effective-assistance-of-counsel

350 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6914 Murray Lawrence v. Alabama Alabama 2026-02-26 Pending IFP batson-discrimination brady-violation coerced-testimony effective-assistance-of-counsel forensic-evidence-suppression prosecutorial-misconduct 1. Whether the prosecution violated Brady v Maryland when it suppressed exculpatory forensic evidence concealed the absence of any Alabama autopsy and…
25-6890 Tiffany Brown v. United States Eleventh Circuit 2026-02-24 Pending IFP appellate-procedure effective-assistance-of-counsel indigent-defendant pro-se-representation procedural-default sixth-amendment 1. Whether Petitioner was denied effective assistance of appellate counsel when court-appointed counsel failed to file or consult Petitioner about fil…
25-6841 Philong Huynh v. Superior Court of California, San Diego County, et al. California 2026-02-18 Pending IFP collateral-order-doctrine disqualification effective-assistance-of-counsel interlocutory-appeal irreparable-harm judicial-impartiality Do the right to effective counsel as denied by the trial court's refusal to hold hearing on substitution of counsel and the right to an impartial judg…
25-6692 Ana Rosenda Mancio v. Lavelle Parker, Acting Warden Ninth Circuit 2026-02-03 Pending Response WaivedIFP constitutional-review due-process effective-assistance-of-counsel federal-habeas-review habeas-corpus strickland-standard 1. In applying Berger v. United States, 295 U.S. 78 (1935) to a Habeas Corpus Claim based on the State's unreasonable application of "characterized mi…
25-6359 Travis Tuggle v. United States Seventh Circuit 2025-12-15 Denied Response WaivedIFP effective-assistance-of-counsel fourth-amendment plain-view-doctrine sixth-amendment technological-advances unreasonable-search 1. Whether the petitioner's Sixth Amendment right to the effective assistance of counsel was infringed upon when counsel failed to argue that, in orde…
25-6094 Chimene Hamilton Onyeri v. United States Fifth Circuit 2025-11-13 Denied Response WaivedIFP effective-assistance-of-counsel evidentiary-hearing law-enforcement-testimony rico-conspiracy sixth-amendment trial-strategy I. Should a writ of certiorari be granted to determine whether a defendant is denied his Sixth Amendment right to conflict-free counsel where trial co…
25A206 Arthur Fayne v. United States Sixth Circuit 2025-08-21 Presumed Complete effective-assistance-of-counsel material-misrepresentation non-victim-compensation pro-se-representation restitution right-to-defense 1. The Sixth Circuit issued its ruling in this case on May 21, 2025, just one day before this Court decided Kousisis v. United States, which directly …
25A68 Jacquel O'Neal v. Texas Texas 2025-07-17 Presumed Complete effective-assistance-of-counsel habeas-corpus jury-instruction sexual-assault-of-child sixth-amendment texas-penal-code Question not identified.
24-7132 Donovan Jacob Farr v. Texas Texas 2025-05-05 Denied Response WaivedIFP constitutional-validity criminal-procedure due-process effective-assistance-of-counsel guilty-plea plea-agreement Did the state court disregard this Court's precedent by upholding the constitutional validity of Petitioner's guilty plea despite recognizing the tria…
24-7076 Delowar Mohammed Hossain v. United States Second Circuit 2025-04-25 Denied Response WaivedIFP classified-information criminal-defendant-rights due-process effective-assistance-of-counsel fifth-amendment sixth-amendment Whether a Fifth Amendment Due Process, or a Sixth Amendment effective assistance of counsel, claim arises when security-cleared defense counsel are no…
24-1100 Ashu Joshi v. United States Eighth Circuit 2025-04-23 Denied Response Waived constitutional-challenge effective-assistance-of-counsel fifth-amendment marital-relationship sexual-exploitation tenth-amendment 1. Whether the federal prosecution of Petitioner for sexual exploitation of a minor under 18 U.S.C. §§ 2251(a), 2423(a), and 2252A(a)(2) is unconstitu…
24-6991 Jessica L. Morris v. Jeremy Howard, Warden Sixth Circuit 2025-04-15 Denied IFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment sixth-amendment IS CERTIORARI APPROPRIATE BECAUSE PETITIONER WAS DENIED HER RIGHT TO PRESENT A DEFENSE IN VIOLATION OF US CONSTITUTIONAL AMENDMENTS V, VI AND XIV? IS…
