| 24-5536 |
Jose Reyes Ochoa v. United States |
Third Circuit |
2024-09-13 |
Denied |
Response WaivedIFP |
appellant-rights court-ruling criminal-procedure duress-defense judicial-discretion legal-error |
Did the Court err in precluding Appellant's "duress" defense? |
| 23-7778 |
Davonte Williams-Dorsey v. United States |
Second Circuit |
2024-06-21 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-procedure-due-process-jury-trial-evidence due-process duress-defense fifth-amendment judicial-precedent jury-trial sixth-amendment trial-procedure united-states-v-contento-pancho united-states-v-paul |
Did the lower courts err in their preclusion of Petitioner's duress defense at trial, given the preexisting caselaw, wherein the Jury, not the Court, … |
| 23-5201 |
Andrew Valenzuela v. Roberto A. Arias, Warden |
Ninth Circuit |
2023-07-25 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-conviction criminal-law due-process duress-defense habeas-corpus judicial-proceedings jury-instructions |
On November 6, 2009, nineteen-year-old Andrew Valenzuela—along with David Padilla and Jessica Garcia—got in a car with a 32-year-old serial killer who… |
| 20-6254 |
Roberto Yoquigua Lopez v. United States |
Ninth Circuit |
2020-11-09 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment confidentiality criminal-procedure defendant-rights due-process duress-defense fair-trial fifth-amendment pre-trial-disclosure sixth-amendment testimonial-confidentiality |
Whether and to what extent the Fifth and Sixth Amendments permit a defendant to keep all of the details of his duress confidential before trial, or wh… |
| 19-5691 |
Roxanne Marie Carpenter v. United States |
Ninth Circuit |
2019-08-23 |
Denied |
Response WaivedIFP |
attorney-client-privilege conspiracy conspiracy-liability criminal-procedure criminal-procedure-rules duress-defense ninth-circuit-rule pinkerton-instruction pinkerton-liability pre-trial-disclosure work-product work-product-doctrine work-product-privilege |
I. The Ninth Circuit has a "Vasquez-Landaver1" rule requiring a criminal defendant to lay out, in detail, her defense before the Government even calls… |
| 19-5642 |
John Emmett Brown, Jr., and Derrick Louis Carter v. United States |
Ninth Circuit |
2019-08-20 |
Denied |
Response WaivedIFP |
brady-materiality brady-v-maryland criminal-procedure due-process duress-defense exculpatory-evidence government-disclosure materiality prosecutorial-misconduct witness-testimony |
In the context of a duress defense, is the government's untimely disclosure of exculpatory evidence that (1) corroborates the defendants' wellgrounded… |
| 18-6911 |
Adrian Pineda-Orozco v. United States |
Fifth Circuit |
2018-12-04 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility affirmative-defense criminal-conviction criminal-law criminal-law-procedure duress-defense family-member fifth-circuit miscarriage-of-justice sentencing |
1. Whether the Fifth Circuit Court of Appeals opinion permitting Pineda-Orasco's conviction to stand resulted in a miscarriage of justice given the lo… |
| 18-6308 |
Edwin Hernandez v. United States |
Second Circuit |
2018-10-12 |
Denied |
Response WaivedIFP |
acquitted-conduct criminal-procedure due-process duress-defense jury-instructions second-circuit sentencing |
1. Did the Second Circuit err in finding that the district court's charge correctly stated the requirements for the duress defense.
2. Did the Second… |
| 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… |