion is a civil doctrine and not originally part of the double jeopardy clause, should it apply in criminal cases? Should Ashe v … |
| 21-6489 | Edward F. Swanson v. Texas | Texas | 2021-12-02 | Denied | IFP | constitutional-challenge criminal-procedure double-jeopardy due-process indictment judicial-discretion jury-trial preponderance-standard sentencing statutory-scheme | Question not identified. |
| 21-793 | Pennsylvania v. William Henry Cosby, Jr. | Pennsylvania | 2021-11-30 | Denied | 14th-amendment criminal-charges criminal-procedure double-jeopardy due-process fourteenth-amendment immunity immunity-promise press-release prosecutorial-discretion | When a prosecutor publicly announces that he will not file criminal charges based on lack of evidence, does the Due Process Clause of the Fourteenth A… | |
| 21-6349 | Victor Hurns v. Mississippi | Mississippi | 2021-11-19 | Denied | Response WaivedIFP | civil-rights constitutional-law criminal-procedure double-jeopardy due-process fifth-amendment judicial-acquittal judicial-review legal-procedure newly-discovered-evidence statutory-interpretation | WHETHER THE PETITIONER'S APPLICATION FOR LEAVE TO PROCEED IN THE MISSISSIPPI TRIAL COURT BY THE MISSISSIPPI SUPREME COURT WAS CLEARLY ERRONEOUS AND CO… |
| 21-740 | Richard E. Paulus, M.D. v. United States | Sixth Circuit | 2021-11-18 | Denied | appellate-jurisdiction criminal-procedure double-jeopardy due-process ethical-violations fraud-upon-court fraud-upon-the-court government-misconduct | 1. Did the Sixth Circuit err by ruling that it lacked jurisdiction to consider Petitioner's allegations of fraud upon the court and ethical and due pr… | |
| 21-6263 | Gary Aaron Coble v. David Anderson, Warden | Fourth Circuit | 2021-11-15 | Denied | Response WaivedIFP | 5th-amendment civil-rights constitutional-interpretation double-jeopardy due-process equal-protection individual-rights judicial-review self-incrimination supreme-court-jurisdiction takings | Question not identified. |
| 21-6268 | Cesar Martinez v. United States | First Circuit | 2021-11-15 | Denied | Response WaivedRelisted (2)IFP | criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment jury-acquittal sentencing-enhancement sixth-amendment trial-by-jury | Whether basing a criminal defendant's sentence on conduct underlying a charge for which the jury acquitted him violates his rights to due process and … |
| 21-6244 | Kirk Wayne McBride, Sr. v. Texas | Fifth Circuit | 2021-11-10 | Denied | IFP | certificate-of-appealability constitutional-rights double-jeopardy due-process federal-habeas federal-jurisdiction habeas-corpus state-court-conviction state-court-proceedings | IS A STATE FEDERAL HABEAS PETITIONER PURSUANT TO A PROCEEDING UNDER TITLE 28 U.S.C SECTION 2241 REQUIRED TO OBTAIN A CERTIFICATE OF APPEALABILITY TO A… |
| 21-6142 | John Gregory Alexander Herrin v. United States | Ninth Circuit | 2021-11-03 | Denied | Response WaivedIFP | bank-theft criminal-procedure double-jeopardy due-process federal-indictment indictment interstate-transportation jurisdiction money-laundering statute-of-limitations | WHETHER THE GOVERNMENT WAS ENTITLED TO ESTABLISH PETITIONER'S GUILT AT TRIAL FOR FEDERAL OFFENSES IT DID INDICT (INTERSTATE TRANSPORTATION OF STOLEN M… |
| 21-6146 | Keenan Rollerson v. United States | Seventh Circuit | 2021-11-02 | Denied | Response WaivedIFP | criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment jury-trial sentencing sixth-amendment | Whether a sentencing judge increasing a criminal defendant's punishment for acts charged but acquitted by the jury violates the jury trial guarantee o… |
| 21-6110 | Richard L. Starghill, II v. United States | Sixth Circuit | 2021-10-28 | Denied | Response WaivedIFP | 5th-amendment constitutional-rights criminal-procedure double-jeopardy due-process jury-misconduct prosecutorial-misconduct retrial trial-integrity | Do multiple mistrials, necessitated by jury misconduct, create a Double Jeopardy bar, preventing a retrial of a criminal defendant? |
| 21-6102 | Anthony B. Williams v. United States | Eighth Circuit | 2021-10-27 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure cruel-and-unusual-punishment district-court double-jeopardy due-process grand-jury-indictment jury-instructions sentencing | Does the absence of a specific unanimity instruction at trial require both distribution of Pcp and accompanying 924.lis count be vacated Does a convi… |
| 21-6012 | Michael Rimmer v. Tennessee | Tennessee | 2021-10-20 | Denied | IFP | capital-trial confrontation-clause criminal-procedure double-jeopardy due-process fundamental-fairness prosecutorial-misconduct trial-fairness witness-unavailability | 1. Whether the courts below erred by upholding the trial court's determination that the only witness to petitioner's purported jailhouse confession wa… |
| 21-6033 | Larry Gene Francis v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-10-20 | Rehearing | Response WaivedRelisted (2)IFP | 4th-amendment constitutional-rights criminal-procedure double-jeopardy due-process exculpatory-evidence fair-trial material-facts parole-violation state-misconduct testimony | 1) An administrative parole violation hearing? 2) Is it violation of Due Process of Law, when the "preponderance of testimony as to all material fact… |
| 21-5891 | Archie Ned Williams v. United States | Ninth Circuit | 2021-10-05 | Denied | Response WaivedIFP | accomplice-liability crime-of-violence criminal-law double-jeopardy due-process hobbs-act-robbery physical-force pinkerton-liability section-924c statutory-interpretation | 1. Must the "use of physical force" required to establish a predicate crime of violence under 18 U.S.C. § 924(c)(3)(A) be personal to the defendant co… |
| 21-5894 | Jeffrey Richard Martinson v. Arizona | Arizona | 2021-10-05 | Denied | Response WaivedIFP | acquittal constitutional-law criminal-procedure double-jeopardy double-jeopardy-doctrine fifth-amendment new-trial prosecutorial-misconduct trial-court-dismissal | Whether the Double Jeopardy Clause of the Fifth Amendment bars retrial where the trial court dismissed the case with prejudice for bad faith prosecuto… |
| 21-5896 | Ilana Rigwan v. South Beach Bayside Condominium Association I, Inc. | Florida | 2021-10-05 | Denied | IFP | case-amendment civil-procedure civil-rights constitutional-rights double-jeopardy due-process judicial-misconduct legal-protection safety-net | Can you Amend The Double Jeopardy Clause? Civil Cases May Require Protection from Criminal Judicial Servants. My Life Was Altered SO They Could Live. … |
| 21-5846 | Luke W. Cain v. California | California | 2021-10-01 | Denied | IFP | constitutional-permissibility criminal-punishment double-jeopardy due-process judicial-discretion legislative-intent multiple-offenses multiple-punishments penal-code sentencing | GENERALLY, A FEDERAL COURT MAY NOT REVIEW A STATE COURT SENTENCE THAT IS WITHIN THE STATUTORY LIMITS. IT MAY VACATE A SENTENCE, HOWEVER IF IT WAS IMPO… |
| 21-5808 | In Re Tommy Rutledge | 2021-09-29 | Denied | Response WaivedIFP | criminal-procedure double-jeopardy habeas-corpus judicial-discretion judicial-mandate mandate procedural-review res-judicata sentencing supreme-court-order vacatur | When a District Court Judge has executed a mandate of the United States Supreme Court by vacating a charge and its sentence, can that same Judge reins… | |
| 21-5810 | Mandell Rhodes, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-09-29 | Denied | IFP | administrative-law constitutional-law criminal-justice double-jeopardy fifth-amendment good-conduct-time legislative-intent parole prisoner-rights sentencing | 1). Was petitioner written a Califia hcale Appralablly Lo Meni Mthethsr Lhe EE ee don REFUSED fo Conatrue 02 anabyge Led of une 11, 1185, Li" Lag, RS,… |
| 21-5765 | Tyrus D. Coleman v. Ron Neal, Warden | Seventh Circuit | 2021-09-23 | Denied | Response WaivedIFP | attempted-murder constitutional-review double-jeopardy habeas-corpus judicial-procedure murder retrial self-defense state-court-review | 1. Whether, even after Wilson v. Sellers, 584 U.S. ___, 138 S. Ct. 1188 (2018), when the last state court to decide a prisoner's federal claim explain… |
| 21-5625 | Phillip Shawn Horton v. United States | Fifth Circuit | 2021-09-09 | Denied | Response WaivedIFP | case-law criminal-procedure double-jeopardy due-process judicial-interpretation legal-conflict procedural-review remand remand-order sentencing stare-decisis supreme-court-precedent | I. Should this Court should grant review to determine whether the opinion of the court below conflicts with this Court's decisions in Witte v. United … |
| 21-356 | Jermain V. Richards v. Connecticut | Connecticut | 2021-09-07 | Denied | Response Waived | criminal-procedure double-jeopardy due-process fifth-amendment fourteenth-amendment hung-jury mistrial perez-v-united-states richardson-v-united-states | After Ramos v. Louisiana required unanimous juries to convict criminal defendants, only Oregon preserved nonunanimous jury verdicts in criminal cases,… |
| 21-5526 | Duane Kelly v. Steven Johnson, Administrator, New Jersey State Prison | Third Circuit | 2021-09-01 | Denied | Response WaivedIFP | criminal-procedure district-court-review double-jeopardy due-process evidentiary-hearing inconsistent-verdict inconsistent-verdicts post-conviction-relief reasonable-jurist state-court-decision | 1.) WAS THE DISTRICT COURTS FINDINGS THAT THE STATE COURT REASONABLY APPLIED THE INCONSISTENT VERDICT LAW IN THIS CASE CORRECT? 2.) WOULD A REASONABL… |
| 21-5494 | In Re Eric W. Poirier | 2021-08-26 | Denied | IFP | attempted-homicide court-of-appeals criminal-law double-jeopardy due-process indigent-counsel predicate-offenses sentencing | Should this Court decide what crimes are predicate Attempted First Degree Intentional Homicide because the Law is not settled yet, nor has this Court … | |
| 21-273 | Buck Gene Brune v. United States | Fifth Circuit | 2021-08-25 | Denied | circuit-split criminal-procedure double-jeopardy fifth-amendment finality-of-judgment plea-bargaining plea-of-guilty prosecutorial-overreach sentencing | Under the Fifth Amendment's Double Jeopardy Clause, upon a defendant's plea of guilty, does jeopardy attach: a. when the district court accepts the d… | |
| 21-5459 | Bernabe Encarnacion v. Anthony J. Annucci, Acting Commissioner, New York Department of Corrections and Community Supervision, et al. | Second Circuit | 2021-08-24 | Denied | Response WaivedIFP | appellate-jurisdiction civil-procedure civil-rights conflict-of-interest double-jeopardy due-process final-decision jurisdiction pro-bono-counsel standing summary-judgment | Question not identified. |
| 21-5441 | Brandon Mark Bjerknes v. United States | Eighth Circuit | 2021-08-23 | Denied | Response WaivedIFP | 5th-amendment article-1-section-3 constitutional-construction double-jeopardy executive-branch federal-government federal-lawmaking judicial-minimalism senate-representation state-representation | (1) Under Article I, section 3, Clause 1 of the United States Constitution, does the Senate, through its constitutional construction, link the State G… |
| 21-5393 | Hemy Neuman v. Georgia | Georgia | 2021-08-17 | Denied | Response WaivedIFP | collateral-estoppel criminal-procedure double-jeopardy mental-health procedural-due-process procedural-law reversal-of-conviction substantive-law trial-reversal | Where a defendant is found guilty at a second trial after reversal of the first trial's verdict of guilty but mentally ill: 1) Is a double jeopardy cl… |
| 21-222 | Ferrell Walker v. United States | Eleventh Circuit | 2021-08-16 | Denied | Response Waived | 18-usc-3583(k) constitutional-provision double-jeopardy fifth-amendment plain-error sentencing | 1. Whether, on plain error review, the defendant's right not to be twice put in jeopardy for the same offense under the Double Jeopardy Clause of the … |
| 21-5349 | Chris Allen Miller v. Jason R. Ravnsborg, Attorney General of South Dakota, et al. | Eighth Circuit | 2021-08-13 | Denied | IFP | civil-rights criminal-procedure double-jeopardy due-process jury-trial prosecutorial-misconduct | Question not identified. |
| 21-5366 | Abram K. Sollman v. Nebraska | Nebraska | 2021-08-13 | Denied | Response WaivedIFP | confrontation-clause constitutional-rights criminal-procedure double-jeopardy due-process eighth-amendment fifth-amendment fourteenth-amendment hearsay-evidence witness-testimony | I. WHETHER OR NOT THE NEBRASKA COURTS RELIANCE ON A WITNESS STATEMENTS (Sean Nowling) INDUCED THE STATE'S (Respondent) CASE-IN-CHIEF VIA ERRONEOUS OR … |
| 21-176 | David J. Tatara v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2021-08-06 | Denied | Response Waived | criminal-procedure double-jeopardy due-process felony-murder habeas-corpus judgment-of-acquittal mens-rea superseding-information | 1. Does a conviction of a crime submitted to the jury through a superseding information filed after jeopardy attached and after the court granted judg… |
| 21-5308 | Calvin B. Lynch v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. | Third Circuit | 2021-08-05 | Denied | IFP | civil-rights constitutional-rights criminal-procedure double-jeopardy due-process federal-law statutory-interpretation witness-intimidation witness-testimony | 1. Is PETITIDNER ENTITLED TO THE BENEFIT OF THE PENNSYLVANIA SUPREM COURTS CLARIFYING INTERPRETATION OF THE WITNESS INTIMIDATION STATUTE, PA.C.S.A.S49… |
| 21-5286 | Gerald M. Calmese v. Arizona | Arizona | 2021-08-04 | Denied | IFP | conviction criminal-indictment double-jeopardy due-process essential-elements fraudulent-schemes indictment legal-sufficiency multiplicity sentencing-error | Is there legally sufficient evidence to establish beyond a reasonable doubt the required element for fraudulent schemes for which the petitioner was c… |
| 21-5185 | Lexton Pellew v. United States | District of Columbia | 2021-07-22 | Denied | Response WaivedIFP | appeal conviction-count criminal-procedure double-jeopardy due-process jury-instruction jury-instructions legal-review sentence-calculation sentencing sentencing-error | The petitioner was not charged with aiding and abetting in counts 11-14 but the court allowed the jury verdict on those counts based upon an admittedl… |
| 21-5161 | Jamar J. Draper v. Jimmy Martin, Warden | Tenth Circuit | 2021-07-21 | Denied | IFP | constitutional-rights criminal-procedure double-jeopardy due-process exhaustion-of-remedies ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sentencing-mitigation sixth-amendment speedy-trial | Question not identified. |
| 21-5164 | Larry G. Coker v. Alabama | Alabama | 2021-07-21 | Denied | Response WaivedIFP | 8th-amendment amendment-violation constitutional-rights criminal-sentencing cruel-and-unusual-punishment double-jeopardy due-process illegal-indictment sentencing sex-offender-registration | (A) That Judge Hili re-sentenced Coker to 25 years on uct. 2008/ which was 5 tiroes the amount aiioweo dv iaw/ cruei and unusual punishment/ violated … |
| 21-5165 | Robert Allen Custard v. Scott Crow, Warden | Tenth Circuit | 2021-07-21 | Denied | IFP | citizen-rights civil-rights constitutional-rights cruel-and-unusual-punishment cruel-punishment double-jeopardy due-process imprisonment legal-detention multiple-punishments united-states-constitution | Because -as admitted by both lower Courts appealled from (wDOK and 1oth Cir.)i.e., Please see both Federal [and Oklahoma state] Qrders @ APPENDIX A-D,… |
| 21-5126 | Kevin Tyrell Beach v. Florida | Florida | 2021-07-16 | Denied | Response WaivedIFP | abuse-of-discretion constitutional-rights double-jeopardy due-process irreparable-harm mistrial pro-se pro-se-defendant right-to-counsel sanctions | Does it constitute "bad faith conduct " of "abuse of discretion ' when a judge denies a defendant 's numerous pre-trial requests for "stand-by " couns… |
| 21-5127 | Noel Aldana v. Mark S. Inch, Secretary, Florida Department of Corrections | Eleventh Circuit | 2021-07-16 | Denied | Response WaivedIFP | cause-and-prejudice constitutional-review double-jeopardy due-process habeas-corpus ineffective-assistance pro-se procedural-bar strickland-standard strickland-v-washington untimeliness | Does a meritorious claim that a pro se Petitioner raises which clearly present and meet the cause and prejudice standard addressed in the Strickland … |
| 21-60 | Logan Brooks Drinkard v. Mark S. Inch, Secretary, Florida Department of Corrections | Eleventh Circuit | 2021-07-16 | Denied | Response Waived | constitutional-law criminal-conviction criminal-procedure double-jeopardy greater-offense jury-verdict lesser-included-offense | In a case where the prosecuti on charged both a greater offense and a lesser included offense in the same charging document, and where the jury found … |
| 21-5076 | Charlene Terry-Ann Walker Rosa v. Florida | Eleventh Circuit | 2021-07-12 | Denied | Response WaivedRelisted (2)IFP | civil-rights criminal-procedure double-jeopardy due-process ineffective-assistance-of-counsel judicial-process | 1. Whether the finding of strategic Decision on the part a depenre Couned, where the vecrd shat that such qurding only purpore is to prellent a menit … |
| 21-5065 | Blake Taylor v. United States | Fifth Circuit | 2021-07-09 | GVR | Relisted (2)IFP | bank-robbery crime-of-violence criminal-law criminal-statute divisible-offense double-jeopardy sentencing statutory-interpretation supreme-court-precedent | 1. In Prince v. United States, 352 U.S. 322 (1957), this Court construed the first and second paragraphs of 18 U.S.C. § 2113(a)—bank robbery and entry… |
| 21-5042 | John Shields v. United States | Sixth Circuit | 2021-07-08 | Denied | IFP | controlled-substance criminal-procedure double-jeopardy evidence guilty-plea money-laundering plain-error waiver waiver-doctrine | I. Whether the Sixth Circuit's blanket policy of relying on the waiver doctrine as justificatio n for refusing to review an insufficiency of the evide… |
| 20-8446 | Hewitt A. Grant, II v. Florida | Florida | 2021-06-30 | Denied | IFP | constitutional-rights criminal-procedure double-jeopardy due-process federal-procedure fifth-amendment judicial-review jurisdiction legal-interpretation procedural-rules retrial united-states-law | >-T7 'ot7l&nqpro^ fWmSHiAS A&jpfffiJ oFm!£i//d6/)£& re&m Id him ? F) (po&dfibn CO Vtdfilizs u, S Rffh Ariid/ttm^UTOc^s. ft All do vidCOi FR/ c/a C&ldf… |
| 20-8422 | Wayne Porter v. United States | Fourth Circuit | 2021-06-25 | Denied | Response WaivedIFP | appellate-review conspiracy-conviction criminal-enterprise criminal-procedure double-jeopardy due-process sentencing sentencing-guidelines statutory-interpretation supervisory-power | Whether the Fourt Circuit Court of Appeal's sanctioning of the district court's refusal to correct errors and omissions of facts from the Fourth Circu… |
| 20-1776 | Owen Marlon Alexander v. Breaking Ground, et al. | Second Circuit | 2021-06-23 | Denied | administrative-procedure agency-deference civil-procedure civil-rights double-jeopardy due-process guardianship immigration-law intervention public-charge rule-making standing Whether States with interests should be permitted | For some reason it seems like when I became a citizen of the United States my family, friends, management of the Hegeman, CUCS, and other members of s… | |
| 20-8272 | Roberto Luis Rene Martinez v. United States | Eleventh Circuit | 2021-06-10 | Denied | Response WaivedIFP | 14th-amendment constitutional-rights correction double-jeopardy due-process judgment-commitment judicial-correction life-liberty sentencing | 1. When a District Court vacates a sentence pursuant to the United States Supreme Court Decision in RUTLEDGE v. UNITED STATES, 116 S.Ct 1246 , 134 L.e… |
| 20-8278 | L. Powers v. Arthur J. Morburger | Florida | 2021-06-10 | Denied | Relisted (2)IFP | civil-rights double-jeopardy due-process fifth-amendment fourteenth-amendment fraud-on-court fraud-on-the-court property-rights | Can the Double Jeopardy Clause Apply To Innocent Persons THRUST in 'Criminal ' Courts Rendering False Judgments albeit in' Civil Court?! When There '… |
| 20-1693 | Erick Allen Osby v. United States | Fourth Circuit | 2021-06-07 | Denied | Amici (4)Response Waived | constitutional-rights criminal-procedure criminal-sentencing double-jeopardy fifth-amendment jury-acquittal sentencing sixth-amendment | Whether basing a criminal defendant's sentence on charges of which the jury acquitted him violates the Fifth or Sixth Amendments. |
| 20-8218 | George Verkler, aka Kenneth P. Goff, aka Neal T. Pearson, aka Neil T. Pearson v. United States | Ninth Circuit | 2021-06-03 | Denied | Response WaivedIFP | criminal-case double-jeopardy plea-bargain presumption-of-innocence right-to-counsel unconstitutional-decision | Does the presumption of innocence mean that if a judge will not read everything a defendant in a criminal case submits to the court that the judge mus… |
| 20-1652 | Meghan Belaski, et al. v. Securities and Exchange Commission | District of Columbia | 2021-05-26 | Denied | Response Waived | confidential-information double-jeopardy fifth-amendment intellectual-property related-action securities-exchange-commission securities-law takings-clause whistleblower whistleblower-award | Do the statutory rules of the Securities and Exchange Commission, in order to qualify for whistleblower award, violate the Double Jeopardy Clause in t… |
| 20-8121 | Andy Kejadi Onwuka v. California | California | 2021-05-25 | Denied | Response WaivedIFP | criminal-procedure double-jeopardy due-process probation self-incrimination sentencing | I. Whether the Trial Court Violated petitioner's 5th & Fourteenth Amendment Maximum Sentence Exposure while presenting and basing he him lenient Guilt… |
| 20-8078 | Calvin Lamont Mack v. Florida | Florida | 2021-05-20 | Denied | IFP | blockburger-test constitutional-interpretation double-jeopardy enhanced-compound-felony federal-question judicial-discretion legal-precedent legislative-intent same-element-offenses state-court-review supreme-court-discretion | WHETHER THE STATE AND FEDERAL CONSTITUTIONS, WAS,. 1. VIOLATED UNDER THE DOUBLE -JEOPARDY CLAUSES AS A RE SULT OF THE SENTENCE PURSOANT TO ARTICLE I S… |
| 20-1593 | Devon E. Sanders v. United States | Third Circuit | 2021-05-18 | Denied | Response Waived | child-pornography criminal-law disaggregation double-jeopardy federal-sentencing paroline-v-united-states restitution sentencing statutory-interpretation | 1. Petitioner pleaded guilty to two counts under federal statutes relating to possession of child pornography. One count charged knowing receipt of th… |