24-6513 Tavon Johnathon Magee v. Michigan Michigan 2025-02-10 Denied IFP actual-innocence constitutional-claims effective-assistance-of-counsel federal-standard habeas-relief sixth-amendment I. HAS PETITIONER MAGEE MADE A PROPER SHOWING OF ACTUAL INNOCENCE TO HAVE HIS CONSTITUTIONAL CLAIMS ADDRESSED ON THE MERITS? II. WHETHER THE SUPREME …
24-6215 Liston Watson v. United States Sixth Circuit 2024-12-30 Denied Response WaivedIFP 28-usc-2255 criminal-procedure effective-assistance-of-counsel federal-conviction plea-agreement post-conviction-relief Whether the right to effective assistance of counsel attaches during a 28 U.S.C. § 2255 proceeding when counsel is communicating a plea agreement to t…
24-6105 Ryan Lewis Hilyard v. Wyoming Wyoming 2024-12-10 Denied Response WaivedIFP effective-assistance-of-counsel equal-protection federal-rules-of-evidence fourteenth-amendment procedural-default strickland-standard I. DID THE WYOMING SUPREME COURT APPLY AND FOLLOW FEDERAL RULES OF EVIDENCE CORRECTLY? II. WAS THE WYOMING SUPREME COURT'S DECISION ARBITRARY, CAPRIC…
24-6081 Christopher Zamarripa v. United States Fifth Circuit 2024-12-05 Denied Response WaivedIFP appeal-waiver criminal-procedure effective-assistance-of-counsel plea-agreement sentencing sixth-amendment WHETHER ZAMARRIPA WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL GUARANTEED BY THE SIXTH AMENDMENT AS A RESULT OF HIS COUNSEL'S ADVICE THAT HE ACCEPT THE …
24-5954 In Re Tony Gooch 2024-11-12 Denied IFP constitutional-rights due-process effective-assistance-of-counsel monell-liability section-1983 writ-of-mandamus I. "Whether a local government or Municipal Corporation could be held liable under 42 U.S.C.S. 1983, or held responsible under Monell Liability, for i…
24-5777 Daniel Loren Jenkins v. Erin Reyes, Superintendent, Two Rivers Correctional Institution Ninth Circuit 2024-10-17 Denied Response WaivedIFP attorney-client-privilege confidentiality constitutional-rights criminal-procedure effective-assistance-of-counsel sixth-amendment Does clearly established Supreme Court precedent establish that defense counsel renders ineffective assistance of counsel by disclosing information pr…
24-5644 Jose Moreno v. Jim Robinson Ninth Circuit 2024-09-26 Denied Response WaivedIFP actual-innocence aedpa-statute constitutional-error effective-assistance-of-counsel habeas-corpus legal-innocence 1. Whether the actual-innocence exception to AEDPA's statute of limitations applies to someone who is legally or statutory innocent, in where an indiv…
24-271 Jerry Arnold Westrom v. Minnesota Minnesota 2024-09-10 Denied Response Waived confrontation-clause effective-assistance-of-counsel fourth-amendment reasonable-expectation-of-privacy shed-dna sixth-amendment A. Whether society is prepared to recognize a reasonable expectation of privacy under the Fourth Amendment in an individual's shed DNA, as evidenced b…
24-5123 Angel Sanchez v. Teresa Cisneros, Warden Ninth Circuit 2024-07-23 Denied Response WaivedRelisted (2)IFP calcrim-375 constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fair-trial fifth-amendment fourteenth-amendment prior-acts sixth-amendment WheVW petitioner Was Denied His FiFtty 3/Xrh//Avui Fow+eetH AfoeYiWvif Right +0 Due process Av\H Ftxvo Tm\ Because ottt C0(avTS USe OF prior Acts In…
23-7799 Esther Martin v. Indiana Indiana 2024-06-25 Denied Response WaivedIFP competency competency-to-stand-trial counsel-performance due-process effective-assistance-of-counsel ineffective-assistance intellectual-disability post-conviction post-conviction-proceedings sixth-amendment The Fourteenth Amendment to the United States Constitution prohibits the trial of incompetent persons, and the Sixth Amendment entitles criminal defen…
23-7740 William H. Baker v. Angela Hunsinger-Stuff, Warden Sixth Circuit 2024-06-18 Denied IFP constitutional-rights due-process effective-assistance-of-counsel equal-protection fifth-amendment fourteenth-amendment miscarriage-of-justice procedural-default sixth-amendment Whether the procedural default creates a miscarriage of justice that denies Petitioner his fundamental rights to due process as guaranteed by the Fift…
23-1278 Tsai-Fen Lee v. Washington Washington 2024-06-06 Denied Response Waived appellate-review constitutional-rights criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance personal-restraint plea-bargaining right-to-counsel voluntariness-of-plea 1. Whether Trial Court erred in accepting defendant Tsai-Fen Lee to plead guilty when the plea was on its face equivocal. 2. Can Lee's guilty plea be…
23-1256 Donna Davis Javitz v. Luzerne County, Pennsylvania, et al. Third Circuit 2024-05-30 Denied civil-rights confrontation confrontation-rights due-process effective-assistance-of-counsel first-amendment-retaliation free-speech judicial-misconduct mistrial trial-fairness 1. Whether the Petitioner was denied the constitutional right to a fair trial in a First Amendment retaliation case when the judge: (1) struck Petitio…
23-7460 William Burton v. Brian Emig, Warden, et al. Third Circuit 2024-05-13 Denied IFP criminal-procedure effective-assistance-of-counsel evidentiary-stipulation fourteenth-amendment ineffective-assistance-of-counsel mccoy-v-louisiana plea-rights sixth-amendment strickland-standard Was Petitioner's Sixth and Fourteenth Amendment right to effective assistance of counsel violated when his trial attorney stipulated to the prosecutio…
23-7425 Orlando Bell v. United States District of Columbia 2024-05-08 Denied Response WaivedIFP compulsory-process conflict-of-interest criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance right-to-counsel sixth-amendment 1) Was counsel ineffective in not using compulsory process for obtaining witnesses, identified by the United States Park Police and the AUSA in the mo…
23-7406 Bobby Rouse v. United States Fifth Circuit 2024-05-07 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure due-process effective-assistance-of-counsel equal-protection ineffective-assistance-of-counsel pro-se pro-se-representation sixth-amendment 1. Is it a violation of appellant's Sixth Amendment constitutional rights for defense counsel to refuse to investigate the evidence and interview witn…
23-7302 In Re Michael A. Farrell 2024-04-24 Denied IFP 28-usc-2254d due-process effective-assistance-of-counsel equal-protection evidentiary-hearing fourteenth-amendment full-and-fair-hearing reasonable-doubt state-court Did the U.S. District Court violate petitioners XIV Amendment right to due process, equal protection of the law and 28 U.S.C. 2254(d) by failing to ho…
23-7278 Kasheen Samuels v. United States Second Circuit 2024-04-19 Denied Response WaivedIFP due-process effective-assistance-of-counsel fifth-amendment grand-jury indictment-modification jury-instructions sixth-amendment Did the Second Circuit err in failing to find that Kasheen Samuels' Fifth Amendment rights to an indictment by a Grand Jury and due process and his Si…
23-7231 Bryan Christopher O'Rourke v. Oklahoma Oklahoma 2024-04-16 Denied IFP 18-usc-921a33b 18-usc-922g9 constitutional-rights domestic-violence effective-assistance-of-counsel firearms-prohibition ineffective-assistance misdemeanor-domestic-violence padilla-precedent padilla-v-kentucky second-amendment Whether, pursuant to Padilla, counsel is a fortiori constitutionally deficient for failing to notify a United States citizen of the direct and/or coll…
23-7084 Gregory S. Kudla v. Kenneth Black, Warden Sixth Circuit 2024-03-27 Denied Response WaivedIFP appellate-procedure arbitrary-enforcement constitutional-vagueness discriminatory-enforcement due-process effective-assistance-of-counsel fourteenth-amendment sixth-amendment vagueness Is the undefined/ non-specific/ ambiguous language used in Ohio's App.R.26(B) (2) .(c) that results in arbitrary/ incon sistent/ and discriminatory e…
23-7000 Jereme Lee Escobedo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-03-15 Denied IFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection fifth-circuit-review ineffective-assistance-of-counsel jury-bias sex-crimes sixth-amendment QUESTION ONE: Does a criminal defendant charged with sex-crimes have the same Constitutional rights as a defendant charged with non-sex-crimes? QUES…
23-6999 Ronald Monique Best v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2024-03-15 Denied IFP constitutional-rights counsel-effectiveness criminal-procedure defendant-representation due-process effective-assistance-of-counsel jury-trial plea-bargaining right-to-counsel sixth-amendment trial-strategy L)W\ 3U\lV and punishment 'is 4he. sale, 'issue. Qor bhe. juri^'is i4 ever (ptrrms&ible 'vor cooesei bo motae. -Vine urn lateral decision 4o can eer…