| 20-7981 | Stephen Nivens v. J. Phillip Morgan, Warden, et al. | Fourth Circuit | 2021-05-11 | Denied | Response WaivedIFP | charging-document constitutional-rights double-jeopardy duplicitous duplicitous-charging fifth-amendment jury jury-trial multiplicitous multiplicitous-charging | Whether the Petitioner has a right to be free from Double Jeopardy, after the jury was sworn in and with the jury ruling upon Count 5 and Count 6 purs… |
| 20-7986 | Kevin Dunbar v. Arizona | Arizona | 2021-05-11 | Denied | IFP | attempted-first-degree-murder consecutive-sentences constitutional-rights criminal-procedure double-jeopardy due-process evidence-weighing kidnapping self-representation supreme-court-precedent | Was the petitioner's aggravated sentences was in violation of due process and conflicts with the United states Supreme Court holdings in Apprendi V. N… |
| 20-7963 | Lugene L. Scott v. Neil Turner, Warden | Sixth Circuit | 2021-05-10 | Denied | IFP | criminal-conviction criminal-procedure double-jeopardy due-process felonious-assault fifth-amendment manslaughter sentencing time-served | Is the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution violated when a defendant is denied credit for time served when… |
| 20-7961 | Antonio Olmeda v. United States | Second Circuit | 2021-05-07 | Denied | Response WaivedIFP | consecutive-sentences consecutive-sentencing criminal-procedure double-jeopardy due-process firearm-possession jury-determination jury-trial multiplicitous-conviction sentencing-enhancement sentencing-guidelines statutory-interpretation | Whether a Judgment and Conviction oh two counts, § 2K2.1.(a)., for unlawful "receipt", of a firearm and "Possession" of that firearm is multiplicitou… |
| 20-7906 | Gerald J. Silva v. United States | First Circuit | 2021-05-03 | Denied | Response WaivedIFP | brady-v-maryland civil-rights double-jeopardy due-process qualified-immunity search-and-seizure | Question not identified. |
| 20-7873 | Kenneth McBride v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility | Seventh Circuit | 2021-04-28 | Denied | Response WaivedIFP | 6th-amendment civil-rights constitutional-rights contract-duress criminal-procedure double-jeopardy due-process pro-se-representation right-to-counsel | WHETHER A STATE CAN FORCE A U.S. CITIZEN TO FACE CRIMNINAL CHARGES, WITHOUT THE ASSISTANCE OF COUNSEL AFTER THE U.S. CITIZEN KEPT TELLING STATE COURTS… |
| 20-1514 | Robert John Dodd v. Harold W. Clarke, Director, Virginia Department of Corrections | Virginia | 2021-04-28 | Denied | child-sexual-abuse criminal-indictment criminal-procedure double-jeopardy due-process indictment ineffective-assistance ineffective-assistance-of-counsel legal-proceeding statute-of-limitations trial-counsel | Dodd was indicted on nine counts for the sexual abuse of a child more than fifteen years ago. Each count of the indictment was an identical carbon cop… | |
| 20-1498 | Kory Alexander v. Alex Jones, Acting Warden | Seventh Circuit | 2021-04-27 | Denied | Response Waived | alleyne-precedent appellate-review criminal-elements criminal-procedure double-jeopardy due-process firearm-discharge first-degree-murder jury-instructions lesser-included-offense sentencing sentencing-factor | Kory Alexander was charged by indictment with first degree murder with the specific allegation that he personally discharged a firearm during the comm… |
| 20-7857 | Benjamin Ayala v. New York | New York | 2021-04-27 | Denied | Response WaivedIFP | burglary constitutional-interpretation criminal-conviction double-jeopardy dwelling-entry fifth-amendment multiple-convictions single-entry state-court-conflict uniform-decision | 1. Whether petitioner's Fifth Amendment right against double jeopardy was violated when he was convicted of multiple burglaries based upon a single e… |
| 20-7867 | Howard Allen Groffel v. Virginia | Virginia | 2021-04-27 | Denied | IFP | constitutional-law criminal-law criminal-prosecution double-jeopardy due-process firearm-possession firearms protective-order protective-orders status-crime status-crimes | Groffel was convicted five times for transporting one firearm in violation of five separate protective orders. This case poses a clear question of law… |
| 20-7715 | In Re Richard DeCaro | 2021-04-12 | Denied | Relisted (2)IFP | double-jeopardy ex-post-facto federal-statute first-degree-murder ineffective-assistance ineffective-assistance-of-counsel mandatory-life second-degree-murder sentencing-guidelines sixth-amendment | 1. Whether the Ex Post Facto Clause is violated where petitioner was sentenced to the amended statute, first degree murder, mandatory life, rather tha… | |
| 20-7723 | Dangelo Davis v. United States | Sixth Circuit | 2021-04-12 | Denied | Response WaivedIFP | constitutional-rights criminal-endeavor criminal-procedure double-jeopardy drug-amount drug-charges due-process RICO sentencing sixth-circuit | I. DID THE DECISION OF THE COURTS APPEALS THE SIXTH CIRCUIT ERR WHEN CONCLUDING THAT DAVIS NOWAK'S GOAL OF FURTHERING OR FACILITATING THE CRIMINAL ENT… |
| 20-7672 | James Michael Garcia v. United States | Ninth Circuit | 2021-04-07 | Denied | Response WaivedIFP | assault child-abuse criminal-procedure double-jeopardy due-process guilty-plea plea-bargaining sentencing serious-bodily-injury | WHETHER, AFTER A DEFENDANT PLEADS GUILTY TO FELONY CHILD ABUSE, THE GOVERNMENT MAY STILL PURSUE A CHARGE OF ASSAULT RESULTING IN SERIOUS BODILY INJURY… |
| 20-7637 | Derrick Gregory James v. Florida Department of Corrections | Florida | 2021-04-02 | Denied | Response WaivedIFP | corrections-department cruel-and-unusual-punishment double-jeopardy due-process ex-post-facto fifth-amendment habeas-corpus judicial-discretion sentence-modification sentencing | Can A Stale Corrections Arbitrarily Change A Defendant 's Prison Sentence Nearly Two Decades Later, Even After Having Initionaliy Structured Said Cou… |
| 20-7622 | Merle Denezpi v. United States | Tenth Circuit | 2021-03-31 | Judgment Issued | Amici (6)Response RequestedResponse WaivedRelisted (4)IFP | constitutional-provisions court-of-indian-offenses criminal-prosecution double-jeopardy federal-agency indian-law jurisdictional-issue procedural-history tribal-court ute-mountain-ute-agency | Is the Court of Indian Offenses of Ute Mountain Ute Agency a federal agency such that Merle Denezpi's conviction in that court barred his subsequent p… |
| 20-1281 | Byron Dredd v. United States | Ninth Circuit | 2021-03-15 | Denied | Response Waived | 18-usc-1001 18-usc-1519 18-usc-241 acquittal civil-rights criminal-procedure double-jeopardy false-statements religious-communication trial-evidence | 1. Whether petitioner's acquittals on two counts - conspiracy against civil rights, 18 U.S.C. section 241 and providing false statements, 18 U.S.C. se… |
| 20-7440 | Paul Salazar v. Texas | Texas | 2021-03-12 | Denied | IFP | collateral-review constitutional-standards double-jeopardy due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-review standing voir-dire | DOES A STATE'S INITIAL-REVIEW PDST-CONVICTIDN COLLATERAL PROCEDURES MEET CONSTITUTIONAL STANDARDS WHEN THOSE PROCEDURES FAIL TO PROVIDE PRISONERS THE … |
| 20-7425 | Cornelius Kenyatta Craig v. Andre Matevousian, Warden | Sixth Circuit | 2021-03-11 | Denied | Response WaivedIFP | appellate-review constitutional-law criminal-conviction criminal-procedure double-jeopardy due-process fifth-amendment fourteenth-amendment reasonable-doubt sixth-circuit | 1. Whether the United States Court of Appeals for the Sixth Circuit pronouncement on the some evidence standard has departed from accepted and usual c… |
| 20-7400 | Drashawn Bartlett v. Anna Valentine, Warden | Sixth Circuit | 2021-03-10 | Denied | Response WaivedIFP | 28-usc-2253 double-jeopardy felony-murder fifth-amendment harris-precedent harris-v-oklahoma robbery sixth-circuit | In a case involving the substantive offenses of murder and robbery, can the offense of robbery be included as an element in a felony murder instructio… |
| 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… |
| 20-7391 | Marcus A. Turner v. David W. Gray, Warden | Sixth Circuit | 2021-03-09 | Denied | IFP | constitutional-rights double-jeopardy due-process felony-murder fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel strickland-standard | (1.) Does the Double Jeopardy Clause of the Fifth Amendment bar a second prosecution and punishment for the crimes of Felony-murder and Felonious assa… |
| 20-7352 | In Re Henry Lee Rudolph | 2021-03-08 | Denied | IFP | collateral-estoppel constitutional-provisions criminal-procedure double-jeopardy due-process fraud-on-the-court judicial-discretion post-conviction-relief predicate-offense prosecutorial-misconduct supreme-court-discretion | Did the Utah Supreme Court commit fraud by stating The Framers rights were desired by and Rodelph requested, and by stating Three Tiered banner Violat… | |
| 20-7318 | Alex Warren Klinger v. Oklahoma | Oklahoma | 2021-03-03 | Denied | IFP | appellate-review constitutional-law criminal-liability double-jeopardy due-process jackson-standard search-warrant self-defense treaties | 1. Whether an appellate court must apply the standard laid out in this Court's decision in Jackson v. Virginia to determine whether the State has disp… |
| 20-7283 | John Larvie v. United States | Eighth Circuit | 2021-03-01 | Denied | Response WaivedIFP | civil-rights constitutional-violation double-jeopardy due-process federal-review habeas-corpus judicial-discretion plea-bargaining procedural-default standing state-court-reasoning tribal-sovereignty | my attoing didit leve me with Instrutions ot hou to propers appeal Nor cani contact. Aftorng doesid say muh so Ive boen for avhite and battted bore co… |
| 20-7257 | Tito Knox v. Elizabeth G. Magera, U.S. Probation Officer, Individually and in Her Official Capacity, et al. | Fourth Circuit | 2021-02-25 | Denied | Response WaivedIFP | criminal-procedure double-jeopardy due-process fifth-amendment jurisdiction standing | Lindly T Court as:kc the to Gorahan OFF review st PP Tym and the boverment make b An Story For no reason the Court put Lopy OF I 0 Brder File Jhae-21-… |
| 20-7225 | Derek Michael Rigsby v. Colorado | Colorado | 2021-02-24 | Denied | IFP | criminal-procedure criminal-trial double-jeopardy due-process jury-instructions jury-verdict legal-remedy mutually-exclusive-verdicts sixth-amendment | Whether the Due Process Clause and the Sixth Amendment require that a defendant receive a new trial where a jury returns mutually exclusive guilty ver… |
| 20-7148 | Benjamin W. Fawley v. David Jablonski, et al. | Tenth Circuit | 2021-02-16 | Denied | IFP | civil-procedure constitutional-violations contracts-clause criminal-procedure double-jeopardy due-process habeas-corpus pro-se procedural-errors sentencing standing takings | Question not identified. |
| 20-1122 | Edward B. Fleury v. Massachusetts | Massachusetts | 2021-02-16 | Denied | Response Waived | 14th-amendment 2nd-amendment 5th-amendment criminal-procedure double-jeopardy due-process law-enforcement second-amendment statutory-interpretation vagueness | 1. Whether Massachusetts gun storage law M.G.L. c. 140, § 131L, providing enhanced penalties for different types of firearms, is unconstitutionally va… |
| 20-7139 | Chayce Aaron Anderson v. Colorado | Colorado | 2021-02-12 | Denied | IFP | burden-of-proof constitutional-rights criminal-procedure double-jeopardy due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel right-to-counsel substitute-counsel | 1. Whether the Appellate Court abused its discretion in denying Mr. Anderson's request for the appointment of substitute Counsel since defense Counsel… |
| 20-7072 | Jean Denis Paul v. United States | Eleventh Circuit | 2021-02-09 | Denied | Relisted (2)IFP | circuit-court double-jeopardy fairness-integrity felon-in-possession plain-error plain-error-review rehaif revocation substantial-rights supervised-release supreme-court-decision trial-record | Question One: This Court held in Rehaif v. United States , 139 S. Ct. 2191 (2019) , that in a prosecution under 18 U.S.C. §§ 922(g), 924(a)(2), the go… |
| 20-7070 | Jeremy S. v. West Virginia | West Virginia | 2021-02-08 | Denied | Response WaivedIFP | appellate-review criminal-procedure double-jeopardy due-process federal-jurisdiction judicial-inquiry jury-polling jury-trial trial-court-procedure verdict-review | 1. Does the new syllabus point issued by the Supreme Court of Appeals of West Virginia permitting a trial court judge to make further inquiry of a ju… |
| 20-7058 | Dwayne Wilson v. Ed Sheldon, Warden | Sixth Circuit | 2021-02-05 | Denied | Response WaivedIFP | access-to-courts civil-rights constitutional-violation double-jeopardy due-process equal-protection jurisdiction mental-health miscarriage-of-justice | Was it a "Miscarriage of Justice " and a violation of the "Clean Hand(s) Doctrine " when Petitioner orally moved the Court to dismiss charge(s) agains… |
| 20-1039 | Elizabeth Aviles-Wynkoop v. Department of Defense | Federal Circuit | 2021-01-29 | Denied | Response Waived | 5th-amendment administrative-law double-jeopardy due-process federal-employment federal-regulations fifth-amendment whistleblower | Can the Federal Government violate a Federal Employee's 5th Amendment right by depriving a federal employee of his or her property right (job) without… |
| 20-6937 | Darris Altony Newsome v. Harold W. Clarke, Director, Virginia Department of Corrections | Fourth Circuit | 2021-01-26 | Denied | IFP | constitutional-rights criminal-procedure double-jeopardy fourth-amendment habeas-corpus ineffective-assistance-of-counsel mistrial parole | 1 Did a Courts erred in the opinion that petitioners writ of habeas corpus was dismissed as unauthorized and successive federal relief? 2 The Double … |
| 20-6848 | Dana Sylvester Whitley v. R. Graham, Jr., Warden | Fourth Circuit | 2021-01-12 | Denied | Response WaivedIFP | criminal-conviction criminal-procedure double-jeopardy due-process habeas-corpus judicial-review merger-of-sentences ohio-court-of-appeals post-conviction-relief second-degree-murder sentencing | VfcLS \\\L IhsrfricA C-cuifrf Fc>r OhiAnd OF MoualjUni e_(MTe.£rf \n T3.5^ ?e.Vrf\on W uarrf erf ha.beaS V\w\£. VsClt r-e_d , lv r\A tx .ft CjlS Corpu… |
| 20-6792 | Edgar Rene Mier-Garces v. United States | Tenth Circuit | 2021-01-08 | Denied | Response WaivedIFP | circuit-split conspiracy conspiracy-prosecution constitutional-law criminal-procedure double-jeopardy due-process tenth-circuit | The Double Jeopardy Clause prohibits successive conspiracy prosecutions when the conspiracy underpinning a subsequent prosecution is part of the same … |
| 20-6803 | Dominic Lindsey v. United States | Fifth Circuit | 2021-01-08 | Denied | Response WaivedIFP | case-conflict certiorari court-order criminal-procedure double-jeopardy due-process judicial-precedent legal-compliance precedent supreme-court supreme-court-review writ-of-certiorari | Whether the opinion below conflicts with this Court's decisions in Witte v. United States, 515 U.S. 389 (1995), and Davis v. United States, __U.S.__, … |
| 20-6815 | Robert Munoz v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-01-08 | Denied | Response WaivedIFP | constitutional-due-process double-jeopardy due-process false-testimony fourteenth-amendment indictment jury-instructions prosecutorial-misconduct statute-of-limitations | IS IT WRITTEN IN THE U.S. CONSTITUTION THAT A PERSON MAY BE INDICTED, REINDICTED .3-TIMES WITH SAME CAUSE NUMBER: BROADEN, ABANDON, AND BRING ABANDONE… |
| 20-6669 | Brian Zellner v. Georgia | Georgia | 2020-12-21 | Denied | Response WaivedIFP | 5th-amendment constitutional-provision criminal-charges criminal-prosecution double-jeopardy fifth-amendment first-offender-statute state-prosecution substantive-criminal-charges | Does the Double Jeopardy Clause of the 5th Amendment bar state prosecution of a defendant on substantive criminal charges based on the same conduct wh… |
| 20-6659 | Eddie Ashley v. California, et al. | California | 2020-12-18 | Denied | Response WaivedIFP | california-law california-supreme-court constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process federal-jurisdiction judicial-discretion sentencing-enhancement sentencing-enhancements | Does Petitioner had a Federal Due Process Right to the Prohibition of the Imposition of Two Different Sentencing Enhancements, per the California Supr… |
| 20-802 | Virginia Ann Kurschinske v. Pennsylvania | Pennsylvania | 2020-12-15 | Denied | civil-rights constitutional-interpretation double-jeopardy due-process equal-protection fifth-amendment final-order-of-acquittal fourteenth-amendment state-law | 1. Are Pennsylvania state LAWS constitutional? If the answer is yes, are they being applied and are they applied equally? 2. Is the double jeopardy c… | |
| 20-6620 | Michael R. Spengler v. Los Angeles County District Attorney | Ninth Circuit | 2020-12-14 | Denied | IFP | civil-procedure collateral-estoppel criminal-procedure double-jeopardy due-process exhaustion-doctrine federal-review habeas-corpus jurisdiction state-remedies | XM F* F) P-ec'-erpyi Hcdagcxs Corpus For criMtNPd os^ej^cftNfS irJ c-hevieNQiNc. tVie V€-GrR-'-\FY OF ThOT CONiFlNx2»Ae.MF WeFoce -fir^r st^TS *fTfA… |
| 20-6469 | Hector Valentine v. United States | Third Circuit | 2020-12-01 | Denied | Response WaivedIFP | appellate-procedure constitutional-law criminal-innocence criminal-law double-jeopardy judicial-review plea-bargaining sentencing statutory-interpretation third-circuit | Whether the Third Circuit's Erred in not addressingconduct has been rendered non-criminal byanintervening Whether the Third Cirauit's Erred in not ad… |
| 20-6417 | Edwin Omar Almonte-Nunez v. United States | First Circuit | 2020-11-24 | Denied | Response WaivedIFP | 18-usc-2112 abuse-of-discretion counsel-substitution crime-of-violence double-jeopardy due-process party-presentation resentencing sentencing-review | Did the district court adequately vet Mr. Almonte-Nuñez's dissatisfaction with his counsel? Was the denial of his request for substitution an abuse of… |
| 20-6371 | Antoine Moseley v. Daniel Clarke | Seventh Circuit | 2020-11-19 | Denied | IFP | 14th-amendment 5th-amendment double-jeopardy double-jeopardy-clause due-process fact-finding fifth-amendment fourteenth-amendment insufficient-evidence prosecutorial-misconduct statutory-elements | Whether there were post-acquittal fact-finding proceedings going to guilt or innocence of count 3 and count 4 that shared identical statutory elements… |
| 20-6346 | Demarcus D. Morris v. United States | Fifth Circuit | 2020-11-17 | Denied | Response WaivedIFP | controlled-substances criminal-procedure criminal-sentencing double-jeopardy drug-conspiracy due-process fifth-amendment indictment-vagueness rico rico-statute sentencing | 1) Count One (RICO) of the Indictment is unconstitutionally vague. 2) Count Two (Conspiracy to Distribute Controlled Substances) of the Indictment is… |
| 20-686 | Michael Shock v. Arkansas | Arkansas | 2020-11-17 | Denied | Response Waived | brady-violation civil-rights constitutional-law discovery-violation double-jeopardy due-process equal-protection mistrial oregon-v-kennedy prosecutorial-misconduct standing statutory-interpretation | Are significant discovery and Brady violations by the prosecuting attorney, necessitating the grant of a mistrial, sufficient to invoke the double j… |
| 20-6301 | Alfornia Jason Wall, Jr. v. United States | Fourth Circuit | 2020-11-13 | Denied | Response WaivedIFP | consecutive-sentences criminal-procedure double-jeopardy due-process federal-law federal-state-interaction recidivism sentencing-enhancement state-law | Question not identified. |
| 20-6315 | Darris Altony Newsome v. Harold W. Clarke, Director, Virginia Department of Corrections | Fourth Circuit | 2020-11-13 | Denied | IFP | criminal-charges criminal-procedure double-jeopardy due-process fair-trial fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause sixth-amendment victim-testimony witness-testimony | 1. Did the Courts erred in the opinion that petitioners DELEON WAS dismissed Muary unauthorized And successive, And denied relief oof ACEGABAL qpeuids… |
| 20-6154 | Roderick Perez-Gonzalez v. United States | First Circuit | 2020-10-28 | Denied | Response WaivedIFP | conspiracy constitutional-law criminal-procedure double-jeopardy due-process plea-bargaining prosecution united-states-constitution | Whether Subsequent Prosecution of Conspiracies Violate the Double Jeopardy Clause of the United States Constitution when Both Conspiracies Operate Und… |
| 20-491 | Sandy Perez Hernandez v. Texas | Texas | 2020-10-15 | Denied | capital-murder criminal-procedure double-jeopardy fifth-amendment ineffective-assistance-of-counsel manslaughter texas-law | 1. Does the Fifth Amendment's double jeopardy clause bar conviction for intentional injury to a child following acquittal for capital murder, but conv… | |
| 20-5999 | Sonya Porter v. Pennsylvania | Pennsylvania | 2020-10-13 | Denied | Response WaivedIFP | continuous-crime criminal-procedure double-jeopardy fifth-amendment plea-bargaining prosecution welfare-fraud | Where a state criminal rule allows for dismissal of a case on the merits rather than via conviction or acquittal, is this sufficient to trigger protec… |
| 20-5978 | Yoder Austin Blalock v. Alaska | Alaska | 2020-10-09 | Denied | Response WaivedIFP | 14th-amendment 4th-amendment 6th-amendment constitutional-amendments criminal-procedure double-jeopardy due-process equal-protection self-incrimination unreasonable-search | 1) The decision of the State of Alaska, and the Alaska Court of Appeals are inconsistent with the United States Fifth Amendment rights providing that … |
| 20-5869 | Michael Robert Everett v. Florida | Florida | 2020-10-01 | Denied | Response WaivedIFP | constitutional-interpretation criminal-law double-jeopardy due-process federal-law federal-preemption judgment-rendition reclassification sentencing state-law | DURING THE CHARGE IS RECLASSIFIED FROM ONE VARYING DEGREE OFFENSE TO ANOTHER, DOES THIS FINDING RENEW THE BURTON V. STEWART, FERREIRA V. SEC'Y DEP'T O… |