23-951 Gordon Blake v. Martin Gamboa, Warden Ninth Circuit 2024-03-01 Denied Response Waived constitutional-rights due-process effective-assistance-of-counsel ex-post-facto notice statute-of-limitations substantial-sexual-conduct vagueness 1. Whether Ex Post Facto protections were denied by the extension of the state statute of limitations by an unforeseeable judicial interpretation of a…
23-953 Brandon Michael Council v. United States Fourth Circuit 2024-03-01 Denied Amici (3) circuit-split competency criminal-procedure defendant-rights due-process effective-assistance-of-counsel federal-death-penalty judicial-discretion mental-competence trial-competency In the middle of his federal death-penalty trial, Brandon Council had a delusional breakdown, asking his attorneys to "subpoena God." The District Cou…
23-6658 Ricky Johnson, aka Rodney Knuckles v. Harold May, Warden Sixth Circuit 2024-02-02 Denied IFP civil-rights collateral-review constitutional-challenge constitutional-rights due-process effective-assistance-of-counsel judicial-review ohio-supreme-court post-conviction procedural-rules revocation-hearing PV-ST-S l Ch hSfb\ £ /^~T (Of Ei^RqR. Loas de^hSicA fpfw- +o Pf\\rf KellQCjgj \/«.-Slna^nnAkp 4-C? F* 3d. £03? teVOCPftibti \)£&h/p <L)l\kJg.h, fHolr…
23-6536 Kidada Savage v. United States Third Circuit 2024-01-23 Denied Response WaivedIFP attorney-conflict-of-interest conflict-of-interest constitutional-rights due-process effective-assistance-of-counsel prejudice sixth-amendment trial-court-inquiry WHETHER THE THIRD CIRCUIT ERRONEOUSLY EXTENDED THIS COURT'S DECISION IN CUYLER V. SULLIVAN, 446 U.S. 335 (1980) BY HOLDING THAT EVEN WHERE A TRIAL COU…
23-6464 Michael Edward Aguilar v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2024-01-11 Denied Response WaivedIFP appellate-review certificate-of-appealability constitutional-interpretation criminal-appeal criminal-code due-process effective-assistance-of-counsel sixth-amendment state-law statutory-ambiguity timeliness Question not identified.
23-6460 Richard C. Duerson v. United States Sixth Circuit 2024-01-11 Denied Response WaivedIFP conspiracy criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel manifest-injustice newly-discovered-evidence pro-se rule-33 sixth-amendment supervisory-power 1. Given that Rule 33 of the Federal Criminal Rules of Procedure allows a court discretion to grant a new trial if the interest of justice require, …
23-6204 Angel Anthony Sanchez v. California California 2023-12-08 Denied IFP constitutional-rights due-process effective-assistance-of-counsel evidence-code fair-trial fifth-amendment fourteenth-amendment prior-acts-instructions sixth-amendment trial-procedure Whether petitioner was denied his Fifth, Sixth, and Fourteenth Amendment right to due process and fair trial because of the court's use of prior acts …
23-6108 Bryan Scott Cavett v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-11-27 Denied IFP compulsory-process constitutional-rights due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment subject-matter-jurisdiction trial-procedure Whether or not State violates an accused persons Due Process Rights when Texas High Court denies his State 11.07 Habeas Corpus, Without Written Order,…
23-564 Timothy Bing, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-11-27 Denied Response Waived due-process effective-assistance-of-counsel plea-bargaining plea-offer pretrial-investigation pretrial-motions sixth-amendment state-attorney Whether a policy by the State Attorney's Office which punished the petitioner for engaging in a pretrial investigation of his case as well as filing p…
23-444 Steven Lee Moss v. Gary Miniard, Warden Sixth Circuit 2023-10-27 Denied Response RequestedResponse WaivedRelisted (2) 6th-amendment counsel-denial cronic-exception effective-assistance-of-counsel ineffective-assistance prejudice sixth-amendment state-action strickland-standard strickland-v-washington united-states-v-cronic The question presented is whether, when counsel is physically present, state action is required before a court may find a complete denial of counsel u…
23-5695 Stephen Michael Michuda v. Minnesota Minnesota 2023-10-03 Denied Response WaivedIFP civil-rights constitutional-violation due-process effective-assistance-of-counsel indigent-defendants indigent-rights ineffective-assistance procedural-bar public-defender public-defenders time-bar 1. Is it unconstitutional for the State of Minnesota to block all avenues for indigent against public defenders? 2. Is it unconstitutional for the St…
23-5677 Rodtravion Woods v. Brian Cates, Warden Ninth Circuit 2023-09-29 Denied Response WaivedIFP constitutional-rights credibility credibility-challenge effective-assistance-of-counsel government-witness habeas-corpus impeachment-evidence ineffective-assistance prejudice sixth-amendment trial-counsel Was petitioner prejudicially denied his constitutional right to the effective assistance of counsel when his counsel failed to impeach a critical gove…
23-5574 Ramone L. Wright v. United States Sixth Circuit 2023-09-13 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel judicial-process notice-requirement self-representation sixth-amendment trial-preparation Question not identified.
23-5359 James Thomas Burke v. Nick Deml, Commissioner, Vermont Department of Corrections, et al. Second Circuit 2023-08-15 Denied Response WaivedIFP conflict-of-interest constitutional-rights criminal-procedure defense-counsel due-process effective-assistance effective-assistance-of-counsel right-to-counsel sixth-amendment #1. Whether Americans are lawfully entitled to conflict free defense counsel? #2. Whether Americans are lawfully entitled to effective assistance of …
23-5307 Curt Daniel Crowder v. Texas Texas 2023-08-09 Denied IFP appellate-process appellate-review constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance remedy right-to-counsel right-to-present-witnesses trial-procedure trial-process When a citizen is deprived of the right to present witnesses in his defense, and effective assistance of counsel, in both the trial and appellate proc…
23-5296 Leonel Marin-Torres v. United States Ninth Circuit 2023-08-07 Denied Response WaivedIFP criminal-justice-reform effective-assistance-of-counsel equitable-relief first-step-act guidelines-range ineffective-assistance pro-se-representation sentencing-guidelines sixth-amendment 1. Whether a district court, when deciding a First Step Act motion on the pleadings, complies with Concepcion v. United States, when it fails to calcu…
23-5203 Ronald Marion Carpenter v. Wisconsin Wisconsin 2023-07-26 Denied Response WaivedIFP confrontation-clause confrontation-rights credibility criminal-procedure due-process effective-assistance-of-counsel fair-trial ineffective-assistance-of-counsel mental-health-records THIS PETITION PRESENTS NOVEL QUESTIONS OF LAW, THE RESOLUTION OF WHICH WILL DEVELOP THE LAW AND HAVE NATIONWIDE IMPACT, WHILE ESTABLISHING A NEEDED AN…
23-5206 Francisco J. Castaneda v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-07-26 Denied Relisted (2)IFP civil-rights constitutional-rights criminal-convictions criminal-procedure detention-standards due-process effective-assistance-of-counsel interrogation-tactics law-enforcement police-questioning search-and-seizure Question not identified.
23A36 Jerry J. Davis, Jr. v. United States Sixth Circuit 2023-07-17 Presumed Complete 28-USC-2255 effective-assistance-of-counsel franks-issue habeas-corpus motion-to-suppress sixth-amendment Question not identified.
23-5003 Monty J. Banister v. Kansas Kansas 2023-06-30 Denied Response WaivedIFP criminal-procedure duty-to-consult effective-assistance-of-counsel ineffective-assistance notice-of-appeal post-conviction-relief roe-v-flores-ortega sixth-amendment trial-counsel Does this Court's decision in Roe v. Flores-Ortega, 528 U.S. 470 (2000), establish at least a rebuttable presumption that trial counsel has a Sixth Am…
22-7895 Anthony James Merrick v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2023-06-29 Denied Response WaivedIFP actual-innocence certiorari-appeal civil-rights constitutional-violation due-process effective-assistance-of-counsel federal-court habeas-corpus ineffective-assistance standing l,, Whevs +V\e CooH cxtsc A-Yolo A c&oitset Kt\e**a AHc dltso-cX dew\«tf\cledi -W\e.vj re&jSedl Vvw\ -\V\oA 01^4 * ckcA +We Caor-V loCLve a_ cAlA^ *V…
22-7801 Immanuel Christian Price v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2023-06-16 Denied Response WaivedIFP 6th-amendment constitutional-claim counsel-performance due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance mixed-representation plea-bargaining post-conviction-relief procedural-default standing Question not identified.