| 20-5823 | Michael R. Spengler v. Los Angeles County District Attorney | Ninth Circuit | 2020-09-28 | Denied | IFP | civil-rights collateral-estoppel constitutional-rights contempt-trial double-jeopardy due-process government-action habeas-corpus judicial-procedure pretrial-proceedings | 1 pUrSUANT to 28 USC 2241, A pretrial petitioner MAY ChAlleNGe his custodt THAT S IN VIOIAHION OF the consttumon its laws and trenties. COgNIzAble ClA… |
| 20-5799 | Lorenzo Davis v. United States | Sixth Circuit | 2020-09-24 | Denied | Response WaivedIFP | acquitted-conduct constitutional-law criminal-law criminal-procedure double-jeopardy due-process judicial-discretion sentencing sentencing-guidelines | Whether a criminal defendant's sentence should be based upon acquitted conduct. |
| 20-5719 | Efrain Camarill Cruz v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2020-09-16 | Denied | Response WaivedIFP | certificate-of-appealability double-jeopardy federal-jurisdiction guilty-plea habeas habeas-corpus ineffective-assistance mental-illness plea-bargaining | Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his federal habeas claims th… |
| 20-5693 | In Re Terron Garhard Dizzley | 2020-09-14 | Denied | Relisted (2)IFP | burden-of-proof constitutional-rights double-jeopardy fifth-amendment hung-jury jury mistrial trial-procedure unanimous-verdict | 1. Whether the judges ruling that the jury's failure to reach a unanimus decision was not a failure on the jury's part, (" That's actually a strong me… | |
| 20-5626 | Monte Whitehead v. New Mexico | New Mexico | 2020-09-09 | Denied | IFP | bill-of-rights constitutional-rights criminal-procedure double-jeopardy due-process ineffective-counsel plea-agreement plea-bargaining state-vs-federal-law | New Mexice's anti-waiver statute void? If so! 2. I's the decision by the New Mexico District Court contory te New Mexico's anti-wai ver statute and t… |
| 20-301 | Timothy B. Hennis v. United States | Armed Forces | 2020-09-09 | Denied | Amici (1) | capital-punishment constitutional-provisions court-martial double-jeopardy due-process military-justice military-law state-court-acquittal state-jurisdiction | 1. Whether the offenses for which Petitioner was tried and acquitted in state court constituted offenses "for which [he] cannot be tried in the courts… |
| 20-5616 | Zachary Knotts v. West Virginia | West Virginia | 2020-09-08 | Denied | Response WaivedIFP | bench-trial competency-hearing constitutional-rights criminal-procedure double-jeopardy due-process indictment-disposition mental-competency proof-standard trial-jurisdiction | If a defendant is indicted and found not competent to stand trial, is the court obligated to write a final order disposing of the case when the court … |
| 20-5540 | Ugunda Giovanni Sanders v. United States | Sixth Circuit | 2020-08-31 | Denied | Response WaivedIFP | conspiracy-charge constructive-amendment double-jeopardy due-process fifth-amendment grand-jury plea-agreement plea-bargaining prosecutorial-discretion relevant-conduct | The Government charged Sanders with a conspiracy taking place on June 28, 2017. When Sanders pled guilty the Government reserved the right to charge h… |
| 20-244 | James Michael Fayed v. California | California | 2020-08-31 | Denied | double-jeopardy due-process fundamental-fairness right-to-counsel separate-sovereigns silver-platter-doctrine sixth-amendment uncharged-allegations | Whether the Sixth Amendment right to counsel attaches on uncharged murder allegations when a defendant is brought to court to defend himself against t… | |
| 20-5516 | Joseph Peter Garbarini v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2020-08-27 | Denied | IFP | appellate-review certificate-of-appealability circuit-court district-court double-jeopardy due-process fifth-circuit ineffective-assistance-of-counsel judicial-disagreement procedural-bar | Did the Fifth Circuit err in denying a certificate of appealability on a double jeopardy claim reasoning that I am procedurally barred when a debate e… |
| 20-5421 | Doved Ben Downer v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2020-08-19 | Denied | Response WaivedIFP | charging-document criminal-law criminal-procedure double-jeopardy drug-possession due-process information-charging legal-sufficiency racketeering statutory-interpretation | 1. IS SIMPLE POSSESSION UNDER F.S. 893.13(6)(A). A LEGALLY PERMISSIBLE RACKETEERING PREDICATE INCIDENT UNDER F.S. § 895.02(l)(a), § 895.02(l)(b)? 2. … |
| 20-5386 | Leon Hawkins v. Donnie Morgan, Warden | Sixth Circuit | 2020-08-18 | Denied | IFP | constitutional-rights criminal-procedure double-jeopardy due-process judicial-discretion merger ohio-law sentencing sentencing-merger | Does Ohio violate petitioner's constitutional right to be sentenced for sentences that merged (yet) the court sentenced separate sentences for the sam… |
| 20-162 | Damon J. Claiborne v. Ryan McCarthy, Secretary of the Army | Ninth Circuit | 2020-08-14 | Denied | Response Waived | administrative-double-jeopardy administrative-law constitutional-challenge constitutional-due-process double-jeopardy due-process retroactive-enforcement retroactive-rule separation-decision separation-decisions statutory-authority | 1. Whether the Secretary violated departmental regulations that prohibited administrative double jeopardy by subjecting Claiborne, months before he ve… |
| 20-5355 | Eddie David Cox v. United States | Eighth Circuit | 2020-08-14 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | appeal circuit-split constitutional-law criminal-procedure double-jeopardy due-process resentencing sentencing | Whether the Double Jeopardy Clause bars resentencing on counts for sentences a defendant has already served? |
| 20-5322 | Patrick H. Torrence v. Alaska | Alaska | 2020-08-11 | Denied | IFP | compulsory-process constitutional-amendments criminal-procedure double-jeopardy due-process effective-assistance-of-counsel equal-protection search-and-seizure self-incrimination unreasonable-searches-and-seizures | 1) The decision of the State of Alaska, and the Alaska Court of Appeals are inconsistent with the United States Fourteenth Amendment rights to fair an… |
| 20-5254 | Quintin I. Brown v. Virginia | Virginia | 2020-08-04 | Denied | IFP | appellate-review constitutional-rights criminal-procedure double-jeopardy due-process evidence-law felony jury-trial misdemeanor | DID the COMMONWEALTH of VIRGINIA IWA l court i)£MV MR.13ROWU H'S COMSTltTUTIbWAL RIGHT TO JURY TRIAL ON Ttffc MVSOEIAEAMOR CHARGES OP ReCJ&WtWC STOLEN… |
| 20-5158 | Alexander J. Silvers v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2020-07-24 | Denied | Response WaivedIFP | constitutional-rights detention-challenge double-jeopardy due-process gerstein-v-pugh judicial-determination notice-to-defense probable-cause prosecutorial-discretion | 1) Once a neutral magistrate make a judicial determination of probable cause in the arrested offense, does that provide legal justification for the st… |
| 20-5164 | Lonnie Kade Welsh v. Texas | Texas | 2020-07-24 | Denied | IFP | civil-commitment criminal-procedure double-jeopardy due-process fourteenth-amendment insanity-defense mens-rea mental-capacity | 1. Would the State of Texas cause a fundamental miscarriage of justice violating the United States Fourteenth Amendment by refusing to overturn the cr… |
| 20-5175 | John David Wilson, Jr. v. Florida | Florida | 2020-07-24 | Denied | IFP | collateral-estoppel criminal-procedure double-jeopardy due-process fifth-amendment jurisdiction | *THe FUA^A/v S0%6 m£ Qmsf HftJ, Gmmf'TtfP &&QQ it f/niso -fc m m&vrs of; 15 A DOOfibe r&ft&j Com AfX/o^WiS j67 k fLA, &> C^ aA> ft ftiNM- S.^x) t«0. … |
| 20-5135 | James Bowell v. State Bar of California | California | 2020-07-22 | Denied | Response WaivedRelisted (2)IFP | 6th-amendment criminal-procedure double-jeopardy habeas ineffective-assistance ineffective-assistance-of-counsel parole-revocation parolee sentencing sentencing-enhancement statutory-maximum | 1. Would it be considered a 6th Amendment deprivation violation ineffective assistance of counsel for a court appointed attorney refusing to present f… |
| 20-5104 | Justin Tapp v. United States | Fourth Circuit | 2020-07-17 | Denied | Response WaivedIFP | double-jeopardy due-process equal-protection ineffective-assistance-of-counsel prosecutorial-misconduct sentencing | Question not identified. |
| 20-5016 | Ashton Charles Butler v. United States | Fifth Circuit | 2020-07-10 | Denied | Response WaivedIFP | bank-robbery criminal-law divisible-offense double-jeopardy federal-sentencing sentencing statutory-interpretation uniform-administration-of-justice united-states-code | In Prince v. United States, 352 U.S. 322 (1957), this Court construed the first and second paragraphs of 18 U.S.C. § 2113(a)—bank robbery and entry in… |
| 20-5018 | Roy Howard Middleton v. Mark S. Inch, Secretary, Florida Department of Corrections | Eleventh Circuit | 2020-07-09 | Denied | IFP | appellate-review circuit-court-interpretation criminal-procedure double-jeopardy due-process federal-law-application habeas-corpus ineffective-assistance-of-counsel judicial-review legal-precedent stare-decisis supreme-court-precedent | I. Petitioner asks did the United States Court of Appeals for the Eleventh Circuit and the District Court for the Northern District of Florida apply f… |
| 19-8915 | Robert Eugene Glassgow v. United States | Eighth Circuit | 2020-07-08 | Denied | Response WaivedIFP | 28-usc-2255 acquittal aedpa court-of-appeals criminal-procedure double-jeopardy due-process habeas-corpus post-conviction-relief presumption-of-innocence sentencing | Whether prose defendants since file under 18 U.S.C. § 2255 and are paid back costs by the Court Judge if in be the onus ce oy tt permission of the app… |
| 19-8886 | Jon Edward Erickson v. Thomas E. Collins, Judge, Superior Court of Arizona, Cochise County, et al. | Arizona | 2020-07-01 | Denied | Relisted (2)IFP | 5th-amendment 6th-amendment appeal appellate-review constitutional-rights criminal-procedure double-jeopardy due-process trial-record trial-records | Question One Did the trial court error in violating the petitioner's 5th and 14th Amendment rights to appeal the petitioner's first conviction, by fai… |
| 19-8865 | Alexander M. Schultz v. Wisconsin | Wisconsin | 2020-06-30 | Denied | IFP | burden-of-proof charging-documents double-jeopardy imprecise-language same-offense successive-prosecutions | For purposes of the Double Jeopardy Clause, what is the proper test, and assignment of burdens, for determining whether two prosecutions are factually… |
| 19-8837 | Donnie Wayne Nipper v. United States | Fourth Circuit | 2020-06-26 | Denied | Response WaivedIFP | armed-career-criminal criminal-procedure double-jeopardy ex-post-facto jurisdictional-waiver sentencing sentencing-enhancement statutory-interpretation united-states-constitution | Should Mr. Nipper be resentenced without an armed career criminal enhancement to his guideline range where the government failed to allege prior convi… |
| 19-1409 | Howard B. Bloomgarden v. California | California | 2020-06-24 | Denied | Response Waived | circuit-split crime-of-violence double-jeopardy extortion federal-prosecution interstate-commerce statutory-interpretation travel-act unlawful-activity | In part, the Travel Act makes it a crime to "travel[] in interstate or foreign commerce….with the intent to…[(a)(2)] commit any crime of violence to f… |
| 19-8773 | Quincy Harrison v. Vance Laughlin, Warden | Georgia | 2020-06-22 | Denied | IFP | armed-robbery constitutional-rights criminal-procedure double-jeopardy due-process firearm jurisdiction vehicle-theft | Vx^W+W -fk* fi-f+K A/vi&mdimior op reunited S^Tcte S Constitv^t)'Double ^Jeopardy (LlauSe, I 5 V l^lcrte^i VJh'eve peWf/oner charged O-nd Con \Jicied… |
| 19-8751 | Paramjit Singh Basra v. Washington | Washington | 2020-06-19 | Denied | Response WaivedIFP | abuse-of-authority appellate-remedy criminal-conviction criminal-procedure double-jeopardy due-process judicial-abuse state-judiciary statutory-duty | 1.) Is it lawfully permissible for a State to convict a person twice for a single crime? 2.) Is it lawfully permissible for a State's Judiciary to ab… |
| 19-8687 | Hamidreza Ghazavi v. Virginia | Virginia | 2020-06-12 | Denied | Response WaivedRelisted (2)IFP | civil-rights conspiracy constitutional-rights double-jeopardy due-process fraud-upon-the-court judicial-misconduct miscarriage-of-justice speedy-trial trespass-statute | The circuit court& upper courts: 1/ followed CORRUPT federal agents to make a CONSPIRACY case& violate my entire US& YA Constitutional Rights& destro… |
| 19-8690 | Jimmy Lee Wheeler v. Mark S. Inch, Secretary, Florida Department of Corrections | Florida | 2020-06-12 | Denied | Response WaivedRelisted (2)IFP | civil-procedure civil-rights constitutional-rights criminal-procedure double-jeopardy due-process equal-protection judicial-review sentencing statutory-interpretation structural-error | The OCR text is too degraded and illegible to accurately extract the "Question(s) Presented" section verbatim. While a "QUESTION(S) PRESENTED" header … |
| 19-8623 | Joshua Charles Lovell Moseley v. Harold W. Clarke, Director, Virginia Department of Corrections | Fourth Circuit | 2020-06-09 | Denied | IFP | burglary criminal-conviction criminal-procedure dominion-control double-jeopardy due-process equal-protection federalism grand-larceny reasonable-doubt standard-of-review totality-principle | When Vhe Vwo SVaVe CoorVs arrive aV diVYemanV Conclusions in Vhe same case, should Vhe PeViVioner be given a new Vrial and legal principled o&ln Ola V… |
| 19-8629 | Carpeah R. Nyenekor, Sr. v. United States | Second Circuit | 2020-06-09 | Denied | Response WaivedIFP | affidavit-falsification double-jeopardy dual-sovereignty due-process false-affidavit prosecutorial-misconduct res-judicata search-warrant | In Illinois V. Gate, 462 U.S. 213 (1983), the Supreme Court Stated that, when a Search Warrant has been Dismissed based on Falsely Sworn Affidavit, an… |
| 19-8637 | Robert Reeves v. Cathleen Stoddard, Warden | Sixth Circuit | 2020-06-08 | Denied | IFP | constitutional-interpretation constitutional-law criminal-law criminal-procedure double-jeopardy due-process fifth-amendment legislative-override punishment-limitation statutory-interpretation | Whether the Court should overrule the " legislative override " exception to the Double Jeopardy Clause. |
| 19-8625 | Dedric Davis v. Florida | Florida | 2020-06-05 | Denied | IFP | appeal criminal-procedure double-jeopardy due-process judgment-of-acquittal legal-standard motion petitioner standard-of-review sufficiency-of-evidence trial-court | WHETHER THE TRIAL COURT ERRED IN NOT GRANTING PETITIONER'S MOTION FOR JUDGMENT OF ACQUITTAL |
| 19-8573 | David Konepachit v. California | California | 2020-05-30 | Denied | IFP | civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process equal-protection recidivism sentencing sentencing-enhancement | DOES THE SENATE BILL 1393 INHERENTLY DEPRIVE THE PETITIONER FROM EQUAL PROTECTION OF THE LAWS BECAUSE OF THE AMELIORATIVE STATUTE THAT 1893 AMENDS, LA… |
| 19-8515 | Michael Munday v. United States | Eleventh Circuit | 2020-05-21 | Denied | Response WaivedIFP | disparate-sentencing double-jeopardy due-process fairness fifth-amendment judicial-review reasonableness sentencing sentencing-disparity sixth-amendment | In affirming the 12-year upward departure sentence, the Eleventh Circuit Court of Appeals has so far departed from the accepted and usual course of ju… |
| 19-8485 | Melvin T. Bell v. United States | Seventh Circuit | 2020-05-18 | Denied | Response WaivedIFP | constitutional-law constitutional-violation criminal-procedure double-jeopardy due-process final-judgment judicial-review jurisdiction legal-remedy statutory-interpretation | WHEN A PETITIONER HAS REALIZED, TWO YEARS LATER, AND UNCONSTITUTIONALLY RETRIED FOR THE SAME STATUTORY OFFENSE TO IN THE SAME PROCEEDING, WHICH HAS LE… |
| 19-1293 | Michael Ludwikowski v. United States | Third Circuit | 2020-05-15 | Denied | Response RequestedResponse WaivedRelisted (2) | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-acquittal sentencing sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from increasing a criminal defendant's sentence for conduct underlying a count on whic… |
| 19-8387 | Robert C. Caldwell v. United States | Eighth Circuit | 2020-05-04 | Denied | Response WaivedIFP | carjacking constitutional-challenge constitutional-law criminal-sentencing double-jeopardy enhanced-penalty evidentiary-finding firearm public-choice-clause sentencing statutory-interpretation two-strike-statute | The Government seehs to have defendants sentenced under both the CarJacking statute and the firearm statute. The issue befire the Court is whether sen… |
| 19-8342 | Dearieus Duheart v. United States | Fifth Circuit | 2020-04-23 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-trial sentencing sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments prohibit the use of acquitted conduct to enhance a defendant's sentence? |
| 19-8260 | Alvin Fulton v. New York | New York | 2020-04-15 | Denied | IFP | criminal-procedure double-jeopardy due-process ex-post-facto fundamental-miscarriage judicial-discretion post-release-supervision sentencing sentencing-error sex-offenses | 1. the usages and principles of law Whether the State of New York Court of Appeals has decided an important federal question in a way that conflicts w… |
| 19-8227 | Joshua Dwayne Carrier v. Colorado | Colorado | 2020-04-09 | Rehearing | Response WaivedRelisted (2)IFP | 4-year-old-transaction 4th-amendment 4th-amendment-violation constitutional-rights double-jeopardy expert-testimony fourth-amendment probable-cause search-warrant stale-information | 1. WAS THE SEARCH WARRANT FOR MR. CARRIERS HOME AND COMPUTERS RELYING ON A SINGLE TRANSACTION FROM FOUR YEARS EARLIER BASED UPON STALE INFORMATION AND… |
| 19-8160 | Eddie Vincent Rutledge v. Florida | Florida | 2020-04-02 | Denied | Response WaivedIFP | conspiracy constitutional-rights criminal-conspiracy criminal-procedure double-jeopardy fifth-amendment issue-preclusion solicitation | DID THE FLORIDA TRIAL COURT VIOLATE THE FIFTH AMENDMENT'S GUARANTEE AGAINST DOUBLE JEOPARDY WHEN IT REFUSED TO APPLY THE DOCTRINE OF ISSUE PRECLUSION … |
| 19-8170 | Joe Robert Reynolds v. North Carolina | North Carolina | 2020-04-02 | Denied | IFP | appeal civil-rights constitutional-rights criminal-procedure double-jeopardy due-process habeas-corpus ineffective-assistance post-conviction-relief sentencing | Question not identified. |
| 19-8148 | Brent Douglas Cole v. United States | Ninth Circuit | 2020-03-30 | Denied | Response WaivedRelisted (2)IFP | civil-rights constitutional-rights double-jeopardy due-process jurisdiction prosecutorial-misconduct separation-of-powers sovereignty standing territorial-jurisdiction venue | A "Case" is "a suit instituted according to the regular course of judicial procedure." Muskrat, 219 US at 356-7. It must be instituted lawfully to ari… |
| 19-8119 | Walter E. Williams v. Mark S. Inch, Secretary, Florida Department of Corrections | Florida | 2020-03-27 | Denied | Relisted (2)IFP | constitutional-challenge constitutional-law criminal-conviction criminal-procedure double-jeopardy due-process essential-element felony-murder judicial-review jury-instruction standing | can a trial court acquit and convict for same crime without violating the prohibitions of the fiFTH Amendment involving double jeopardy in this case? … |
| 19-8082 | Altius Willix v. United States | Eleventh Circuit | 2020-03-23 | Denied | Response WaivedIFP | concurrent-sentence concurrent-sentence-doctrine criminal-procedure double-jeopardy duplicitous-indictment fifth-amendment multiplicious-charges sixth-amendment structural-error | Is an indictment considered duplicitous or multiplicious when it charges 2 counts occurring out of the same sequence or events that led to one episode… |
| 19-1163 | Bernard Rottschaefer v. United States | Third Circuit | 2020-03-23 | Denied | Response Waived | appeals collateral-estoppel court-of-appeals criminal-procedure criminal-prosecution double-jeopardy drug-distribution due-process judicial-deference judicial-review jurisdiction medical-professional precedent standard-of-review substantial-question | On March 3rd, 2006, the Court of Appeals for the 3rd District ruled that sex-for-drugs played no part in Dr. Rottschaefer's convictions and that Dr. R… |
| 19-1153 | Russell A. Suzuki, et al. v. Christopher Deedy | Ninth Circuit | 2020-03-20 | Denied | 28-usc-1257 appellate-review civil-procedure criminal-procedure double-jeopardy exxon-mobil-v-saudi-basic federal-court-jurisdiction federal-jurisdiction lesser-included-offense lesser-included-offenses standing state-court-judgment state-court-judgments | This case presents two straightforward questions: 1) the limits the Constitution and Congress impose on the jurisdiction of lower federal courts; and … | |
| 19-8026 | In Re Jonathan A. Hampton | 2020-03-18 | Denied | IFP | civil-rights constitutional-rights constitutional-rights-speedy-trial-habeas-corpus-d criminal-law double-jeopardy due-process federal-jurisdiction habeas-corpus judicial-discretion jury-instructions personal-recognizance speedy-trial | 1. DOES THE PETITIONER IN A HABEAS PROCEEDING HAVE AN INHERENT CONSTITUTIONAL RIGHT TO BE ENLARGED UPON HIS PERSONAL RECOGNIZANCE IN THE INTEREST OF H… | |
| 19-8033 | In Re Jonathan A. Hampton | 2020-03-18 | Denied | IFP | constitutional-rights criminal-procedure double-jeopardy due-process federal-jurisdiction habeas-corpus harmless-error jury-instructions lesser-included-offense prosecutorial-appeal state-law structural-error | CAN I, JONATHAN ANDREW HAMPTON, AN INDIGENT PRISONER, SIGSI(A) PETITIONER ANA 42 USCS SI983 CIVIL RIGHTS PIAINTIFF, APPEARING IN PROPRIA PERSONA BEFOR… | |
| 19-7957 | Damar D. Ruffin v. United States | Sixth Circuit | 2020-03-12 | Denied | Response WaivedIFP | appeals appellate-review controlled-substance controlled-substances criminal-procedure double-jeopardy due-process evidence evidence-law jury-instruction jury-trial reversible-error sentencing standard-of-review | 1. Sheer le Sul, Circle Cocer oF Aopeals Tiling \s \n direct Contes cartlkwothe Laws othe Svupreme CoURT™ Rex er ding . Pleas Eaor tor Kel cation OF —… |