22-7809 Brandy Bain Jennings v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-06-16 Denied IFP constitutional-rights due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance mitigation-evidence postconviction-proceedings postconviction-relief sixth-amendment strickland-standard strickland-v-washington Whether the Eleventh Circuit's analysis of ineffective assistance of counsel claims fails to protect the Sixth Amendment right to effective assistance…
22-7652 Mark A. Jones v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-05-26 Denied Response WaivedRelisted (2)IFP constitutional-rights counsel-communication criminal-procedure deadline-extension effective-assistance-of-counsel ineffective-assistance missouri-v-frye plea-bargaining sixth-amendment Whether this Court's holding in Missouri v. Frye, 566 U.S. 134 (2012), that an attorney has a duty pursuant to the Sixth Amendment to communicate a fo…
22-7595 Arnoldo Navarette v. Vincent Horton, Warden, et al. Tenth Circuit 2023-05-18 Denied Response WaivedIFP criminal-procedure effective-assistance-of-counsel evidence ineffective-assistance-of-counsel sixth-amendment trial h |Q\fy| C'vV €:M*r %.tf b | be vaU^^* "7 "lo^ »7 ti> ■ c\ -Vm ILO' r 3C k\ ^ % t hr. * {0icC^\^ ^ S' ^ v| ^<&
22-1097 Don Fitzgerald Hancock v. United States District of Columbia 2023-05-10 Denied Response Waived confrontation-clause due-process effective-assistance-of-counsel plain-error religious-freedom religious-garment sixth-amendment witness-testimony Petitioner was convicted of second degree murder based largely on the testimony of the sole witness to the killing, who placed Petitioner at the scene…
22-7426 George Donald Hatt, Jr. v. Washington Washington 2023-05-01 Denied IFP criminal-procedure effective-assistance-of-counsel informed-consent informed-decision mandatory-minimums offender-score plea-bargain plea-negotiations trial-strategy Does effective assistance of counsel in a plea bargain context require that counsel actually and substantially assist a client in deciding whether to …
22-7364 Matthew Caleb Ross v. Texas Texas 2023-04-25 Denied IFP civil-rights community-supervision constitutional-rights criminal-procedure discovery due-process effective-assistance-of-counsel evidence-review habeas-corpus ineffective-assistance texas-court I. PETITIONER QUESTIONS THE LEGALITY OF THE COURT OF OKLAHOMA APPEALS OFFICER'S DISMISSAL OF A WRIT OF HABEAS CORPUS TO ENJOIN COMMUNITY SUPERVISION N…
22-7349 Thomas J. M. Goodin v. United States Fifth Circuit 2023-04-21 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fifth-circuit habeas-corpus ineffective-assistance standing 1. Whether the Fifth Circuit clearly exceeded its authority by failing to consider Mr. Goodin's Motion to Supplement in support of his claim that tria…
22-7326 Quandraiko Hayes v. Mike Brown, Warden Sixth Circuit 2023-04-20 Denied Response WaivedIFP constitutional-rights cruel-and-unusual-punishment due-process effective-assistance-of-counsel ex-post-facto sentencing COURT OF APPEALS FOR THE SIXTH CIRCUIT THE U S UNREASONABLY DENIED PETITIONER, DUE PROCESS OF DUE PROCESS CLAUSE RIGHTS OF THE U.S. AMENDS V AND XIV…
22-7267 Lloyd Leslie Kindred v. T. Cisneros, Warden Ninth Circuit 2023-04-13 Denied IFP 6th-amendment constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process effective-assistance-of-counsel ineffective-assistance interest-of-justice outcome-determination prejudicial-error reasonable-probability sixth-amendment Brawnds(f), tas J deated the 6TH mend ment oF Heo VU, Lornctidubion: Ke oarebing Lown sed s Pray Mianee. Wa ad teas onobhy et&ti ve"and Hrat Here /5 a…
22-7256 Mickey Wahl v. Kris Mayes, Attorney General of Arizona, et al. Ninth Circuit 2023-04-11 Denied IFP certificate-of-appealability constitutional-rights effective-assistance-of-counsel fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel ninth-circuit sixth-amendment uncertified-issues I. Whether Mr. Wahl Was Denied His Right To Effective Assistance Of Counsel In Violation Of The Guarantees Of The Sixth & Fourteenth Amendments? II. …
22-7173 Marty Tarell Gaston v. North Carolina Fourth Circuit 2023-04-03 Denied IFP constitutional-rights due-process effective-assistance-of-counsel fair-trial motion-for-appropriate-relief state-court state-laws 1. Did the North Carolina State Superior Court deny this Petitioner actual justice in the face of established State laws allowing the filing of a se…
22-7122 Quintel West v. Fredeane Artis, Acting Warden Sixth Circuit 2023-03-27 Denied Response WaivedIFP due-process effective-assistance-of-counsel expert-testimony fourth-amendment probable-cause prosecutorial-misconduct reckless-driving sixth-amendment warrantless-arrest I Detective Doyle testified that petitioner was arrested without a warrant for reckless driving. The reckless driving allegation is not supported by a…
22-7000 Nickless Whitson v. United States Sixth Circuit 2023-03-13 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel ex-post-facto fair-trial prosecutorial-misconduct right-to-counsel sixth-amendment I- fj/l/l. UJHTrf^Aj Cd//r£/vX>5 '7'MA'T t/e /<l€C€i-v<~o 7A£Ff£errve. A5S7 s7AAC f o p CauAJsec Du/txbQ {~pzs 7^/to Afcode^cn&jci xA OJftecH Vep&z'…
22-850 Jacqueline Graham v. United States Second Circuit 2023-03-08 Denied Response Waived effective-assistance-of-counsel party-presentation-rule plea-bargaining sixth-amendment united-states-v-sineneng-smith waiver 1. Whether a defendant waives her Sixth Amendment claim by not asking the trial court to reinstate a plea offer that expired before her counsel convey…
22-6939 Francisco Flores v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-03-06 Denied IFP appellate-procedure circuit-court constitutional-rights due-process effective-assistance-of-counsel federal-appeals federal-review habeas-corpus mailbox-rule procedural-default Can a Clerk of a federal appellate court refuse to file a pleading by a State habeas petitioner seeking a Panel Rehearing from the denial of an applic…
22-6874 Anael Sainfil v. United States Second Circuit 2023-02-28 Denied Response WaivedIFP body-armor-enhancement due-process effective-assistance-of-counsel insufficient-evidence jackson-v-virginia miranda-rights miranda-v-arizona sixth-amendment 1. May this Court's decision in 99, S. Ct. 2781, 61 LED 2d 560 443 U.S. 3079 Jackson v. Virginia as to what constitutes insufficient evidence be app…
22-6781 Samuel Adkins v. Texas Texas 2023-02-14 Denied IFP attorney-client-relationship criminal-trial effective-assistance-of-counsel habeas-corpus ineffective-assistance pre-trial-proceedings sexual-abuse sixth-amendment trial Did the state court err when it held that Petitioner's Sixth Amendment right to the Effective assistance of counsel was not violated where Petitioner …
22-6670 Jimmy Ray Lacy, Jr. v. Chandler Cheeks Sixth Circuit 2023-02-01 Denied Response WaivedIFP brady-v-maryland brady-violation due-process effective-assistance-of-counsel fair-trial fourteenth-amendment jailhouse-informant prosecutorial-misconduct sixth-amendment 1. Was Jimmy Ray Lacy Jr. denied a fair trial under the fourteenth amendment when a key state witness misled the jury as to the benefits received an…
22-6680 Michael Stapleton v. United States Eleventh Circuit 2023-02-01 Denied Response RequestedResponse WaivedRelisted (3)IFP aiding-and-abetting alien-smuggling circuit-split defective-indictment due-process effective-assistance-of-counsel jurisdiction pro-se-rights sixth-amendment No: 1 )Was the Court of Appeals wrong for failing to dismiss the defective indictment that created a split in circuits where the the Fifth and Ninth…