| 19-7978 | Ramon Delgado, aka Ramon Delgado-Pina v. United States | Ninth Circuit | 2020-03-12 | Denied | Response WaivedIFP | administrative-law affection-influence civil-rights constitutional-vagueness criminal-procedure double-jeopardy due-process foreign-nationals foreign-relations security-clearance sentencing uncharged-conduct vagueness | First, was it unconstitutionally vague to ask Petitioner in a security clearance questionnaire to name the foreign nationals with whom Petitioner had … |
| 19-7944 | In Re Steven Beebe | 2020-03-11 | Denied | Relisted (2)IFP | court-order double-jeopardy double-jeopardy,fifth-amendment,united-states-v-di fifth-amendment habeas-corpus legal-developments legal-precedent probation probation-condition publish-opinion united-states-v-dixon | I - Whether this Court should issue a Writ of Habeas Corpus. II - Whether the Fifth Amendment Double Jeopardy holding of United States v. Dixon, 509 … | |
| 19-7917 | Isaac Feldman v. United States | Eleventh Circuit | 2020-03-10 | Denied | Response WaivedIFP | antisemitic-reference antisemitism appellate-review conspiracy conspiracy-prosecution criminal-procedure double-jeopardy double-jeopardy-clause jury-verdict prosecution prosecutorial-misconduct | 1. Where a jury returns a final verdict on a charge of conspiracy, finding a defendant guilty of only one of multiple charged offense objects, is the … |
| 19-7927 | Jay Allen Newcomb v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2020-03-10 | Denied | Response WaivedIFP | confrontation confrontation-rights double-jeopardy due-process oral-pronouncement sentencing sentencing-conflict written-judgment | 1. Is the 11th Circuit's conclusion that "any error the sentencing court made in orally pronouncing [Petitioner's] sentence was corrected by the writt… |
| 19-7834 | Travis Soto v. Ohio | Ohio | 2020-03-02 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure federal-courts fifth-amendment finality plea-bargaining constitutional-rights criminal-procedure double-jeopardy federal-courts fifth-amendment finality jury-trial plea-agreement plea-bargaining | This Court has yet to resolve the question lying at the core of this appeal, which has produced a split amongst this country's federal and state judic… |
| 19-7843 | Tony Buck v. United States | Fifth Circuit | 2020-03-02 | Denied | Response WaivedIFP | bureau-of-prisons constitutional-law constitutional-rights conviction criminal-conviction criminal-procedure double-jeopardy due-process federal-jurisdiction judicial-review punishment punishment-clause sentencing | Whether the Judgment of Conviction should be vacated as a violation of the Double Jeopardy Clause because the Judgment punishes Mr. Buck for the exact… |
| 19-7796 | Kevin T. Hawkins v. United States | Ninth Circuit | 2020-02-27 | Denied | Response WaivedIFP | appellate-procedure double-jeopardy due-process federal-rules federal-rules-of-appellate-procedure interlocutory-appeal ninth-circuit vindictive-prosecution | Does the Ninth Circuit circuit rules supersede the Federal Rules of Appellate Procedures, particular when it results in depriving an individual due pr… |
| 19-7703 | Terry Antonio Lee v. Wendy Kelley, Director, Arkansas Department of Correction | Eighth Circuit | 2020-02-19 | Denied | IFP | brady-violation civil-rights constitutional-rights double-jeopardy due-process ineffective-counsel jury-instructions sentencing | Does the 5th Amendment Release from illegal detention Convicted Against Double Jeopardy 5TH Amendment Petitioner WAS Counse/ Ineffective in Violation … |
| 19-7603 | Mark D. Jensen v. William Pollard | Seventh Circuit | 2020-02-10 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | confrontation-clause confrontation-right constitutional-error constitutional-violation criminal-procedure double-jeopardy due-process habeas-corpus judicial-remedy retrial trial-rights | The federal courts found that his wife's voice-from-the-grave letter violated Jensen's confrontation right and granted his habeas petition, ordering t… |
| 19-7615 | William E. Vukich v. Unified Judicial System of Pennsylvania | Third Circuit | 2020-02-10 | Denied | IFP | appellate-review civil-rights constitutional-law criminal-procedure double-jeopardy due-process equal-protection incarceration judicial-interpretation mistrial probation sentencing | Question not identified. |
| 19-7587 | Lannon Lavar Burdunice v. Minnesota | Minnesota | 2020-02-07 | Denied | Response WaivedIFP | acquittal batson bias character-evidence circumstantial-evidence constitutional-rights criminal-law double-jeopardy due-process evidence incomplete-jury-verdict insufficient-evidence intent-to-kill judicial-error judicial-misconduct jury-instructions jury-verdict prior-convictions prosecutorial-misconduct right-to-be-present right-to-present-defense second-degree-murder weight-of-evidence | 1. MUST MV CONVICTION FOR SECOND DEGREE INTENTIONAL MURDER BE VACATED AND A JUDGEMENT OF ACQUITTAL ENTERED INSTEAD WHERE THE JURY'S GUILTY VERDICT GOE… |
| 19-7557 | Lance Yarbough v. United States | Third Circuit | 2020-02-05 | Denied | Response WaivedIFP | criminal-activity double-jeopardy drug-conspiracy jointly-undertaken-criminal-activity relevant-conduct sentencing statutory-minimum substantive-offenses successive-prosecution | 1. Where a prosecution for drug conspiracy under 21 U.S.C. §846 is successive to separate sentences for substantive offenses that are included in the … |
| 19-7516 | Mary Mosley v. United States | Fifth Circuit | 2020-01-31 | Denied | Response WaivedIFP | acquitted-conduct alleyne-v-united-states criminal-procedure criminal-procedure-acquitted-conduct double-jeopardy due-process fifth-circuit jury-verdict nelson-v-colorado sentencing sentencing-enhancement sentencing-guidelines | 1) DID THE PANEL ERR BY UPHOLDING THE APPLICATION OF AN ENHANCEMENT FOR BRANDISHING OR POSSESSING A FIREARM WHEN MISS MOSLEY WAS ACQUITTED BY A JURY O… |
| 19-7479 | Brian Price v. United States | First Circuit | 2020-01-29 | Denied | IFP | acquitted-conduct constitutional-rights criminal-conspiracy criminal-procedure double-jeopardy due-process federal-courts federal-sentencing-guidelines sentencing sentencing-guidelines | Whether a defendant's constitutional rights are abridged when a district court bases its sentence solely on acquitted conduct. Whether a criminal con… |
| 19-7433 | Anthony Russell Wilson v. United States | Eighth Circuit | 2020-01-27 | Denied | Response WaivedIFP | 18-usc-3583 criminal-prosecution double-jeopardy federal-sentencing fifth-amendment statutory-interpretation supervised-release united-states-v-haymond | The question presented to this Court is whether Petitioner, Wilson, who suffered a criminal prosecution by way of a supervised release revocation hear… |
| 19-7446 | Enrique A. Echeverria-Benitez v. United States | Fifth Circuit | 2020-01-27 | Denied | Response WaivedIFP | appellate-review criminal-procedure double-jeopardy fifth-circuit illegal-reentry plain-error retribution sentencing sentencing-guidelines supervised-release | On direct appeal, Mr. Echeverria-Benitez argued his twenty-seven month sentence for illegal reentry after removal was unreasonable. Mr. Echeverria-Ben… |
| 19-7401 | Dumisai H. Hockaday v. Helene Christner, et al. | Tenth Circuit | 2020-01-24 | Denied | IFP | administrative-regulations civil-procedure confrontation-clause constitutional-rights deliberate-indifference double-jeopardy due-process exhaustion-of-remedies grievance-process medical-care prison-conditions standing summary-judgment | 1. Whether the underlying activity of the United States Court of Appeals for the Tenth Circuit is ethical or not under Thomas v. Am, 474 U.S. 140, at … |
| 19-7348 | Raymond Alston, aka Raymond Austin v. New York | New York | 2020-01-21 | Denied | IFP | appellate-jurisdiction civil-procedure constitutional-review criminal-procedure double-jeopardy due-process grand-jury indictment judicial-discretion malicious-prosecution sentencing-standards standing | WAS APPELLANT DENIED DUE PROCESS BY THE COURTS SUA SPONTE DECISION, PURSUANT TO CPL DIVISION TO CONSIDER THE ERROR INCLUDED CHARGE OF BURGLARY IN THE … |
| 19-7338 | David P. Moran v. Florida | Florida | 2020-01-17 | Denied | Response WaivedIFP | concurrent-sentences consecutive-sentences criminal-procedure double-jeopardy due-process judicial-interpretation prosecutorial-charging same-conduct same-victim sentencing sentencing-discretion sentencing-guidelines | 1. Should two charges for the same episode of conduct and the same victim with no temporal break whatsoever be sentenced to consecutive prison terms e… |
| 19-7289 | Willis Shane Gordon v. Sam Cline, Warden | Tenth Circuit | 2020-01-15 | Denied | Response WaivedIFP | apprendi-v-new-jersey apprendi-violation brady-evidence Brady-Violation burden-of-proof criminal-procedure criminal-sentencing double-jeopardy doyle-violation due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel jury-trial kansas-sentencing-guidelines post-arrest-silence prior-convictions procedural-bar prosecutorial-misconduct sentencing-guidelines | Whether the Kansas courts violated petitioner's Sixth Amendment right to effective assistance of counsel, his Fifth Amendment right against self-incri… |
| 19-7283 | Fairly W. Earls v. Susan Novak, Warden | Seventh Circuit | 2020-01-14 | Denied | Response WaivedIFP | certificate-of-appealability circuit-split civil-procedure double-jeopardy due-process federal-rules-of-civil-procedure fifth-amendment newly-discovered-evidence rule-60(b) rule-60b-motion | Fairly Earls case raises a pressing issue of National Importance: Whether and to what extent did the United States Court of Appeals for the Seventh Ci… |
| 19-7215 | Jerry Jabbari Rhodes v. United States | Fourth Circuit | 2020-01-08 | Denied | IFP | acquittal constitutional-rights criminal-procedure double-jeopardy due-process judicial-sentencing jury-trial sentencing sixth-amendment watts-decision | Is it reasonable and constitutional to sentence a defendant on facts for which a jury found the same defendant not guilty? |
| 19-7155 | Russell DeFreitas v. Gregory A. Kizziah, Warden | Sixth Circuit | 2020-01-02 | Denied | Response WaivedIFP | abuse-of-discretion actual-innocence constitutional-rights double-jeopardy due-process habeas-corpus habeas-corpus-2241 ineffective-assistance ineffective-assistance-of-counsel sixth-amendment statutory-interpretation | First Question: Whether Sixth Circuit's precedent supersedes and adoption of district court's arbitrary abuse of authority, prohibits petitioner's 2… |
| 19-828 | Charles Garske, et al. v. United States | First Circuit | 2019-12-31 | Denied | Response Waived | constitutional-law criminal-procedure double-jeopardy government-misconduct manifest-necessity mistrial oregon-v-kennedy retrial united-states-v-perez | For purposes of determining whether the Double Jeopardy Clause bars a second prosecution, does the test enunciated in Oregon v. Kennedy, 456 U.S. 667 … |
| 19-7010 | Omar Folk v. Prime Care Medical, et al. | Third Circuit | 2019-12-19 | Denied | Response WaivedIFP | abuse-of-discretion civil-procedure discovery-issues double-jeopardy due-process federal-rules-of-civil-procedure habeas-corpus mandate-stay rule-59(e) rule-60-motion standing third-circuit-appeal | 1.) Whether Third Circuit Court of Appeal Judge's apply the Standard Under Timely 60(C)(1) from the Doc. 115 Jan. 26, 2018 District Court Opinion. S… |
| 19-6948 | Michael Eugene Spry v. United States | Fourth Circuit | 2019-12-16 | Denied | Response WaivedIFP | 18-USC-3553 criminal-procedure double-jeopardy due-process federal-courts federal-jurisdiction federal-sentencing sentencing sentencing-guidelines sentencing-reasonableness supervised-release | I. WHETHER THE APPELLANT MICHAEL EUGENE SPRY'S SENTENCE WAS UNREASONABLE AS IT WAS GREATER THAN NECESSARY AND AS SUCH, FAILS TO COMPLY WITH TITLE 18, … |
| 19-6957 | Venise Metayer v. Florida | Florida | 2019-12-16 | Denied | IFP | constitutional-rights double-jeopardy due-process fair-trial fifth-amendment fourteenth-amendment plea-agreement plea-bargaining sentencing sentencing-hearing | DID THE TRIAL/LOWER COURT CREATE A MANIFEST INJUSTICE WHEN IT ALLOWED THE PETITIONER TO PLEA TO CHARGES THAT VIOLATED DOUBLE JEOPARDY LAWS, WHEN THE T… |
| 19-6922 | Charles Edward Bates v. United States | Sixth Circuit | 2019-12-13 | Denied | IFP | 8th-amendment civil-rights constitutional-interpretation criminal-procedure double-jeopardy due-process eighth-amendment excessive-fines excessive-punishment forfeiture sentencing | 1) Did the lower courts err in their interpretation even as Chuck Bates' offense did not result in substantial forfeiture? Courts interpretation Cond … |
| 19-6921 | Brian H. Jones, Sr. v. United States | Ninth Circuit | 2019-12-12 | Denied | Response WaivedIFP | civil-rights constitutional-vagueness criminal-procedure double-jeopardy due-process inherent-power legal-definition prosecution-standards same-transaction sovereignty sovereignty-doctrine tribal-sovereignty vagueness | 1. Is the term "same transaction" unconstitutionally vague? 2. How would two incidents separated by four months constitute the "same transaction"? 3… |
| 19-6894 | Vamsidhar Vurimindi v. Pennsylvania | Pennsylvania | 2019-12-10 | Denied | Response WaivedIFP | ashe-v-swenson blockburger-v-united-states brown-v-ohio compounding-charges constitutional-rights double-jeopardy due-process equal-protection fifth-amendment pro-se-appellant successive-prosecution | 1. Whether State prosecuting an accused under pretense of successive prosecution based upon temporally distinct conduct from prior prosecution, and co… |
| 19-6877 | Christopher Rudolph Brown v. Florida | Florida | 2019-12-09 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | appellate-review civil-procedure civil-rights constitutional-error criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief res-judicata standing trial-counsel | Under the Laws and Rules of Res Judicata, ole if an issue was been litigated on and decided by the Court, would the Wish Court be departing from the e… |
| 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 … |
| 19-6806 | Anthony J. Stokes v. Florida | Florida | 2019-12-03 | Denied | Response WaivedIFP | appeal civil-rights constitutional-review criminal-procedure criminal-prosecution double-jeopardy due-process felony jurisdictional-conflict military-law predicate-felony sentencing sentencing-guidelines statutory-interpretation trial-modification | I. WHETHER A CONVICTION ON A CHARGE CONTAINING AN ESSENTIAL ELEMENT NOT CHARGED IN THE INFORMATION IS A "DUE PROCESS" VIOLATION. II. WHETHER THE DOUB… |
| 19-6760 | Ijaz Khan v. United States | Fourth Circuit | 2019-11-26 | Denied | Response WaivedIFP | administrative-procedure-act constructive-amendment criminal-procedure double-jeopardy federal-rules-of-civil-procedure fifth-amendment indictment indictment-modification polygamy polygamy-charge | THE INDICTMENT, AND WHETHER THIS CONSTITUTES A DOUBLE JEOPARDY VIOLATION N AS THE GOVERNMENT CAN LATER BRING A NEW CHARGE FOR POLYGAMY. |
| 19-6742 | Jorge Prieto v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Florida | 2019-11-25 | Denied | IFP | criminal-procedure double-jeopardy due-process finality judicial-discretion jurisdiction sentencing subject-matter-jurisdiction trial-court | 1. Did the state trial court have jurisdiction to vacate petitioner's (20) Twenty year sentence, and then re-impose a sentence of life imprisonment, s… |
| 19-6713 | Derek Tyler Horton v. Sam Cochran | Eleventh Circuit | 2019-11-22 | Denied | IFP | appellate-review civil-procedure constitutional-law constitutional-rights constitutional-violation double-jeopardy due-process eleventh-circuit habeas-corpus jurisdiction procedural-error writ-of-certiorari | I.) WAe/^er -Ike £/eve/v// CVrcaj*/ erred Ly oLe/vy / tvc^ e-hUoMerk A^/'^ oJiq/Y Far CerAA'c^de dr AppeoJoAl/'d Aw //?e recori <c/e_ocr AAA f /Ao-4… |
| 19-6721 | Christopher Ray Parrish v. United States | Fourth Circuit | 2019-11-22 | Denied | Response WaivedIFP | constitutional-law criminal-conduct double-jeopardy federal-court federal-government punishment sentencing supervised-release | Whether the Double Jeopardy Clause prohibits a federal court from revoking supervised release and sentencing someone based on criminal conduct for whi… |
| 19-6692 | Kenneth Robert Simpson v. United States | Eighth Circuit | 2019-11-20 | Denied | Response WaivedIFP | constitutional-interpretation constitutional-rights double-jeopardy due-process fifth-amendment habeas-corpus judicial-discretion parole revocation sentencing-guidelines statutory-construction supervised-release | Question not identified. |
| 19-6699 | Andrew McWhorter v. Indiana | Indiana | 2019-11-20 | Denied | Response WaivedIFP | acquittal amended-charges charging-information criminal-procedure deadly-weapon double-jeopardy due-process fifth-amendment jury | Whether the Double Jeopardy Clause of the Fifth Amendment barred the State of Indiana from "retrying" Petitioner for the 1) knowing 2) killing 3) of A… |
| 19-6684 | Rakeem Asaad Davis v. United States | Eleventh Circuit | 2019-11-19 | GVR | IFP | 18-usc-922g 6th-amendment 6th-amendment-right-to-jury-trial charged-theories-of-prosecution criminal-procedure criminal-prosecution double-jeopardy due-process felon-in-possession jury-unanimity knowledge-element rehaif-v-united-states richardson-standard richardson-v-united-states sixth-amendment unanimous-jury-verdict uncharged-theories-of-prosecution | Petitioner was charged with possession of a firearm and ammunition by a convicted felon, in violation of 18 U.S.C. § 922(g). The indictment charged po… |
| 19-6649 | Alfred L. Brooks v. Dean Borders, Warden | Ninth Circuit | 2019-11-15 | Denied | Response WaivedIFP | cruel-and-unusual-punishment cruel-punishment dismissed-allegations double-jeopardy due-process extrajudicial-proceeding extrajudicial-proceedings parole parole-hearing plea-agreement | 1) Can state District Attorney 's Office and/or California Board of Parole Hearings utilize Parole Consideration Hearings as extrajudicial proceeding… |
| 19-6632 | Samier Patrick Clark v. United States | Fifth Circuit | 2019-11-14 | Denied | Response WaivedIFP | adam-walsh-act civil-rights constitutional-rights criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-counsel prosecutorial-misconduct sentencing-guidelines | Was petitioner subjective to violations of his Constitutional rights throughout the course of his criminal prosecution? Was petitioner subjective to … |
| 19-611 | Rene A. Boucher v. United States | Sixth Circuit | 2019-11-13 | Denied | Response RequestedResponse WaivedRelisted (2) | appeal below-guideline-sentence criminal-procedure double-jeopardy due-process plea-agreement plea-bargaining sentencing sentencing-appeal waiver waiver-of-rights | 1. Did the government waive its right to appeal the defendant's sentence when it expressly agreed that the defendant would be free to argue for a belo… |
| 19-605 | Arizona v. Philip John Martin | Arizona | 2019-11-12 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | appeal criminal-appeal double-jeopardy first-degree-murder greater-offense hung-jury hung-jury-rule jury-instructions jury-verdict lesser-offense richardson-v-united-states second-degree-murder | In Green v. United States , the Court held that the Double Jeopardy Clause barred retrial of a greater offense when the jury's "verdict was silent" on… |
| 19-6552 | Darrell Tykwan Atkinson v. United States | Fourth Circuit | 2019-11-07 | Denied | Response WaivedIFP | constitutional-law criminal-conduct double-jeopardy federal-court federal-government punishment sentencing supervised-release | Whether the Double Jeopardy Clause prohibits a federal court from revoking supervised release and sentencing someone based on criminal conduct for whi… |
| 19-6528 | Royce C. Gouveia v. Nolan Espinda, Director, Hawaii Department of Public Safety, et al. | Ninth Circuit | 2019-11-06 | Denied | IFP | acquittal constitutional-law criminal-procedure double-jeopardy double-jeopardy,criminal-procedure,jury,verdict,ac jury jury-verdict retrial verdict | Does a jury's execution of a verdict form acquitting the defendant, and announcement that it has reached a verdict, suffice to erect a double jeopardy… |
| 19-6459 | Kenneth K. DuVall v. Carlos Hernandez, Superintendent, Avery Mitchell Correctional Institution | Fourth Circuit | 2019-10-31 | Denied | IFP | 14th-amendment 1st-amendment 5th-amendment access-to-courts constitutional-challenge criminal-procedure double-jeopardy due-process federal-standards judicial-relief judicial-review state-imprisonment | 1. Did Judge Whitney's failure to rule on Petitioner's newly discovered evidence of Double Jeopardy issues deny Petitioner his 1st and 14th Amendment … |
| 19-6404 | Donald Lee Curtis v. Erik A. Hooks, Secretary, North Carolina Department of Public Safety | Fourth Circuit | 2019-10-29 | Denied | Response WaivedIFP | armed-robbery constitutional-rights criminal-procedure double-jeopardy due-process kidnapping statutory-conduct | whether second-degree kidnapping and Armed Robbery the Constitutional right of double Jeopardy upon Violate Convictions and Punishment for both offens… |
| 19-6413 | Ricky Langley v. Howard Prince, Warden | Fifth Circuit | 2019-10-28 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | acquittal ashe-v-swenson collateral-estoppel constitutional-law criminal-procedure double-jeopardy due-process habeas-corpus jury-verdict | Whether it is clearly established that a jury's failure to return a verdict, which is tantamount to an acquittal for double jeopardy purposes, will ha… |
| 19-6417 | Doran Wilburn Walker v. Texas | Texas | 2019-10-28 | Denied | IFP | constitutional-rights criminal-procedure criminal-procedure-sentencing cumulative-sentences double-jeopardy due-process oral-pronouncement-of-sentence presence-of-defendant sentencing statutory-authority trial-court-authority written-judgment | 1. If a trial court wishes to cumulate sentences, must it so order at the time and place that sentence is orally pronounced? See Grays v State, 291 S.… |
| 19-6359 | Stephen Nivens v. Maryland | Maryland | 2019-10-25 | Denied | IFP | administrative-hearing administrative-law correctional-services double-jeopardy due-process judicial-review sentencing-credits special-project-credits standing statutory-interpretation venue | 1.) Whether Judge Daniel P. Dwyer as the Administrative Judge was to preside over and hear Petitioner's hearing for Judicial Review instead of Judge B… |
| 19-6265 | Alex Knight v. United States | Eleventh Circuit | 2019-10-16 | Denied | IFP | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-trial sentencing sixth-amendment | Whether the Fifth and/or Sixth Amendments are violated when a district court increases a criminal defendant's sentence based upon conduct for which a … |
| 19-489 | Lawrence G. Hutchins, III v. United States | Armed Forces | 2019-10-15 | Denied | Response Waived | acquittal collateral-estoppel conspiracy criminal-charge criminal-charges criminal-procedure double-jeopardy issue-preclusion military-justice retrial | Whether the right under the Double Jeopardy Clause to the issue preclusive effect of an acquittal applies where precluded and un-precluded facts are a… |
| 19-6269 | Eduardo Romero Martinez v. United States | Fourth Circuit | 2019-10-15 | Denied | Response WaivedIFP | constitutional-law criminal-conduct double-jeopardy federal-court federal-government punishment sentencing supervised-release | Whether the Double Jeopardy Clause prohibits a federal court from revoking supervised release and sentencing someone based on criminal conduct for whi… |
| 19-6200 | Michael Scott Smith v. Florida | Florida | 2019-10-09 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | actual-innocence constitutional-claims criminal-procedure double-jeopardy due-process florida-statutes habeas-corpus indictment jurisdiction lesser-included-offenses post-conviction-relief procedural-default state-court statute-of-limitations statutory-interpretation | Can a State Court indict an accused on one of the tried crime merely being in the quise a theory of crime of the Florida Statutes. and each are comple… |
| 19-6203 | Eric Christopher Barrass v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-10-08 | Denied | IFP | chambers-v-mississippi constitutional-law double-jeopardy due-process federal-courts federal-review green-v-georgia habeas-corpus standard-of-review state-court-decision state-courts third-party-confession | 1. In light of Wilson v. Sellers, 584 U.S. __, 138 S. Ct. 1188 (2018), did the Eleventh Circuit err in applying 28 U.S.C. § 2254(d) to the state appel… |
| 19-6107 | Robert B. Ledbetter v. United States | Sixth Circuit | 2019-10-01 | Denied | Response WaivedIFP | conspiracy conspiracy-charges criminal-law criminal-sentencing double-jeopardy due-process fifth-amendment insufficient-evidence murder murder-conviction sufficiency-of-evidence | 1. Where the evidence is insufficient to convict on conspiracy and murder charges, can the defendant be convicted on those charges? And 2. Whether a… |
| 19-419 | Antonio L. Saulsberry v. Randy Lee, Warden | Sixth Circuit | 2019-09-27 | Denied | Response Waived | constitutional-law criminal-procedure double-jeopardy due-process habeas-corpus jury-trial precedent retrial sixth-amendment verdict | Whether this Court's precedent clearly establishes that the Double Jeopardy Clause bars retrial of a defendant on a charge that was submitted to a jur… |
| 19-6058 | Guy Philippe v. United States | Eleventh Circuit | 2019-09-25 | Denied | Response WaivedRelisted (2)IFP | case-analysis civil-procedure-standing constitutional-law criminal-procedure double-jeopardy due-process extradition international-law judicial-interpretation legal-precedent res-judicata standing | 1. Whether This Court's Conclusions in United States v. Rauscher, 119 U.S. 407 (1886), in Conjunction with W.S. Kirkpatrick & Co., Inc. v. Environment… |
| 19-6073 | Glen T. Jones, Jr. v. Mark S. Inch, Secretary, Florida Department of Corrections | Eleventh Circuit | 2019-09-25 | Denied | Response WaivedRelisted (2)IFP | appellate-review civil-rights constitutional-law criminal-procedure double-jeopardy due-process federal-procedure habeas-corpus harmless-error judicial-interpretation plain-error structural-error | 1) SUpEme COuRt ViEWS As to hAMlESSnES of ChAm ERRoR in stAtEcRimiNAl tal .foR puRpOSE of SubSEQuENt+ hAbEAS CORpUS REVEW UNd BeEChT v.AbRAhAMSON 507U… |
| 19-6051 | Hezekiah Whitfield v. Deanna Brookhart, Warden | Seventh Circuit | 2019-09-24 | Denied | Response WaivedIFP | corroborative-evidence criminal-procedure double-jeopardy due-process evidence evidence-restriction fourteenth-amendment sixth-amendment | Whether Peririoner Made A Substantial Showing Of The Denial Of His Sixth And Fourteenth Amendmenr Due Process Rights Where Pericioner Was Restricted F… |
| 19-5973 | Wilfred Warren Sheppard v. Texas | Texas | 2019-09-19 | Denied | Response WaivedRelisted (2)IFP | 5th-amendment 6th-amendment constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment habeas-corpus jury-trial sixth-amendment supreme-court-precedent united-states-constitution | (1.) Whether the Texas Criminal Court of Appeals has ruled in a manner which conflicts with the Fifth and Sixth Amendment of the U.S. Constitution. (… |
| 19-5987 | Ronald Richard Brown v. Washington | Washington | 2019-09-18 | Denied | Response WaivedIFP | constitutional-interpretation double-jeopardy due-process federal-sentencing-guidelines judicial-vindictiveness north-carolina-v-pearce presumption-of-vindictiveness reversed-convictions sentencing sentencing-guidelines sentencing-reform-act state-courts supreme-court washington-state | 1. Can the Washington State Courts refuse to adhere to this Courts holding in North Carolina v. Pearce? 2. Since Washington State's Sentencing Reform… |
| 19-5965 | Robert Jessie Hill v. Washington | Washington | 2019-09-17 | Denied | IFP | civil-rights collateral-consequences constitutional-rights criminal-procedure double-jeopardy due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense plea-bargaining plea-negotiations sentencing | (A). When a defendant pleads guilty to a charge, in addition to the "direct" and "collateral" consequences of the party does the Fourteenth Amendment … |
| 19-5872 | Philip Hugh Wentzel v. United States | Seventh Circuit | 2019-09-09 | Denied | Response WaivedIFP | appeal certificate-of-appealability collateral-review constitutional-rights conviction criminal-charge criminal-procedure double-jeopardy due-process jurisdiction sentencing sentencing-error | 1. Were petitioner's double jeopardy and due process rights violated by the sponte filing (at petitioner's sentencing) of an additional criminal charg… |
| 19-311 | Al Cannon, Sheriff, Charleston County, South Carolina v. Broderick William Seay, Jr. | Fourth Circuit | 2019-09-06 | Denied | Response RequestedResponse WaivedRelisted (9) | appellate-review deference double-jeopardy fact-finding federal-habeas manifest-necessity mistrial strict-scrutiny trial-court-deference trial-court-discretion | I. In review of a state decision under 28 U.S.C. § 2241, when a federal appellate court must determine if double jeopardy protection bars retrial afte… |
| 19-5846 | Joshua Eric Townley v. Texas | Texas | 2019-09-06 | Denied | IFP | appellate-procedure appellate-review constitutional-law constitutional-principles criminal-procedure double-jeopardy due-process judicial-discretion new-trial sua-sponte supremacy-clause trial-court trial-procedure | Whether a trial judge violates the Supremacy and Double Jeopardy Clauses of the United States Constitution once he grants an Order on motion for New T… |
| 19-5739 | Duane Pope v. Scott R. Frakes, Director, Nebraska Department of Correctional Services | Nebraska | 2019-08-29 | Denied | Response WaivedIFP | 14th-amendment 8th-amendment cruel-and-unusual-punishment double-jeopardy due-process ex-post-facto privileges-and-immunities separate-sovereigns separate-sovereigns-doctrine | The U.S. Supreme Court's recent affirmation of the "separate sovereigns" , 139 S.Ct. 1960 (2019), raises U.S. doctrine in Gamble v. U.S. , a number of… |
| 19-5754 | Charmar Brown v. United States | Eighth Circuit | 2019-08-29 | Denied | Response WaivedIFP | advisory-guidelines collateral-attack constitutional-challenge criminal-procedure cross-reference double-jeopardy due-process habeas-corpus magwood magwood-precedent sentencing sentencing-guidelines | Whether Magwood extended to challenges to the original undisturbed conviction, following a new judgment? Whether Murder Cross-reference U.S.S.G. 2D1.… |
| 19-5664 | Curtis Lee Sheppard, Jr. v. Texas | Texas | 2019-08-23 | Denied | Relisted (2)IFP | appeals appellate-review civil-procedure criminal-motivation criminal-procedure Does the application of the 'enterprise profits' t double-jeopardy due-process federal-prosecution jurisdiction pecuniary-gain rico-enterprise standing standing-issue statutory-interpretation vcar-statute | 1. IF THE TRIAL COURT LACKED JURTEDICTIOON DECTION TO SETTHE CONVECTION -JUDGMENT AEIDE AND DEEMISETHELAUSE. 2. THE TREAL COURT /THE COURT OF CREMONA… |
| 19-5677 | In Re Alonzo May | 2019-08-22 | Denied | IFP | 14th-amendment civil-commitment civil-rights constitutional-rights double-jeopardy due-process ex-post-facto fourteenth-amendment liberty-interest sovereign-power | 1. By what authority did you base your actions on when having the Petitioner confined at Texas Civil Commitment Center? 2. What evidence was relied u… | |
| 19-5644 | Keith Stuart Cumbee v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-08-21 | Denied | IFP | criminal-procedure does-judicial-confession double-jeopardy due-process due-process-clause fifth-amendment fourteenth-amendment habeas-corpus indigent-defendant judicial-confession legal-assistance legal-assistance-clause sixth-amendment without-prior-appointment-of-counsel without-waiver | Despite lower court COA denial, should this Court consider, or remand for consideration, habeas claims: a. Does judicial confession in this case, with… |
| 19-5659 | Anthony L. Viola v. Bradley Tate, Warden | Third Circuit | 2019-08-21 | Denied | Response WaivedRelisted (2)IFP | actual-innocence circuit-split double-jeopardy due-process habeas-corpus prosecutorial-misconduct simultaneous-prosecution | A federally funded, multi-jurisdictional Mortgage Fraud Task Force (Bureau of Justice Assistance Grant # 2009-SC-B9-0080) prosecuted 1,000 citizens, i… |
| 19-5660 | Alfonso Sanchez v. Pennsylvania | Pennsylvania | 2019-08-21 | Denied | IFP | circuit-split criminal-procedure double-jeopardy due-process fifth-amendment jury-verdict mistrial oregon-v-kennedy prosecutorial-misconduct reversal-of-conviction | Does the Double Jeopardy Clause bar retrial when a prosecutor's misconduct, committed for the purposes of diminishing a defendant's chance of acquitta… |
| 19-5643 | Raymont Wright v. United States | Third Circuit | 2019-08-20 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | double-jeopardy indictment-dismissal inherent-power inherent-power-of-courts judicial-integrity jury-deadlock mistrials prosecutorial-discretion prosecutorial-misconduct separation-of-powers trial-court-discretion trial-court-power | Whether a trial court possesses inherent power to dismiss an indictment with prejudice following serial mistrials for jury deadlock or whether the exe… |
| 19-5619 | Leonardo R. German v. Jerry Goodwin, Warden | Fifth Circuit | 2019-08-16 | Denied | IFP | competency constitutional-rights consular-assistance consulate-assistance criminal-procedure double-jeopardy due-process habeas-corpus mental-health miranda-rights sanity-hearing | 1) Did Mr. German possess a Constitutional right to a SANITY COMMISSION HEARING, after his new lawyer raised issues as to his competency prior to the … |
| 19-5570 | Walter Barton v. William Stange, Warden | Eighth Circuit | 2019-08-14 | Denied | IFP | 28-usc-2253 certificate-of-appealability circuit-split dissent double-jeopardy due-process federal-procedure habeas-corpus issue-being-raised judicial-review | Question One As to the violation of Mr. Barton's right to be free from double jeopardy whether the Eighth Circuit has imposed upon Mr. Barton an impr… |
| 19-5514 | In Re Charlene Terry-Ann Walker Rosa | 2019-08-08 | Dismissed | IFP | civil-rights double-jeopardy due-process equal-protection exculpatory-evidence ineffective-assistance-of-counsel ineffective-counsel jurisdiction public-defender wrongful-conviction | 1. Whother this Entine Cake hat resulted in a Wongu Lack of Knci ledge and underAanding g The Law, facts, Meles and Aatute constitute a centigy questi… | |
| 19-5479 | Gregory Waddell Hayes v. United States | Fourth Circuit | 2019-08-06 | Denied | Response WaivedIFP | civil-rights constitutional-law criminal-procedure double-jeopardy due-process federalism fifth-amendment precedent separate-sovereigns sovereign-immunity | Whether this Court should overrule the separate sovereigns exception to Double Jeopardy. |
| 19-5435 | Steven Eason v. Mississippi | Mississippi | 2019-08-02 | Denied | Response WaivedIFP | actual-innocence constitutional-rights criminal-procedure cruel-and-unusual-punishment double-jeopardy double-jeopardy-clause due-process jurisdiction sexual-battery subject-matter-jurisdiction | (LT) MISS isscppi, Colorado And Tuiinious All opanva thad ia Aa indeed men charg ing SEXsn| Battery , the Me Hod! of Achieving Serun] Penetratan is ir… |
| 19-5417 | Travis Wayne Bentley v. Oklahoma | Oklahoma | 2019-07-31 | GVR | Response RequestedRelisted (3)IFP | appeals civil-procedure criminal-procedure double-jeopardy due-process federal-courts federal-jurisdiction indian-law jurisdiction native-american-rights standing | (QldjJhtyutb &OTU& ' (fWM- 4 (tLocfyou) QkcIl^vv yrv, /M^/Jzh "I* r-j- yfyUnAMOA^ru^ ^uiL^v^PAcMMtdbL -o pjiJtinL j? 6j ll3 (jn^dkdh^ d!_ -fs S-kfp a… |
| 19-5422 | Michael A. Webb v. United States | Fifth Circuit | 2019-07-31 | Denied | Response WaivedIFP | adam-walsh-act adam-walsh-child-protection-and-safety-act constitutional-rights criminal-procedure criminal-prosecution double-jeopardy ineffective-assistance plea-agreement plea-bargaining sentencing sentencing-guidelines | Was petitioner, Michael A. Webb, subjective to ineffective assistance of counsel or deficient representation by defense counsel in a prosecution? Was… |
| 19-5369 | Willie Chambers v. Phil Hall, Warden | Georgia | 2019-07-29 | Denied | IFP | constitutional-rights double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel judicial-procedure multiplicitous-indictment post-conviction-relief presumption-of-innocence prosecutorial-misconduct reasonable-doubt right-to-fair-trial right-to-life-and-liberty state-court-review vindictive-prosecution | DID PETITIONER ASSERT A VALID CLAIM OF A CONSTITUTIONAL RIGHT TO COUNSEL WHERE COUNSEL'S ACTIONS FAILED TO ADEQUATELY TEST THE PROSECUTION'S CASE AND … |
| 19-126 | Gary A. Oram, Jr. v. City of Dillon, Montana, et al. | Ninth Circuit | 2019-07-26 | Denied | Response Waived | 42-usc-1985 civil-procedure civil-rights double-jeopardy due-process fair-trial judicial-resolution liability magistrate-jurisdiction private-citizen section-1985 standing | 1. Are the Courts able to find a judicial resolution in a §1985(3) claim against one private citizen, after all other individuals in the action are re… |
| 19-5363 | Richard Curtis v. Lyneal Wainwright, Warden | Ohio | 2019-07-26 | Denied | IFP | constitutional-law constitutional-violation criminal-procedure double-jeopardy due-process judicial-review merger sentencing void-for-vagueness | Whether separately imposed sentences prior to merge, constitutes multiple sentences in violation of the Double Jeopardy clause; and Whether this make… |
| 19-5301 | Aaron Orlando Richards v. Louisiana | Louisiana | 2019-07-25 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-interpretation criminal-procedure double-jeopardy due-process equal-protection first-degree-murder jury-trial jury-unanimity jury-verdict legislative-amendment non-unanimous-verdict prosecutorial-discretion unanimous-verdict | Did the appellate court err in its interpretation of Apodaca Bad Bertrand? In this first degree murder prosecution, the jury returned an eleven-to-one… |
| 19-5297 | Esterlin Appolon v. Arizona | Arizona | 2019-07-24 | Denied | IFP | civil-rights constitutional-claim criminal-procedure double-jeopardy due-process federal-law judicial-review jurisdiction post-conviction second-amendment sentencing standard-of-review state-court sufficiency-of-evidence unreasonable-application | Whether, Arizona Supreme Court abuse it's discretion by dismissing the Petition For Special action and Motion For Stay? Whether, the Superior court w… |
| 19-5248 | Garry Randall West v. Jason Bryant, Warden | Tenth Circuit | 2019-07-22 | Denied | Relisted (2)IFP | child-pornography double-jeopardy due-process fourth-amendment free-speech miranda-rights miranda-warnings right-to-privacy search-and-seizure suppression-of-evidence | 1. IN RE: PORNGRAPHIC MATERIAL: PORN. PORNGRAPHIC PICTURES AND IMAGES: A) Can a pornographic conviction of Possession of Child Pornography stand where… |
| 19-5223 | Bobby Minnis v. United States | Eleventh Circuit | 2019-07-19 | Denied | Response WaivedIFP | 18-usc-3582 criminal-procedure double-jeopardy due-process ex-parte-communication ex-parte-communications federal-sentencing judicial-discretion sentencing-modification state-sentencing | Whether a federal district judge can make the internally contradictory oral pronouncement that a federal sentence is to be served concurrent with one … |
| 19-5243 | Larry Marvel v. Delaware | Delaware | 2019-07-19 | Denied | Response WaivedIFP | constitutional-law constitutional-protection criminal-law criminal-offense double-jeopardy double-punishment due-process legislative-definition multiple-punishments sentencing state-prosecution statutory-interpretation | Where the State General Assembly legislatively defined in two separate statutes the same identical "conduct" for two criminal offenses mandating the s… |
| 19-5168 | Stephenson Lamar Smith v. Ted Jackson, et al. | Eleventh Circuit | 2019-07-15 | Denied | Response WaivedIFP | civil-rights constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment jurisdiction prosecutorial-misconduct standing | The prohibition against "double jeopardy" protect you from having the Same charge twice For the Same offense? |
| 19-5043 | Justin Panus v. Texas | Texas | 2019-07-05 | Denied | IFP | 14th-amendment constitutional-challenge criminal-procedure criminal-sentencing double-enhancement double-jeopardy due-process elemental-fact equal-protection offense-enhancement sentencing sentencing-enhancement | Whether it violates the 14th Amendment for the same elemental fact to be used as an element of on offense and also to enhance that offense to a greate… |
| 19-5066 | Jordon Louis Dongarra v. United States | Sixth Circuit | 2019-07-05 | Denied | Response WaivedRelisted (2)IFP | 18-usc-3161 constitutional-claims double-jeopardy due-process federal-court habeas-corpus ineffective-counsel jurisdiction plea-agreement prisoner-rights pro-se speedy-trial statutory-interpretation | 1) IF Your OriqNAl IndiCtmeNt is lAte ANd dismissed UNder 18 USC 316/A) qrantina the Ends oF Justice . Wher You Get A Second Irdictment When the First… |
| 19-37 | Matthew Freeman v. Texas | Texas | 2019-07-03 | Denied | acquittal constitutional-rights criminal-procedure double-jeopardy due-process fourteenth-amendment judgment-of-acquittal successive-prosecution successive-prosecutions | Whether placing the Petitioner in a position to be twice tried for the same offense after a judgment of acquittal violates Petitioner's constitutional… | |
| 19-5027 | Eddie David Cox v. United States | Eighth Circuit | 2019-07-01 | GVR | IFP | criminal-procedure criminal-procedure-rehaif-v-united-states,sentenci double-jeopardy eighth-circuit guidelines-calculation procedural-error rehaif-standard rehaif-v-united-states resentencing section-2241 sentencing sentencing-review | 1. Should the Court GVR the judgment of the Eighth Circuit so the appeals court may consider, in the first instance, whether Cox is entitled to relief… |
| 19-3 | Ryan Begay v. New Mexico | New Mexico | 2019-06-28 | Denied | Response RequestedResponse WaivedRelisted (2) | blockburger-test blockburger-v-united-states constitutional-protection double-jeopardy due-process fourteenth-amendment reckless-abuse reckless-child-abuse self-defense | 1. Whether the "same elements" test articulated in Blockburger v. United States, 284 U.S. 299 (1932), adequately protects in dividuals from multiple p… |
| 18-9836 | Dwight Brown v. United States | Fourth Circuit | 2019-06-27 | Denied | Response WaivedIFP | allen-charge coercion coercive-instruction criminal-procedure double-jeopardy due-process judicial-discretion jury-deliberation jury-deliberations mistrial verdict-review | 1. In the case below, the district court, upon motion by one defense counsel, granted a mistrial after a jury had been deadlocked and an Allen charge … |
| 18-9783 | Nasser Ghelichkhani v. United States | Eleventh Circuit | 2019-06-25 | Denied | Response WaivedRelisted (2)IFP | constitutional-validity coram-nobis criminal-procedure double-jeopardy due-process fundamental-error fundamental-rights guilty-plea immigration immigration-consequences plea-bargaining | 1-Whether a conviction, with tremendous adverse consequences, is constitutionally valid, when it is obtained through a plea (that does not waive appea… |
| 18-9741 | Quintin Irving Brown v. City of Richmond, Virginia | Virginia | 2019-06-20 | Denied | Response WaivedRelisted (2)IFP | criminal-procedure double-jeopardy due-process ineffective-assistance-of-counsel judicial-misconduct misdemeanor-reduction probation-violation prosecutorial-misconduct speedy-trial void-judgment | I. WHEN A TRIAL OCCURS OVER A DEFENDANT'S EXPRESSED OBJECTIONS TO A VIOLATION OF THAT STATE'S STATUTORY RIGHT TO SPEEDY TRIAL—WITH THAT CONVICTION BE … |
| 18-9725 | Jose Munoz v. United States | Second Circuit | 2019-06-19 | Denied | Response WaivedIFP | 5th-amendment constitutional-vagueness crime-of-violence criminal-law criminal-law-procedure double-jeopardy due-process evidentiary-rule hobbs-act sentencing sentencing-enhancement vagueness | Whether the definition of "crime of violence" in 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague. Whether a Hobbs Act robbery is categorically a… |
| 18-9686 | Bobby Bordelon v. Texas | Texas | 2019-06-17 | Denied | Response WaivedIFP | appellate-conflict constitutional-issue criminal-procedure double-jeopardy fifth-amendment habeas-corpus manifest-necessity mistrial mistrial-standard texas-courts | There are three reasons petitioner contends that this Court should grant certiorari of this federal constitutional issue regarding whether the Fifth A… |
| 18-9681 | Tracey Godfrey v. United States District Court for the District of Montana | Ninth Circuit | 2019-06-14 | Denied | IFP | criminal-procedure double-jeopardy due-process fifth-amendment montana-supreme-court sentencing statutory-interpretation | MONTANA SUPREME COUT IMPOSOD A 10 VEAR SONTENCE DURSUANT D0 MCA 46-18-SO2. ON OCT 16T LO13 TH8 21ST JUICDAL DITRICT COURT, RAMAI CO.MT., IMPOSED A GO … |
| 18-9654 | Carl Javan Ross v. United States | Fourth Circuit | 2019-06-13 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment civil-rights criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process public-trial public-trial-rights self-incrimination speedy-trial | Question not identified. |
| 18-9636 | Donald Furtys v. Florida | Florida | 2019-06-12 | Denied | Response WaivedIFP | 5th-amendment artificial-intelligence automated-technology criminal-conviction double-jeopardy due-process fifth-amendment video-voyeurism | Whether the Fifth Amendment Double Jeopardy Clause bars multiple convictions of video voyeurism stemming from a camera that has new automated technolo… |
| 18-9638 | Jose Luis Barboza, Jr. v. Texas | Texas | 2019-06-12 | Denied | IFP | civil-rights constitutional-rights criminal-procedure double-jeopardy due-process evidence-tampering free-speech gang-membership patent prosecutorial-misconduct sentencing-guidelines standing trial-fairness | for a new judge in the trial do to the fact that there was no proff ot that Statment from defendant. also defendant was charged in a dubble jeopardy … |
| 18-9642 | Jeffrey Benton v. United States | Second Circuit | 2019-06-12 | Denied | Response WaivedIFP | appeal class-v-united-states criminal-procedure direct-appeal double-jeopardy face-of-the-record guilty-plea indictment united-states-v-broce waiver-of-rights | 1. Whether in light of Class v. United States, 138 S.Ct. 798 (2018), a defendant who enters an unconditional guilty plea and waives appeal, yet wishes… |
| 18-9570 | Cody Joseph Morgan v. Texas | Texas | 2019-06-07 | Denied | IFP | appeal double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel judicial-vindictiveness north-carolina-v-pearce retrial sentencing sentencing-package texas-v-mccullough | Did Texas v. McCullough, 475 U.S. 134 (1986) create a brightline rule that anytime a jury returns a sentencing verdict at the original trial it become… |
| 18-9576 | Alvin Weekly v. United States | Eighth Circuit | 2019-06-06 | Denied | Response WaivedIFP | actual-innocence blockburger-v-united-states cruel-and-unusual-punishment double-jeopardy eighth-amendment extraordinary-circumstances rule-60(b) rule-60b sentencing-review | 1. Does the Court of Appeals commit clear error when declining to hear a defendant's claim of serving an unlawful sentence in violation of the Constit… |
| 18-9512 | Kenneth Roshaun Reid v. United States | Fourth Circuit | 2019-06-05 | Denied | Response WaivedIFP | criminal-conspiracy criminal-culpability double-jeopardy dry-conspiracy due-process guilt indictment jury reasonable-foreseeability subject-matter-jurisdiction | What is the Jury to finding in order to establish guilty Criminal Culpability in all Drug Conspiracy crimes? Answer! is the drug quantity to each defe… |
| 18-9524 | Michael Deangelo Lowery v. Rick Whitten, Warden | Tenth Circuit | 2019-06-03 | Denied | IFP | aedpa civil-rights double-jeopardy due-process habeas-corpus ineffective-assistance-of-counsel investigative-report rehabilitation | Dres e claim of Doubke Teopardy tll AEDPA as a Miscrringe ofin double jeo pardy violation s plain on the faeof the iceusatony instument? is Does a Co… |
| 18-9478 | David Rothenberg v. Florida | Florida | 2019-05-30 | Denied | Response WaivedIFP | affidavit constitutional-rights criminal-procedure double-jeopardy due-process mens-rea plea-bargaining probable-cause probable-cause-affidavit probation prosecutorial-misconduct | 1. Is the use by the presecutor of a "probable cause affidavit" containing averments contradictory to the alleged victim's own sworn statement to char… |
| 18-9484 | Paris Taylor v. Illinois | Illinois | 2019-05-30 | Denied | IFP | constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment fourteenth-amendment state-constitution trial-court | Whether Petitioner was denied his constitutional rights to due process of law guaranteed by the Fifth and Fourteenth Amendments of the United States C… |
| 18-9487 | Willie Lee Johnson v. Brad Cain, Superintendent, Snake River Correctional Institution | Ninth Circuit | 2019-05-30 | Denied | Response WaivedIFP | burden-of-proof civil-rights constitutional-rights criminal-procedure double-jeopardy due-process effective-assistance-of-counsel judicial-interpretation jury-selection legal-ethics oregon-state-bar presumption-of-innocence | QUESTION No. 1: Did the Ore. State Bar and the Ore. Supreme Court's Chief Justice's approved adoption of the Bar American Association's Model Rules of… |
| 18A1243 | Douglas Prade v. Ohio | Ohio | 2019-05-30 | Presumed Complete | criminal-procedure dna-evidence double-jeopardy ohio-supreme-court post-conviction retrial | Question not identified. | |
| 18-9394 | Ward T. Evans v. Delaware | Delaware | 2019-05-23 | Denied | Response WaivedIFP | constitutional-challenge constitutionality-of-statute criminal-law criminal-offenses criminal-procedure criminal-statute double-jeopardy due-process in-forma-pauperis indictment indictment-counts statutory-interpretation three-strike-rule three-strikes-law | Whether Delaware's 11 Del. Crim. C. sec. 773(2) as it was written when Petitioner was charged and convicted, define three distinct and separate crimin… |
| 18-9367 | Michael F. Ramsey v. New York | New York | 2019-05-22 | Denied | Response WaivedIFP | consecutive-punishment consecutive-sentences criminal-possession criminal-sentencing double-jeopardy firearm-law intent-of-legislature johnson-v-morgenthau judicial-precedent legislative-intent misapplied-decisions penal-law single-continuous-possession weapon-possession | New York's highest court has distinguished criminal possession of a weapon with the intent to use element, Penal Law § 265.03, from other weapon posse… |
| 18-9356 | Robert Joe Long v. Mark S. Inch, Secretary, Florida Department of Corrections | Florida | 2019-05-20 | Denied | IFP | constitutional-rights cruel-and-unusual-punishment death-penalty double-jeopardy due-process eighth-amendment eighth-amendment-jurisprudence evolving-standards-of-decency mental-illness | 1. Whether an individual who suffers from severe mental illness is exempt from execution under the Eighth Amendment and the evolving standards of dece… |
| 18A1199 | Gregory Waddell Hayes v. United States | Fourth Circuit | 2019-05-20 | Presumed Complete | constitutional-protection criminal-conviction double-jeopardy federal-statute fifth-amendment supervised-release | Question not identified. | |
| 18-9281 | Randy Burke v. Diane Prosper, Acting Warden, et al. | Virgin Islands | 2019-05-15 | Denied | IFP | 6th-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure cross-examination double-jeopardy due-process evidence evidence-law expert-testimony ineffective-assistance jury-instructions right-to-confrontation trial-counsel | INEFFEcTiVE ASSisTANCE OF COSEL is A 6AMENdMENT RiGHT ViolaTiON WItNES BEATRCE RENCE WHN TRiA COUNSEL EWTHAt is Cien RDBuRKE HAVE THE RigHT To bE CON… |
| 18-9258 | Bernard Roosevelt Shaw v. United States | Sixth Circuit | 2019-05-14 | Denied | Response WaivedRelisted (2)IFP | carjacking crime-of-violence criminal-law double-jeopardy due-process fifth-amendment sentencing statutory-interpretation vagueness vagueness-challenge | "Whether the lower court(s) erred in its interpretation as to the "vagueness challenge" of Section §924(c)(3)(B), and the meaning as to what is consid… |
| 18-9243 | Chima Edozie Aligwekwe v. United States | Eleventh Circuit | 2019-05-13 | Denied | Response WaivedIFP | acquittal double-jeopardy due-process judicial-discretion jury-trial restitution sentencing sixth-amendment | Whether the right to a jury trial as guaranteed by the Sixth Amendment is violated when a district court increases the defendant's prison sentence and… |
| 18-9231 | Matthew Leachman v. Texas | Texas | 2019-05-10 | Denied | Response WaivedIFP | constitutional-interpretation continuing-jeopardy criminal-procedure double-jeopardy due-process felony-conviction indictment indictment-strategy retrial retrial-rights | In a retrial comprising "continuing jeopardy," where the original felony conviction has been overturned, may a State break the original indictment int… |
| 18-9189 | Vernell Conley v. Wendy Kelley, Director, Arkansas Department of Correction | Arkansas | 2019-05-08 | Denied | Response WaivedIFP | constitutional-law criminal-procedure double-jeopardy drug-offense due-process evidence hicks-v-oklahoma jury jury-trial sentencing | PETITIONER WAS CONVICTED OF THREE DRUG OFFENSES AND SENTENCED BY THE JURY TO A TOTAL TERM OF 90 YEARS. THE ARKANSAS SUPREME COURT FOUND INSUFFICIENT E… |
| 18-9194 | Noah Espada v. Texas | Texas | 2019-05-08 | Denied | IFP | brady-violation constitutional-law criminal-procedure death-penalty double-jeopardy due-process federal-law perjury reversal | Whether a Brady violation, that results in the reversal of a death sentence because of perjury stemming from the Brady violation, implicates the Doubl… |
| 18-1396 | Dereck Pelletier v. Wendy Kelley, Director, Arkansas Department of Correction, et al. | Arkansas | 2019-05-06 | Denied | Response Waived | criminal-law double-jeopardy double-jeopardy-clause due-process fifth-amendment fourteenth-amendment multiplicity retroactivity statutory-construction statutory-interpretation unit-of-prosecution | A citizen of another state received a three-hundred-year sentence for sending, in one transaction, a single computer file containing thirty (30) image… |
| 18-9119 | Kirby Gardner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-05-03 | Denied | IFP | appellate-procedure constitutional-law criminal-procedure custody-control double-jeopardy double-jeopardy-clause evidence full-faith-and-credit-clause full-faith-credit judicial-review liberty-interest parole prosecution re-imprisonment retrospective-forfeiture statutory-interpretation | #1: WHETHER THE FULL,FAITH, CREDIT CLAUSE : DOUBLE JEOPARDY CLAUSE PROHIBITS THE STATE OF TEXAS FROM REPROSECUTING : REIMPRISONING MODI SON JO I SO YH… |
| 18-9134 | Joe Clopton v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-05-03 | Denied | Relisted (2)IFP | amending-indictment brady-violation burden-of-proof child-support cps-records criminal-procedure defense-strategy double-jeopardy due-process effective-assistance-of-counsel exculpatory-evidence false-allegations grand-jury ineffective-assistance lesser-included-offense medical-records nolo-contendere plain-error sixth-amendment social-worker-testimony | I. WHY WAS THE MEDICAL RECORDS NEVER INTRODUCED INTO EVIDENCE? 2. WHY WAS PETITIONER DENIED EFFECTIVE ASSIST. OF COUNSEL? A VIOLATION OF SIXTH AMENDM… |
| 18-9113 | Glen Moore v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-05-02 | Denied | IFP | access-to-courts double-jeopardy due-process liberty-interests parole parole-revocation retroactive-law retroactive-punishment standing | 1.) Do The Texas Board Of Parole have the Constitutional authority to Change Laws oR to Enforce a Law without due Process of the Law. 2.) Why can't a… |
| 18-1369 | James Bradley Anderson v. Washington | Washington | 2019-05-01 | Denied | bill-of-particulars criminal-procedure double-jeopardy due-process ineffective-assistance jury-instructions pre-trial-notice prosecutorial-discretion | Must the particulars of each count of an information be specified prior to trial, or can a prosecutor be allowed to match alleged acts to the counts i… | |
| 18-1359 | William Shannon Gresham v. Tennessee | Tennessee | 2019-04-29 | Denied | Response Waived | acquitted-conduct criminal-procedure double-jeopardy due-process jury-trial sentencing sentencing-enhancement sixth-amendment sufficiency-of-evidence | (1) Whether a trial court may use acquitted conduct by a jury that rejected the State's proof on a particular issue in order to enhance a defendant's … |
| 18-8983 | Patrick Edwards v. United States | Seventh Circuit | 2019-04-24 | Denied | Response WaivedIFP | criminal-law criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process eighth-amendment fifth-amendment retroactivity sentencing statutory-interpretation | Question not identified. |
| 18-8969 | Ronald Lunsford, Jr. v. Indiana | Indiana | 2019-04-23 | Denied | IFP | criminal-procedure double-jeopardy effective-assistance-of-counsel fourteenth-amendment guilty-plea indiana-constitution ineffective-assistance-of-counsel motion-to-dismiss sixth-amendment | Whether the State of Indiana erred in denying Appellant was deprived of effective assistance of counsel in violation of the Sixth and Fourteenth Amend… |
| 18-8895 | Kevin Watkins v. Massachusetts | Massachusetts | 2019-04-18 | Denied | Response WaivedIFP | appellate-counsel civil-rights conflicted-jurors conflicts-of-interest criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel jury-selection open-trial | Is a defendant's right to an open trial violated when an attorney observing the trial and was asked to assist with defendant's appeal, was barred from… |
| 18-8851 | Lester James Smith v. Georgia | Georgia | 2019-04-17 | Denied | Response WaivedIFP | attempt-to-elude criminal-procedure double-jeopardy double-punishment due-process equal-protection evidence-collection federalism investigative-techniques law-enforcement probable-cause prosecutorial-misconduct sentencing single-incident single-jurisdiction | M. Smith alleges that the State of Geargia has illeggally sentenced him to 25 years for five counts Single incident, and a single jurisdiction for pro… |
| 18-8833 | Shea Pascal Dease v. Virginia | Virginia | 2019-04-16 | Denied | Response WaivedIFP | civil-rights conviction criminal-procedure double-jeopardy due-process elements felon-in-possession jurisdiction notice second-amendment | Question not identified. |
| 18-8853 | Cameron Brown v. California | California | 2019-04-16 | Denied | IFP | constitutional-rights court-proceedings double-jeopardy due-process jury-instructions jury-verdict lesser-included-offenses mistrial prosecutorial-misconduct trial-transcript | Is the defendant illegally/wrongfully convicted due to double jeopardy violation? Is it a due process violation and/or a double jeopardy violation to… |
| 18-8861 | Allen Louis Dorsey, Sr. v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-04-16 | Denied | Response WaivedIFP | charging-documents charging-information confidential-informant confidential-informants controlled-substances criminal-procedure discovery double-jeopardy due-process prosecutorial-discretion substance-sale | 1. Can a citizen be convicted of the uncharged crime of selling a Controlled Substance to Police Confidential Informant (C. I. #884902), but be charge… |
| 18-8828 | Dante Overby v. Pennsylvania | Pennsylvania | 2019-04-15 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure double-jeopardy due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel overreach plea-bargaining speedy-trial | DOES THE GUILTY PLEA INDUCED BY AN "ILLUSORY PROMISE" VIOLATE THE 6th AMENDMENT? WHERE THE GUILTY PLEA WAS RULED INVOLUNTARY, BUT THE COURT FAILED TO… |
| 18-8791 | Danny D. Bissonette v. Robert Dooley, Warden, et al. | Eighth Circuit | 2019-04-11 | Denied | Response WaivedIFP | criminal-jurisdiction double-jeopardy due-process federal-habeas federal-indian-law habeas-corpus indian-law prosecutorial-jurisdiction state-sovereignty treaty-rights tribal-sovereignty | 1. Did the Seventh Judicial Circuit Court of Pennington County. South Dakota error when it failed to set-aside the Judgment of Conviction, once it was… |
| 18-8733 | Russell T. McElvain v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-04-10 | Denied | IFP | civil-rights criminal-procedure double-jeopardy due-process equal-protection federalism self-incrimination statutory-interpretation | I. Can a state enact a statute that combines the use of older, established statates as the ways and means to commit the new statutes crimne, thereby e… |
| 18-8767 | Antonio Slaton v. United States | Eleventh Circuit | 2019-04-10 | Denied | Response WaivedIFP | alford-plea criminal-procedure double-jeopardy due-process evidence evidence-of-innocence federal-procedure federal-sentencing federal-supervised-release revocation-hearing supervised-release | Whether a state conviction entered via an Alford plea creates an irrebuttable presumption such that a defendant in a federal supervised release revoca… |
| 18-8777 | Salim Abdu Gould v. North Carolina | North Carolina | 2019-04-10 | Denied | Response WaivedIFP | admissibility-of-evidence criminal-procedure double-jeopardy due-process indictment ineffective-assistance-of-counsel self-representation subject-matter-jurisdiction | I. Did Trial Counsel Error in Denial of Pretrial Motions Prose Before the Appointment of Counsel? If Motions Entertained Pro Se, Does Petitioner bear … |
| 18-8778 | Fred Huffman v. Dana Metzger, Warden, et al. | Third Circuit | 2019-04-10 | Denied | Response WaivedIFP | americans-with-disabilities-act constitutional-amendment criminal-procedure double-jeopardy due-process equal-justice ex-post-facto-law judicial-vindictiveness redress-of-grievance retroactive-sentencing time-bar | Absent a constitutional amendment promulgated by the U.S. Congress, under what circumstances {if any} does a legislative body have a lawful right to a… |
| 18-1283 | Joseph Montano v. Texas | Fifth Circuit | 2019-04-10 | Denied | Response Waived | consent consent-requirement cross-examination double-jeopardy fifth-amendment fifth-amendment-privilege judicial-discretion mistrial oregon-v-kennedy plain-error united-states-v-olano | If the underlying reason for a sua sponte declaration of mistrial was in plain error, does Olano v. United States override the consent requirement of … |
| 18-1282 | David Lee Sanders v. Alabama | Alabama | 2019-04-09 | Denied | Response Waived | constitutional-rights criminal-procedure double-jeopardy due-process illegal-plea plea-agreement plea-bargaining probation reversal sentencing speedy-trial | 1. Whether a criminal defendant who pleads guilty pursuant to a negotiated plea agreement and serves a five-year, split sentence, which is subsequentl… |
| 18-8762 | Jason Curtis Brown v. United States | Sixth Circuit | 2019-04-09 | Denied | Response WaivedIFP | 6th-amendment constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment indictment remand standing superceding-indictment superseding-indictment | WHETHER S FIFTH. AMENDMENT RIGHT TO DOUBLE JEOPARDY, DUE PROCESS AND THE EXPRESSED TERMS OF THE 6TH CIR. COURT OF APPEALS LIMITED REMAND ORDER WERE VI… |
| 18-8688 | Frederick A. McShan v. United States | Sixth Circuit | 2019-04-04 | Denied | Response WaivedIFP | civil-rights constitutional-provisions criminal-procedure double-jeopardy due-process fundamental-rights ineffective-assistance-of-counsel judicial-misconduct judicial-review legal-interpretation procedural-rights record statutory-provisions | strict District court Error put The Appellant 2e yeopardy for The same charge? Lawyer's objected to the Repolling? violated the Appellant Rights the D… |
| 18-8699 | Marckenson Chery v. United States | Eleventh Circuit | 2019-04-04 | Denied | Response WaivedIFP | 18-usc-2422b criminal-offense criminal-offense-element double-jeopardy fifth-amendment indictment sixth-amendment statutory-interpretation | Whether an indictment for violation of 18 U.S.C. § 2422(b) must identify the ''criminal offense'' element in order to meet the required nature of the … |
| 18-8512 | DaRen Kareem Gadsden v. United States | Fourth Circuit | 2019-03-22 | Denied | Response WaivedIFP | criminal-procedure double-jeopardy due-process judicial-integrity judicial-proceedings multiplicitous-sentence plain-error remand rosales-mireles-standard sentencing sentencing-review substantial-rights | In light of Rosales-Mireles v. United States, 138 S.Ct. 1897, 201 L. Ed. 2d 376 (2018), which, states, "[{fJailure to correct plain error that affecte… |
| 18-8456 | Roberto Miramontes Roman v. United States | Tenth Circuit | 2019-03-19 | Denied | IFP | 18-USC-924(c)(1)(A) acquittal conviction criminal-procedure double-jeopardy Double-Jeopardy-Clause drug-trafficking due-process federal-prosecution Firearm-Possession firearm-statute Prosecution state-court-acquittal state-federal-prosecution statutory-interpretation | 1. Did it violate the Double Jeopardy Clause for the United States to prosecute Mr. Roman for the same offense and conduct for which he was acquitted … |
| 18-8459 | Wayne A. Bisso v. Florida | Florida | 2019-03-19 | Denied | Response WaivedIFP | 14th-amendment blockburger-test common-law-marriage double-jeopardy due-process due-process-clause estate-inheritance fifth-amendment fourteenth-amendment grand-theft property-rights | Whether the Due Process Clause of the Fourteenth Amendment protects a surviving spouse, who is factually and actually innocent, from being convicted a… |
| 18-8463 | Douglas A. Dyer v. United States | Sixth Circuit | 2019-03-19 | Denied | Response WaivedIFP | appellate-review circuit-court civil-procedure civil-remedy criminal-procedure double-jeopardy kokesh-v-sec sec sec-disgorgement sixth-circuit supreme-court-interpretation | I. Whether the United States Court of Appeals for the Sixth Circuit erred in determining that the United States Supreme Court case of Kokesh v. SEC, 1… |
| 18-8391 | Nam Nhat Ngo v. United States | Ninth Circuit | 2019-03-12 | Denied | Response WaivedIFP | bank-robbery categorical-approach circuit-split criminal-definition criminal-law double-jeopardy due-process federal-jurisdiction judicial-discretion legal-interpretation sentencing statutory-construction statutory-interpretation sufficiency-of-evidence | Can the courts of appeals define the crime of federal bank robbery differently for purposes of a sufficiency-of-the-evidence challenge than for a cate… |
| 18-8285 | Miguel Martinez v. Texas | Texas | 2019-03-05 | Denied | IFP | mistrial objective-facts oregon-v-kennedy prosecutorial-intent subjective-beliefs wheeler-factors criminal-procedure double-jeopardy due-process mistrial oregon-v-kennedy prosecutorial-intent wheeler-factors | This Court held in Oregon v. Kennedy that the only time a defendant who successfully moves for a mistrial may later bar retrial is when he can prove t… |
| 18-8246 | In Re Dennis D. Jackson | 2019-03-04 | Denied | Relisted (2)IFP | civil-rights double-jeopardy due-process habeas-corpus ineffective-assistance-of-counsel liberty-interest speedy-trial | 1. WHETHER PETITIONER'S 5th AND 14th AMEND. U.S. CONST. RIGHTS AND U.S. FEDERAL LAW AS SET FORTH BY U.S. SUPREME COURT PRECEDENCE BE IMMEDIATELY DISCH… | |
| 18-8173 | Ruben R. Herrera v. Brandon Price | Ninth Circuit | 2019-02-28 | Denied | Response WaivedRelisted (2)IFP | 5th-amendment arbitrary-and-capricious civil-rights collateral-estoppel double-jeopardy due-process fifth-amendment fourteenth-amendment plea-agreement pre-trial-detention | CLAIMS FOR RELIEF A. CLAIM ONE: PETITIONER'S PRE-TRIAL DETENTION AGAINST HIS FIFTH AND AND FOURTEENTH AMENDMENT RIGHT AGAINS DOUBLE JEOPARDY. Becaus… |
| 18-8138 | Joseph Hughes v. Dan Schnurr, Warden | Kansas | 2019-02-27 | Denied | IFP | acquittal acquittal-implications civil-rights constitutional-rights criminal-procedure double-jeopardy due-process second-prosecution sex-offender-management sexual-offender sexual-offender-registration state-authority | How can the State of Kansas manage me as a sexual offender when I was found acquitted of rape by a jury? Furthermore, the State of Kansas wasn't able … |
| 18-8141 | Brian Taylor v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-02-26 | Denied | IFP | abuse-of-discretion alibi-witness civil-rights constitutional-rights criminal-procedure double-jeopardy due-process evidence ineffective-assistance prosecutorial-misconduct trial trial-counsel | 1 - HAS TRIAL COUNSEL INEFFECTIVE FOR NOT CALLING ALIPI WITNESS? P. WAS TRIAL COUNSEL INEFFECTIVE FOR VIOLATING PETITIONERS OLIE PROSSEE OF LAW PUY N… |
| 18-8123 | In Re Ronnie Lee Fagan | 2019-02-25 | Denied | Response WaivedIFP | acquittal constitutional-rights criminal-procedure criminal-trial defense-counsel double-jeopardy mistrial right-to-counsel sixth-amendment | QUESTION ONE Whether the trial court's exclusion of defense counsel when the grounds for mistrial were being considered: (a) denied the defendant an … | |
| 18-8075 | Godwin Oriakhi v. United States | Fifth Circuit | 2019-02-22 | Denied | Response WaivedIFP | appellate-procedure double-jeopardy fifth-amendment ineffective-assistance-of-counsel lafler-v-cooper plain-error plain-error-review plea-bargaining pro-se-filing strickland-v-washington | Whether Lafler v. Cooper is violated when trial counsel advises a defendant to enter a guilty plea to an indictment that, on its face, violates the Fi… |
| 18-7961 | David Martinko v. New Hampshire | New Hampshire | 2019-02-14 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | absurdity-doctrine battery battery-continuous-course-of-conduct continuous-course-of-conduct criminal-offense criminal-offenses criminal-offenses-absurdity-doctrine-legislative-s criminal-procedure double-jeopardy due-process judicial-review legal-doctrine legislative-supremacy statutory-interpretation | I. Should the "Absurdity Doctrine" be limited or abandoned in criminal offenses altogether in order to protect legislative supremacy? II. When states… |
| 18-7945 | Carl Allen Watts v. Michigan | Michigan | 2019-02-13 | Denied | Relisted (2)IFP | appeal appeals appellate-review civil-rights constitutional-question criminal-procedure double-jeopardy due-process equal-protection judicial-bias legal-standard michigan-court-of-appeals procedural-conflict standing | WHETHER THE MICHIGAN COURT OF APPEALS DECISION TO REVERSED AND REMANDED FOR A NEW TRIAL IN TWO SIMILARLY SITUATED CASES AS PETITIONERS CASE, CONFLICT … |
| 18-7912 | Eriese Alphonso Tisdale v. Florida | Florida | 2019-02-12 | Denied | IFP | 14th-amendment 5th-amendment 6th-amendment 8th-amendment constitutional-law constitutional-rights death-penalty double-jeopardy due-process jury jury-vote statutory-amendment statutory-interpretation | 1. Whether the Florida Supreme Court's failure to apply a statutory amendment, Chapter 2016-13, Laws of Florida, which required a vote of no less than… |
| 18-7928 | Gilbert Carrasco v. United States | Ninth Circuit | 2019-02-12 | Denied | Response WaivedIFP | abney-rule appeal bail bail-denial criminal-procedure district-court-jurisdiction double-jeopardy due-process habeas-corpus jurisdiction notice-of-appeal | Was U.S. District Court, (S.D. Cal.) divested of jurisdiction because of Abney rule - to hail Defendant to trial - once Petitioner's timely Notice of … |
| 18-7934 | Seaun Llwellyn Farthing v. Dara Watson, Warden | Fourth Circuit | 2019-02-12 | Denied | Relisted (2)IFP | criminal-procedure double-jeopardy due-process federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense perjury prior-conviction prosecutorial-misconduct statutory-burglary witness-testimony | Under Jackson v. Virginia 443 U.S. 307 (U.S.Va.1979) Was trial counsel ineffective for failing to prevent the prosecuting attorney of Newport News, Va… |
| 18-7879 | Clayton D. Colkley v. Maryland | Maryland | 2019-02-11 | Denied | IFP | 5th-amendment appeal appeals appellate-review constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process jurisdiction motion-to-dismiss trial-court trial-court-jurisdiction | 1. DID THE COURT OF SPECIAL APPEALS OF MARYLAND ERR IN AFFIRMING TRIAL COURT'S DENIAL OF DEFENDANT'S MOTION TO DISMISS ON THE GROUND OF DOUBLE JEOPARD… |
| 18-7830 | Rheuben Johnson v. Kansas | Kansas | 2019-02-07 | Denied | Response WaivedIFP | blockburger-test constitutional-interpretation double-jeopardy multiplicity same-offense schoonover-test single-statute unit-of-prosecution | Question 1. To determine "same offense" in a single-statute case, regarding multiplicity that affects double jeopardy, does the directive set forth by… |
| 18-7753 | Joel Marvin Munt v. Minnesota | Minnesota | 2019-02-05 | Denied | Response WaivedIFP | constitutional-law criminal-procedure double-jeopardy due-process judicial-review rules-of-construction separation-of-powers statutory-interpretation | Did MN Supreme Court violate Separation of Powers? Did MN Supreme Court's interpretation of Minn.Stat. § 590 and Minn.R.Crim.P. 27.03 unconstitutiona… |
| 18-7778 | Mikhail Zemlyansky v. United States | Second Circuit | 2019-02-05 | Denied | Response WaivedIFP | collateral-estoppel criminal-procedure double-jeopardy evidence-reintroduction health-care-fraud jury-acquittal jury-trial prosecutorial-strategy RICO rico-conspiracy | Government prosecutors strategically decided to subdivide their prosecution of petitioner's ongoing New York city enterprise into two parts. The first… |
| 18-7714 | Anthony Grandison v. Maryland | Maryland | 2019-02-01 | Denied | Response WaivedIFP | blockburger-test common-law-murder commutation cumulative-punishment double-jeopardy double-jeopardy-clause due-process felony-murder handgun-use jury-instructions legislative-intent merger-of-offenses non-merger-rule prosecutorial-discretion required-evidence-test sentencing statutory-construction statutory-offenses | I. Whether the Maryland Court of Appeals erred in holding in light of Missouri v. Hunter convictions for common law first degree murder did not merger… |
| 18-7721 | Laron Darrell Carter, aka Birdd, aka Gardena Pimpin Birdd, aka Garr Birdd, aka Pi Birdd, aka Pi Pimpin Birdd v. United States | Ninth Circuit | 2019-02-01 | Denied | Relisted (2)IFP | criminal-procedure double-jeopardy dual-sovereignty-doctrine federal-prosecution prejudice prejudice-showing rule-48(b) rule-48b separate-sovereign-doctrine separate-sovereign-exception state-prosecution | In Gamble v. United States, 138 S. Ct. 2707 (2018), this Court is considering whether the separate sovereign exception to the Double Jeopardy Clause s… |
| 18-7665 | Robert Tommy Garrett v. California | California | 2019-01-30 | Denied | IFP | appellate-review constitutional-provision double-jeopardy due-process judicial-review jury-trial legal-interpretation lesser-included-offense multiple-convictions multiple-punishments procedural-issue statutory-provision | Appellant submits that the Trial Court's erroneous failure to instruct the jury on the lesser included offense of attempted criminal threat deprived h… |
| 18-7675 | Eric Hayes v. United States | Third Circuit | 2019-01-30 | Denied | Response WaivedIFP | abstract-approach circuit-court collateral-appeal constitutional-law crawford-v-washington criminal-appeal daubert-v-merrell-dow double-jeopardy federal-rules-of-evidence illinois-v-vitale sixth-amendment supreme-court-precedent whalen-v-united-states | Whether the Third Circuit's denial/rejection that reasonable jurists would not debate the District Court's determination that Mr. Hayes convictions we… |
| 18-7632 | Abraham Grant v. Wendy Kelly, Director, Arkansas Department of Correction | Arkansas | 2019-01-29 | Denied | Response WaivedIFP | criminal-procedure double-jeopardy due-process felony-conviction habeas-corpus prosecutorial-discretion speedy-trial standing state-court-decision | Question not identified. |
| 18-7533 | Shawn Canada v. Eddie Miles, Warden | Eighth Circuit | 2019-01-23 | Denied | IFP | civil-rights confrontation-clause cruel-and-unusual-punishment double-jeopardy due-process habeas-corpus ineffective-assistance plea-bargaining sentencing | 1. DID CANADA RECEIVE EFFECTIVE ASISTANCE OF COUNSEL 2. WAS THERE AN ABUSE OF DISCRETION TO BRINGING OF CANADA MENKAL HEALHL INJUSTICE DUNNG SENTENUN… |
| 18-7479 | Farrell Haycraft v. Indiana | Indiana | 2019-01-17 | Denied | Response WaivedIFP | criminal-procedure double-jeopardy due-process judicial-discretion jury-deliberation jury-instructions mistrial trial-court-error verdict verdict-modification | I. Did the Trial Court Err when it order the jurors to redeliberate after it reach a verdict of guilty and not guilty on all counts? |
| 18-7329 | Phillip Dale Selfa v. United States | Ninth Circuit | 2019-01-11 | Denied | Response WaivedIFP | civil-rights constitutional-law constitutional-rights criminal-procedure criminal-prosecution double-jeopardy dual-sovereignty due-process federal-state-jurisdiction presumption-of-innocence prosecutorial-misconduct prosecutorial-vindictiveness | Does the prophylactic presumption of prosecutorial vindictiveness (North Carolina v. Pearce, 395 U.S. 711 (1982)) apply when two different sovereigns … |
| 18-7360 | Peter Mathis, Jr. v. United States | Sixth Circuit | 2019-01-10 | Denied | Response WaivedRelisted (2)IFP | appeals appellate-review circuit-court criminal-procedure double-jeopardy due-process final-judgment grand-jury insufficient-evidence sentencing sentencing-review statutory-interpretation | Did Congress' enactment of 18 USC § 3742 (a), allow for the review of an otherwise final sentence, if a defendant could showaviOlatiôn ofi1aw? Did th… |
| 18-7325 | John Joseph Zinkand v. Carlos Hernandez, Superintendent, Avery-Mitchell Correctional Institution, et al. | Fourth Circuit | 2019-01-09 | Denied | Response WaivedRelisted (2)IFP | civil-rights constitutional-rights criminal-procedure double-jeopardy due-process habeas-corpus imprisonment indictment state-law statutory-interpretation subject-matter-jurisdiction | 1. Did North Carolina State unlawfully imprison 3 being N.C.G.S.S14-27.7A, a statute thathas been abolished, and replaced with two separate statutes, … |
| 18-7269 | Larry Allison v. United States | Eighth Circuit | 2019-01-07 | Denied | Response WaivedIFP | civil-rights constitutional-law conviction criminal-procedure double-jeopardy due-process judicial-review legal-procedure plea-bargaining sentencing statutory-interpretation | 1. Can one be sentenced for a crime to which no plea of guilty has been entered and no trial resulting in a conviction has been held? 2. Will this Co… |
| 18-821 | David Keith Wills v. United States | Fifth Circuit | 2018-12-28 | Denied | Relisted (2) | constitutional-law criminal-procedure double-jeopardy dual-sovereignty fifth-amendment gamble-v-united-states supreme-court | Whether the Court should overrule the dual sovereignty exception to the Fifth Amendment Double Jeopardy Clause. |
| 18-7167 | Cornelius Tyrone Kirsh v. Louisiana | Louisiana | 2018-12-26 | Denied | Response WaivedIFP | aggravated-flight burden-of-proof criminal-procedure double-jeopardy due-process habitual-offender insufficient-evidence involuntary-statements reasonable-doubt sufficiency-of-evidence | Whether reasonable jurist would debate that the State failed to meet its burden of proof of beyond a reasonable doubt that Mr. Kirsh Is guilt Reasona… |
| 18-7146 | Jonathan Samuel Sage v. Washington | Washington | 2018-12-21 | Denied | IFP | confrontation confrontation-clause cross-examination double-jeopardy double-jeopardy-clause due-process evidence-restriction judicial-review jury-instructions multiple-convictions same-crime same-person-same-time separate-and-distinct-conduct uncharged-misconduct witness-credibility | 1. It is well established that when a person is charged with multiple counts of the same crime committed against the same person at the same time, the… |
| 18-7106 | Ramiro Plascencia-Orozco v. United States | Ninth Circuit | 2018-12-19 | Denied | Response WaivedIFP | appeal breach breach-of-contract commerce-clause constitutional-violation criminal-procedure double-jeopardy due-process eleventh-amendment judicial-power plea-agreement sentencing | Whether the District Court Erred When it Declared, Petitioner Breached His 2011 Plea Agreement and Thus Allowed the Government to go Forward on Charge… |
| 18-7109 | Tshombe Miller v. Ohio | Ohio | 2018-12-19 | Denied | Response WaivedIFP | constitutional-rights criminal-charging criminal-law criminal-procedure double-jeopardy due-process juror-consensus jury-consensus ohio-constitution rape-allegations united-states-constitution | Is "carbon copy" charging of multiple allegations of rape violative of due process and/or double jeopardy pursuant to the United States and Ohio Const… |
| 18-7074 | Gennaro Mattiaccio v. United States | Fourth Circuit | 2018-12-18 | Denied | Response WaivedIFP | civil-rights criminal-procedure double-jeopardy due-process jurisdiction prosecutorial-misconduct sentencing sufficiency-of-evidence | 1. The convictions on Count two must be vacated because the evidence at trial was insufficient to establish guilt and also conflicts with the law of o… |
| 18-7005 | Denis Aviles Salguero v. United States | Ninth Circuit | 2018-12-12 | Denied | Response WaivedIFP | appellate-review child-pornography constitutional-law criminal-law criminal-procedure double-jeopardy fifth-amendment sentencing | Whether Petitioner's convictions for receipt and possession of child pornography violated the Double Jeopardy Clause of the Fifth Amendment. |
| 18-6976 | Joseph Lochuch Ewalan v. Washington | Washington | 2018-12-10 | Denied | IFP | criminal-procedure criminal-trial double-jeopardy due-process evidentiary-basis jury-instruction jury-instructions lesser-included-offense standard-of-review state-court sufficiency-of-evidence united-states-v-dixon | This Courts precedent in United States V. Di xon, 509 U.S. 698 (1993) reached the question of whether a criminal defendant is entitled to a lesser -in… |
| 18-739 | Trevor Wallace v. Tennessee | Tennessee | 2018-12-10 | Denied | Response Waived | appellate-review case-revival constitutional-compliance dismissal-with-prejudice double-jeopardy due-process fifth-amendment judicial-discretion jury jury-trial lee-v-us res-judicata | May a state appellate court revive a case that was dismissed with prejudice after a jury was sworn merely because the appellate court disagrees with t… |
| 18-6950 | Jason Wayne McBride v. Texas | Texas | 2018-12-07 | Denied | IFP | 5th-amendment amendment civil-rights constitutional-law criminal-intent criminal-procedure double-jeopardy due-process indictment-amendment mens-rea speedy-trial statutory-interpretation texas-penal-code | waived even though it is observed and Texas Penal Code § 25.1(d) prohibited the use of more counts for the same offense arising out of the same crimin… |
| 18-6962 | In Re Walter E. Kostich | 2018-12-07 | Denied | IFP | 14th-amendment 5th-amendment constitutional-rights criminal-procedure double-jeopardy due-process equal-protection jurisdiction magistrate-jurisdiction statutory-interpretation statutory-requirements | Question #1), Whether, the State prosecution or Courts has the authority to prosecute a criminal case, in the absence of a statutory required signed "… | |
| 18-6964 | Henry L. Wallace v. United States | District of Columbia | 2018-12-07 | Denied | Response WaivedIFP | civil-rights criminal-procedure criminal-procedure-defects double-jeopardy due-process indictment-amendment ineffective-assistance ineffective-assistance-of-counsel jurisdiction jurisdictional-defect jury-instruction jury-instructions prosecutorial-misconduct standing | 1.) Whether a jurisdiction defective indictment can he procedurally or time bar adjudication after twenty years if it violate these Supreme Court Full… |
| 18-6897 | Victor Solorzano Tavia v. United States | Eleventh Circuit | 2018-12-03 | Denied | Response WaivedIFP | blakely-rule consecutive-sentences criminal-procedure double-jeopardy grade-c-violation illegal-reentry sentencing sentencing-guidelines statutory-maximum supervised-release | I. Whether sentence for illegal reentry and sentence for violation of supervised release should have run concurrent to avoid double jeopardy clause … |
| 18-6800 | Robert Ryan Powell v. United States | Ninth Circuit | 2018-11-26 | Denied | Response WaivedIFP | constructive-amendment double-jeopardy fifth-amendment grand-jury indictment jury-instructions jury-unanimity plain-error sixth-amendment statute-of-limitations | Where jury instructions lack the dates and timeframes specified in the indictment, do the jury instructions constructively amend the indictment, and t… |
| 18-6821 | Michael Brandon Kelley v. Alabama | Alabama | 2018-11-26 | Denied | Response WaivedIFP | alabama-law capital-murder constitutional-rights criminal-procedure double-jeopardy due-process judicial-review sexual-abuse state-law | Did the state court's failure to apply state-law double jeopardy protections in Petitioner Kelley's case result in a violation of Kelley's constitutio… |
| 18-6824 | Martavious Detrel Banks Keys v. United States | Fifth Circuit | 2018-11-26 | Denied | Response WaivedIFP | 349 U.S. 81 (1955) on double-jeopardy bell-v-united-states congressional-intent criminal-procedure double-jeopardy fifth-amendment law-enforcement mens-rea multiple-punishments single-statute testimony | I. This Court should grant certiorari in this case to answer to resolve a division in the case law and an important question of double jeopardy jurisp… |
| 18-6785 | Christopher Scott v. Illinois | Illinois | 2018-11-21 | Denied | IFP | constitutional-law criminal-procedure double-jeopardy due-process equal-protection habeas-corpus statutory-interpretation | 1st degree murder charges Count 23. Whether Petitoner PriNt, while Also Killed in the Course of Another Felny" 5/18-2 & 5/19-3, Violated the Joiner of… |
| 18-650 | Miguel Cabrera-Rangel v. United States | Fifth Circuit | 2018-11-20 | Denied | Amici (5)Response Waived | acquittal-impact acquitted-conduct criminal-procedure criminal-sentencing double-jeopardy due-process judicial-discretion jury-trial sentencing sixth-amendment | Whether, or under what circumstances, the Sixth Amendment right to jury trial prohibits a federal court from basing a criminal defendant's sentence on… |
| 18-6742 | Albert Uriah Mathis v. North Carolina | North Carolina | 2018-11-20 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment double-jeopardy due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-misconduct mistrial prosecutorial-misconduct | Can a judge order a mistrial in a case simply, so he may attend a Dr. appointment? Can a fair trial be had when a deadline of 5pm the same day is pla… |
| 18-6744 | Wesley Wayne Schaefer v. Lorie Davis, Director, Texas Department of Criminal Justice, Criminal Institutions Division | Fifth Circuit | 2018-11-20 | Denied | IFP | consequences criminal-procedure de-novo-review double-jeopardy double-jeopardy,lesser-included-offense,state-law, due-process due-process,criminal-procedure,plea-bargaining,eff due-process,equal-protection,fourteenth-amendment, due-process,grand-jury,fifth-amendment,fourteenth- effective-assistance-of-counsel,plea-bargaining,du federal-courts,state-courts,de-novo-review,mixed-q grand-jury guilty-plea ineffective-assistance jury-unanimity plea-bargaining silent-record sixth-amendment,jury-trial,unanimous-verdict,due-p | Whether a Court may assume, from a silent record, the defendant was sufficiently made aware of the consequences of his guilty plea? Whether the Unite… |
| 18-6716 | Jerry Walker, aka Jerry Richmond v. United States | Seventh Circuit | 2018-11-16 | Denied | IFP | appeal appellate-procedure appellate-review circuit-court conviction conviction-reversal conviction-vacatur criminal-procedure double-jeopardy due-process judicial-review jurisdiction legal-preclusion sentencing superseding-indictment | Whether The Seventh Circuit Contravened The Holding Of Griffith By Concluding That Booker And Pepper Were NOT Retroactive To The Petitioner's Case Wit… |
| 18-6686 | Grady Pederson v. Minnesota, et al. | Eighth Circuit | 2018-11-14 | Denied | Response WaivedIFP | civil-procedure civil-rights double-jeopardy due-process evidence-suppression sex-offender-registry standing statute-of-limitations | 1. Why was the State of Minnesota allowed to suppress evidence since 11/01/1995? 2. Why were the Sheriffs' and Police Depts. Allowed to misrepresent … |
| 18-6663 | Esau Escobar v. Illinois | Illinois | 2018-11-13 | Denied | IFP | appellate-review civil-rights criminal-procedure double-jeopardy due-process jury-instructions murder murder-conviction prior-acts provocation provocation-defense self-defense substantial-evidence | I. The Appellate Court holding the Petitioner a bar ce ae =e led To 4 Secinos Provocation lastcvetion tio. Becanse He Tstified that He Anted cust Opoc… |
| 18-6674 | Octavious Lamar Rhymes v. Texas | Texas | 2018-11-09 | Denied | IFP | criminal-procedure criminal-prosecution double-jeopardy due-process judicial-vindictiveness jurisdiction prosecutorial-vindictiveness same-criminal-episode venue-transfer | Where Rhymes' due process rights violated by prosecutorial and judicial vindictiveness. When after being prosecuted in one county, and receiving a sho… |
| 18-6527 | Jedediah C. v. West Virginia | West Virginia | 2018-10-31 | Denied | IFP | double-jeopardy due-process eighth-amendment equal-protection fifth-amendment fourteenth-amendment home-incarceration pre-trial time-served west-virginia | Has the Petitioner's Fifth, Eighth and Fourteenth Amendment Constitutional Rights been violated when the Courts of West Virginia refused to grant cred… |
| 18-562 | Elizabeth Haring Coomes v. Maryland Insurance Administration | Maryland | 2018-10-30 | Denied | Response Waived | administrative-law automatic-stay bankruptcy-estate bankruptcy-law bankruptcy-law-362-b-4 bankruptcy-stay civil-procedure double-jeopardy due-process insurance-licensing police-power regulatory-action regulatory-power | Whether 11 U.S.C. 362(b)(4), the police and regulatory power exception to the automatic stay of bankruptcy, applies to a Debtor's appeal of a final re… |
| 18-6499 | Dominique Johnson v. United States | Third Circuit | 2018-10-30 | Denied | Response WaivedIFP | 10th-amendment 4th-amendment civil-rights double-jeopardy due-process federal-agents federal-government fourth-amendment home-arrest standing tenth-amendment warrantless-search | Just 6, 2004 by The United States of America's Federal Bureau of Investigation Agents took within the jurisdiction of The Commonwealth of Pennsylvania… |
| 18-6509 | John Tedesco v. Monroe County, Pennsylvania, et al. | Third Circuit | 2018-10-30 | Denied | Relisted (2)IFP | civil-procedure civil-rights constitutional-rights double-jeopardy due-process heck-v-humphrey prosecutorial-immunity rooker-feldman-doctrine section-1983 standing younger-abstention | (1ST QUESTION ) MR TEDESCO'S COMPLAINT WAS DISMISSED WITH PREJUDICE AN IN IT'S ENTIRETY. (2ND QUESTION) PLAINTIFF'S MOTION FOR LEAVE TO AMEND WAS DIS… |
| 18-6353 | Michael Joseph Bien v. Texas | Texas | 2018-10-17 | Denied | Response WaivedIFP | constitutional-interpretation constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process legal-precedent prosecutor-misconduct prosecutorial-misconduct supreme-court supreme-court-jurisprudence supreme-court-precedent texas-court-of-criminal-appeals | Whether a prosecutor who violates the Double Jeopardy Clause should have exclusive power to determine which of his unconstitutionally obtained convict… |
| 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… |
| 18-6251 | Lonnie James Pebley v. Colorado | Colorado | 2018-10-09 | Denied | Response WaivedIFP | appellate-review criminal-procedure double-jeopardy due-process mistrial oregon-v-kennedy prosecutorial-misconduct reprosecution supervisory-authority trial-court | I. WHETHER THE STATE TRIAL COURT AND APPELLATE COURT ERRONEOUSLY DETERMINED THAT THE FEDERAL DOUBLE JEOPARDY PROTECTION BARRING REPROSECUTION AS A RES… |
| 18-6169 | Tracy L. Johnson v. United States | Sixth Circuit | 2018-10-03 | Denied | Response WaivedIFP | 924(c)-statute conspiracy criminal-law criminal-procedure double-jeopardy drug-conspiracy drug-crimes due-process firearm-possession informant-testimony law-enforcement-conduct mandatory-minimum mandatory-sentencing sentencing sentencing-enhancement | Whether a defendant should be subject to a mandatory 25 year consecutive 924(c) sentence for the same drug Conspiracy based on the facts that in a two… |
| 18-397 | William G. Clowdis, Jr. v. Virginia Board of Medicine | Virginia | 2018-09-28 | Denied | Response Waived | administrative-law double-jeopardy due-process full-faith-and-credit medical-licensing modes-of-procedure sovereign-immunity subject-matter-jurisdiction ultra-vires | 1) Did the Court of Appeals of Virginia err in holding moot and failing to rule substantively on Clowdis' claim that the Virginia Board of Medicine vi… |
| 18-6054 | In Re Michael Boone | 2018-09-20 | Denied | IFP | actual-innocence constitutional-rights double-jeopardy judge jury sentencing separation-of-powers statute-of-limitations statutory-offense substantive-due-process | Is Petitioner Boone serving an unlawful/void sentence because it is a Substantive Due Process, Double Jeopardy violation for a defendant to be punishe… | |
| 18-6038 | Carlos D. Villavicencio v. Julie L. Jones, Secretary, Florida Department of Corrections | Florida | 2018-09-19 | Denied | Relisted (2)IFP | 14th-amendment criminal-procedure double-jeopardy due-process jurisdiction nolle-prosequi prosecutorial-misconduct speedy-trial statute-of-limitations | Whether the prosecution (State of Florida) after Petitioner has been arrested in Dade County, Florida "Miami" and charged with two counts of First-Deg… |
| 18-6001 | Demario Carman v. Georgia | Georgia | 2018-09-18 | Denied | Response WaivedIFP | civil-rights constitutional-rights double-jeopardy due-process fifth-amendment manifest-necessity mistrial-exception reasonableness trial-court trial-court-discretion | Whether the protection against Double Jeopardy contained in the Fifth Amendment is an empty promise where determinations as to what is "manifest neces… |
| 18-6017 | William Robey v. Washington | Washington | 2018-09-18 | Denied | Response WaivedRelisted (2)IFP | 14th-amendment 5th-amendment 6th-amendment americans-with-disabilities-act conspiracy-against-rights constitutional-rights double-jeopardy due-process effective-assistance-of-counsel state-court-mandate void-ab-initio | Is the KING COUNTY SUPERIOR COURT mandated to obey the Washington State Supreme court ruling of 1988- CrR 3.1(b)(2)? Is violation of Washington State… |
| 18-5991 | Johnny Ray Bennett v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2018-09-14 | Denied | IFP | civil-rights constitutional-scrutiny double-jeopardy due-process ex-post-facto habeas-corpus jurisdiction subject-matter-jurisdiction unlawful-detention | WOULD THE 2002 ENACTMENTS VIOLATE THE EX POST FACTO CLAUSES OF THE STATE AND FEDERAL CONSTITUTION, IF ITS RETROACTIVITY DID NOT CURE THE DEFECTS OF CH… |
| 18-5961 | Vincent Michael Marino v. Barbara Rickard, Warden | Fourth Circuit | 2018-09-13 | Denied | Response WaivedIFP | appeals civil-rights collateral-attack constitutional-procedure criminal-procedure criminal-trial double-jeopardy due-process habeas-corpus jurisdiction jury-jeopardy supreme-court-precedent | Ground One The District Court, Appeals Court for the Second Circuit and the Second Circuit Court of Appeals sitting En Banc committed reversible lega… |
| 18-5966 | Joseph Faulkner v. United States | Seventh Circuit | 2018-09-13 | Denied | Response WaivedIFP | criminal-prosecution double-jeopardy fifth-amendment law-of-case-doctrine law-of-the-case prosecution sentencing sentencing-enhancement uncharged-conduct witte-v-united-states | (1) Whether the use of uncharged conduct to increase a sentence means the conduct was used to punish, and a subsequent prosecution for the same conduc… |
| 18-5930 | Timothy Walker v. United States | Third Circuit | 2018-09-12 | Denied | Response WaivedIFP | career-offender double-jeopardy drug-offense due-process guideline-amendments guideline-range post-sentencing-litigation sentencing sentencing-guidelines statutory-interpretation u.s.s.g. | Does it comport with the Due Process Clause and the prohibition against Double Jeopardy to, for all practical purposes, simultaneously impose two (2) … |
| 18-5954 | Don Ray White v. Texas | Texas | 2018-09-12 | Denied | IFP | civil-rights criminal-procedure double-jeopardy due-process ineffective-assistance-of-counsel jurisdiction standing | thore were an indictment Presented into the 17ststate Crimina) trial court, therzafter that same indictmint was Presanted in the 1obth civil court for… |
| 18-5896 | Beverly Allen Baker v. United States | Fourth Circuit | 2018-09-05 | Denied | Response WaivedRelisted (2)IFP | appellate-procedure civil-rights confrontation-clause conspiracy criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel multiple-conspiracies sentencing sentencing-guidelines sixth-amendment | 1. Should BAS cov exercise YS Super visecy authority to reverse Nig Bakers cangpiracy comvichon ® By the end th trial, the government concluded that … |
| 18-5864 | Benjamin Patrick Lee v. Suzanne M. Peery, Warden | Ninth Circuit | 2018-09-04 | Denied | IFP | civil-rights criminal-procedure double-jeopardy due-process equal-protection free-exercise habeas-corpus right-to-counsel state-laws | Can State actors and stite Court Violate the due process and equal protection clanses of the United States Constitution and the sfate's own enumerated… |
| 18-5854 | Joe Leonard Lambright v. Arizona | Arizona | 2018-08-31 | Denied | Response WaivedIFP | criminal-procedure double-jeopardy due-process incarceration-credit life-sentence parole sentencing statutory-interpretation | When a defendant's death sentence is vacated and a life sentence with the possibility of parole after 25 years imposed in its place, is the Due Proces… |
| 18-5812 | In Re Richard DeCaro | 2018-08-29 | Denied | Relisted (2)IFP | appellate-review constitutional-interpretation constitutional-law criminal-law criminal-procedure doctrinal-underpinnings double-jeopardy due-process gamble-v-united-states innocence original-meaning re-adjudication separate-sovereigns separate-sovereigns-exception | Whether the Court should overrule the "separate sovereigns" exception to the Double Jeopardy Clause. | |
| 18-5795 | Luis Antonio Ibarra v. United States | Fifth Circuit | 2018-08-28 | Denied | Response WaivedIFP | commerce-clause double-jeopardy felon-in-possession interstate-commerce legislative-history mens-rea statutory-interpretation | I. This Court should grant certiorari in this case to establish that the bright line "Blockburger" double jeopardy test accepted in Dixon is the one a… |
| 18-5751 | William Burke v. Georgia | Georgia | 2018-08-24 | Denied | Response WaivedIFP | adversarial-process constitutional-fairness criminal-procedure double-jeopardy due-process evidence evidence-review fair-trial judicial-review jury-instructions post-conviction-review prosecutorial-discretion prosecutorial-misconduct trial-strategy | At what point does it become fundamentally unfair to 'adjust the charges to the evidence'? In this instance, the State adjusted the charges, and by ex… |
| 18-5676 | Ernest Morris v. Pennsylvania | Third Circuit | 2018-08-23 | Denied | IFP | cell-phone-records cell-phone-tower-records constitutional-rights criminal-procedure double-jeopardy duress-defense fair-trial ineffective-assistance ineffective-assistance-of-counsel standing suppression trial-counsel unqualified-counsel | I. Did counsel provide ineffective assistance of counsel where Direct appeal counsel abandoned the suppression of cell phone tower records after the… |
| 18-5714 | Jose A. Rivera-Quinones v. Pennsylvania | Third Circuit | 2018-08-23 | Denied | IFP | abuse-of-process confrontation-clause constitutional-rights criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process fourteenth-amendment prejudicial-evidence sentencing sixth-amendment subject-matter-jurisdiction | Under Our United States Constitution, Amendment VI., Can A Trial Court Posess Subject Matter . Jurisdiction On A Criminal Offense Not Charged Within. … |
| 18-5720 | Alan Bartlett v. Susanna C. Pineda, Judge, Superior Court of Arizona, Maricopa County, et al. | Arizona | 2018-08-23 | Denied | Relisted (2)IFP | 14th-amendment 5th-amendment appeal civil-rights criminal-procedure double-jeopardy due-process fifth-amendment | Whether Respondent Judge Jusonno C Pineda abused discretion denying Petitioner Bortlett's motion Violtion of his ShusCA ind ythUsCA mendment rights un… |
| 18-227 | Justin Michael Wolfe v. Virginia | Virginia | 2018-08-22 | GVR | Response RequestedResponse WaivedRelisted (2) | appeal appellate-review class-precedent class-v-united-states constitutional-authority constitutional-law criminal-procedure criminal-procedure-plea-bargaining double-jeopardy due-process guilty-plea plea-bargaining state-court state-court-appeals vindictive-prosecution | Whether, in light of Class, a guilty plea in state court waives the right to raise on appeal the constitutional authority of the State to prosecute ba… |
| 18-5710 | Alejandro Amor v. United States, ex rel. Juan Pena, et al. | Eleventh Circuit | 2018-08-22 | Denied | Response WaivedIFP | double-jeopardy eighth-amendment election-of-remedies estoppel excessive-fines false-claims-act materiality res-judicata restitution seventh-amendment | Whether the False Claims Act 31 U.S.C. 3729-33 (FCA), estoppel provision violates the Seventh Amendment of the Constitution. Whether as a result of t… |
| 18-5631 | Steven M. Jacob v. Scott R. Frakes, Director, Nebraska Department of Correctional Services | Eighth Circuit | 2018-08-17 | Denied | Response WaivedRelisted (2)IFP | aedpa certificate-of-appealability constitutional-review double-jeopardy due-process habeas habeas-corpus jury-selection prejudice presumption-of-impartiality standard-of-review supreme-court-precedent voir-dire | Was the Petitioner's demonstration, that the State Courts' decision was dependent on their failure to apply the holding in Murphy v. Florida by accept… |
| 18-5603 | In Re Mark Kilmartin | 2018-08-16 | Denied | IFP | criminal-procedure double-jeopardy due-process equal-protection fourteenth-amendment judicial-misconduct jury-trial sentencing structural-error | WHETHER A CRIMINAL DEFENDANT CAN BE CONVICTED AND SENTENCED TO LIFE FOR A SEPARATE, NEW AND DISTINCT CRIME WITH WHICH HE HAD NOT BEEN ON TRIAL FOR AND… | |
| 18-200 | Michigan v. Charles Damon Jones | Michigan | 2018-08-15 | Denied | Response Waived | appellate-review criminal-procedure double-jeopardy due-process inconsistent-verdicts judicial-discretion jury-confusion jury-instructions jury-nullification jury-verdict jury-verdicts legal-standard new-trial sufficiency-of-evidence trial-procedure verdict-inconsistency | Irreconcilable jury verdicts are not grounds for relief, and courts are not to speculate as to why a jury returned an inconsistent verdict. Respondent… |
| 18-5586 | William Knight v. Florida | Florida | 2018-08-15 | Denied | IFP | abuse-of-authority appellate-procedure criminal-procedure double-jeopardy due-process habitual-offender illegal-sentence judicial-abuse judicial-authority jurisdiction sentencing sentencing-error sentencing-guidelines statutory-maximum | WHETHER TRIAL COURT ABUSED THEIR AUTHORITY BY ALLOWING THE STATE ATTORNEY OFFICE TO IMPOSE A SENTENCE CONTRARY TO THE REQUIREMENTS OF THE LAW ON DOUBL… |
| 18-5540 | Darnell Rush v. Randee Rewerts, Warden | Sixth Circuit | 2018-08-14 | Denied | Response WaivedIFP | appeal appellate-review criminal-procedure double-jeopardy due-process ineffective-assistance-of-counsel jury-instructions motion-for-new-trial sufficiency-of-evidence | Is Defendant-Appeallant Entied Fo A New Trial where The Trial lourt Erred In Faiing To Suppress His Statement ? Is Defendant-Appeallant Entited to is… |
| 18-5528 | Brian Thurman v. United States | Seventh Circuit | 2018-08-09 | Denied | Response WaivedIFP | acquitted-conduct double-jeopardy due-process fifth-amendment sentencing sixth-amendment united-states-constitution | Whether the District Court violated Mr. Thurman's Fifth and Sixth Amendment rights under the United States Constitution when it increased his sentence… |
| 18-5497 | Timothy Edmun Johnson v. United States | Tenth Circuit | 2018-08-07 | Denied | Response WaivedIFP | armed-career-criminal-act controlled-substances criminal-history double-jeopardy drug-distribution federal-sentencing felony-possession occasions-different sentencing-enhancement separate-occasions serious-drug-offense | 1. Is Oklahoma's crime of drug distribution a "serious drug offense" under the ACCA when state law defines "distribution" to include "transport with i… |
| 18-5449 | In Re Michael D. Smith | 2018-08-06 | Denied | Response WaivedIFP | 28-usc-2255 appeals civil-procedure confrontation criminal-procedure district-court-review double-jeopardy due-process federal-habeas habeas-corpus indictment motion-to-vacate post-conviction-relief self-incrimination sentencing speedy-trial standing | Question not identified. | |
| 18-5434 | Troy Victorino v. Florida | Florida | 2018-08-02 | Denied | IFP | 14th-amendment 5th-amendment capital-punishment criminal-punishment death-penalty double-jeopardy due-process ex-post-facto fifth-amendment florida-supreme-court fourteenth-amendment jury-sentencing resentencing statutory-interpretation | 1. Does the Florida Supreme Court ruling that the automatic-resentencing-tolife provision of Florida Statutes Section 775.082(2) applies only if death… |
| 18-5361 | Hazhar A. Sayed v. Travis Trani, Warden, et al. | Tenth Circuit | 2018-07-27 | Denied | Response WaivedIFP | collateral-estoppel constitutional-interpretation criminal-procedure double-jeopardy due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel pro-se-litigation pro-se-prisoner-litigant | If a defendant is convicted of a lesser included offense of a higher level charge, does the Fifth Amendment's Double Jeopardy Clause prohibit retrying… |
| 18-5309 | Maurice McLain v. United States | Fourth Circuit | 2018-07-20 | Denied | Response WaivedRelisted (2)IFP | cooperator-testimony currier-v-virginia double-jeopardy double-jeopardy-clause jury-unanimity physical-evidence plea-agreement rico rico-prosecution rutledge-v-united-states santobello-v-new-york uncorroborated-testimony | I. Whether the Fourth Circuit Court of Appeals' opinion conflicts with this Court's decisions in Rutledge v. United States, 517 U.S. 292 (1996), Curri… |
| 18-5261 | Vester L. Patterson v. California | California | 2018-07-19 | Denied | Response WaivedIFP | constitutional-law criminal-procedure double-jeopardy due-process equal-protection ex-post-facto statute-of-limitations | Question not identified. |
| 18-82 | Tamara Cotman and Angela Williamson v. Georgia | Georgia | 2018-07-17 | Denied | Response Waived | acquittal criminal-procedure double-jeopardy double-jeopardy,fifth-amendment,criminal-procedure fifth-amendment jury jury-trial nonunanimous-verdict sixth-amendment sixth-amendment,criminal-procedure,jury,due-proces unanimous-verdict Whether the Double Jeopardy Clause of the Fifth Am | 1. Whether it is a Violation of the Sixth Amendment for a jury in a criminal case to return a nonunanimous verdict. 2. Whether the Double Jeopardy Cl… |
| 18-5241 | Victor Maturino v. United States | Fifth Circuit | 2018-07-16 | Denied | Response WaivedIFP | administrative-law commentary-amendments destructive-devices double-jeopardy due-process firearms firearms-possession guideline-commentary offense-level-increases rulemaking-authority sentence-enhancement sentencing-commission-process sentencing-guidelines statutory-interpretation | The Sentencing Guidelines in § 2K2.1 setting forth provisions concerning unlawful possession of firearms and specific offense characteristics provide … |
| 18-5206 | Gary Dewayne Oatman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2018-07-11 | Denied | IFP | 6th-amendment actual-innocence certificate-of-appealability double-jeopardy due-process enhanced-sentence habeas-corpus ineffective-assistance-of-counsel prior-mistrial sentencing | Question not identified. |
| 18-5139 | Donald Keith Runnels v. Presley Bordelon, Warden | Fifth Circuit | 2018-07-06 | Denied | Relisted (2)IFP | appeals civil-rights criminal-procedure double-jeopardy due-process ex-post-facto habeas-corpus new-trial sentencing | i May t pe Ct hon in this matter? 2) May the nde ont he men appliction ild on 02-04-2014. No.4:4-42 in h U.S.D.C.S.ATX. was timly,and setifies the t… |
| 18-5153 | Arthur Wayne Kniffley v. United States | Sixth Circuit | 2018-07-06 | Denied | Response WaivedIFP | ball-v-united-states blockburger-test child-pornography criminal-conviction double-jeopardy double-jeopardy,child-pornography,fifth-amendment, double-jeopardy,fifth-amendment,child-pornography, fifth-amendment mandatory-life-sentence mandatory-sentencing sentencing-discretion | I. Whether a conviction for producing child pornography violates the Double Jeopardy Clause of the Fifth Amendment because the defendant was previousl… |
| 18-5075 | Felix A. Okafor v. United States | Fourth Circuit | 2018-07-03 | Denied | Response WaivedRelisted (2)IFP | beyond-reasonable-doubt-standard Blockburger-test blockburger-v-united-states Brady-v-Maryland concurrent-sentence criminal-procedure double-jeopardy due-process exculpatory-evidence glover-v-united-states in-re-winship kyles-v-whitley ray-v-united-states sentencing sentencing-determination sixth-amendment | MAY A CONVICTION THAT IS ADMITTEDLY A VIOLATION OF THE CONCURTRENT SENTENCE DOCTRINE BE ALLOWED TO STAND IN LIGHT OF RAY V. UNITED STATES, ,481 U.S. 7… |
| 18-5064 | In Re Kenneth Gaylord Stokes | 2018-07-02 | Denied | Response WaivedIFP | actual-innocence civil-procedure criminal-procedure double-jeopardy due-process ex-post-facto habeas-corpus jurisdiction lower-court-decisions standing takings | IS PETITIONER ENTITLED TO IMMEDIATE RELIEF, INCLUDING MANDAMUS, FROM THIS COURT FOR A CLAIM OF ACTUAL INNOCENCE WITH REGARD TO DOUBLE EX POST FACTO VI… | |
| 18-5085 | Teon Jamell Williams v. North Carolina | North Carolina | 2018-07-02 | Denied | Response WaivedIFP | 4th-amendment cell-phone-privacy collateral-estoppel constitutional-rights criminal-procedure direct-appeal double-jeopardy effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel search-and-seizure sixth-amendment state-law warrantless-search | WAS THE PETITIONER'S RIGHT TO AFFECTIVE ASSISTANCE OF COUNSEL IN HIS FIRST DIRECT APPEAL OF RIGHT VIOLATED WHEN COUNSEL REFUSED TO BRIEF HIS FOURTH AM… |
| 18-5086 | Brian Keith Uzzle v. Lesley Fleming, Warden | Fourth Circuit | 2018-07-02 | Denied | Response WaivedIFP | criminal-procedure custody custody-status double-jeopardy due-process nolle-prosequi nolle-prosequy prosecutorial-discretion prosecutorial-misconduct re-indictment reindictment speedy-trial | 1. Whether a state Court may benefit, gaming Ane advantage of a ceskact On ne Speedy Trial clock (ice indefinitely Post porin 9 prosecuticni, over Man… |
| 18-5027 | Mark O. Wright v. Virginia | Virginia | 2018-06-28 | Denied | Response WaivedIFP | appeal criminal-defendant criminal-procedure double-jeopardy due-process judgment-enforcement legal-procedure lesser-included-offense sentencing sixth-amendment state-supreme-court void-ab-initio void-judgment | 1. Can a state Supreme Court enforce a judgment against a criminal defendant for an offense that was never charged and which was not a lesser included… |