22-6592 James Stacey Harber v. United States Fifth Circuit 2023-01-23 Denied Response WaivedIFP certificate-of-appealability criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance plea-bargaining section-2255 sentencing 1. Was Mr. Harber denied the effective assistance of counsel at the plea and sentencing phase of trial? 2. Did the district court err by denying Mr. …
22-6435 Willie Tyrone Shipley v. D. Holbrook Ninth Circuit 2022-12-30 Denied Response WaivedIFP civil-rights confrontation constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence fourteenth-amendment prosecutorial-discretion sixth-amendment witness-testimony 1.) Is a defendant deprived of his right to Confrontation and due Process within the meaning of the Sixth, and Fourteenth Amendments Whea the District…
22-6436 Timothy D. Robertson v. Illinois Illinois 2022-12-30 Denied IFP due-process effective-assistance-of-counsel post-conviction-petition prior-conviction reversal sentencing sentencing-error sixth-amendment 1). Did Petitioner Robertson Establish and Show "Cause" for filing a Successive Post Conviction Petition by Advancing an Overwhelmingly Substantial "M…
22-6403 Marco D. Martin v. Fredeane Artis, Acting Warden Sixth Circuit 2022-12-28 Denied Response WaivedIFP due-process effective-assistance-of-counsel electronic-monitoring ex-post-facto lifetime-electronic-monitoring plea-bargaining plea-offer sixth-amendment Whether the trial court denied Petitioner his Fifth, Sixth, and Fourteenth Amendment rights, where the state injected issues broader than the Petition…
22-6221 Oscar J. Martinez-Hernandez v. United States First Circuit 2022-12-05 Denied Response WaivedIFP conflict-of-interest due-process effective-assistance-of-counsel fifth-amendment prosecutorial-misconduct sixth-amendment A. WHETHER FORMER PROSECUTOR WHO INSTITUTED THREE INDICTMENTS AGAINST A DEFENDANT AND 12 YEARS LATER DECIDES TO DEFEND HIM UNDER THE SAME THREE INDICT…
22-6180 Alvaro Noe Mendoza-Valencia v. Oregon Oregon 2022-11-30 Denied Response WaivedIFP attorney-client-relationship criminal-trial due-process effective-assistance-of-counsel ineffective-assistance jury-trial right-to-counsel sixth-amendment substitution-counsel 1. Can a state trial court deny a criminal defendant's request for substitution counsel without any reasonable inquiry into trial counsel's performanc…
22-6149 Edgar Arellano v. California California 2022-11-23 Denied IFP assistance-of-counsel constitutional-rights criminal-justice-reform effective-assistance-of-counsel fourteenth-amendment mitigating-evidence senate-bill-1333 sentencing sentencing-hearing sixth-amendment WEATHER A Re - SeuJTEAICIAI^ HEARING^ .UNDER THE MEVJ . .. LaVJ SeMaTE 2mL\_ - 13^3, JbMT.TLES ft DEFENDANT __ The Hi^hT. _io _effective S-ixth — AMD-…
22-5955 Christopher Wade v. Florida Florida 2022-11-01 Denied IFP 14th-amendment 6th-amendment civil-rights conflict-of-interest constitutional-rights counsel-rights due-process effective-assistance effective-assistance-of-counsel petitioner-claims trial-court TVle PtfvfveyftPv /ip/Mtad His fct\/vM<liWKflT K\^VtT& To ew-wrtwii iass 'xstm^ of Mdiink uKitiam ukhtM srrtsTts oomst VW iom 3. ^ Wi^S 'VAt ^t~\\i\QU…
22-5846 Michael Pacelli v. United States Fourth Circuit 2022-10-18 Denied Response WaivedIFP 4th-amendment due-process effective-assistance-of-counsel exclusionary-rule fourth-amendment ineffective-assistance jurisdiction search-and-seizure statute-of-limitations warrantless-search 1. ) Can a law enforcement agency sieze evidence or record private phone calls without a warrant, and then use the gathered evidence against a defend…
22-5862 Gregory Ramos v. United States Second Circuit 2022-10-18 Denied Response WaivedIFP appeal constitutional-right criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel second-circuit sixth-amendment Whether the Second Circuit's determination that Petitioner was not denied his right to the effective assistance of counsel consistent with the Sixth A…
22-5724 In Re Chad Small 2022-09-30 Denied IFP compliance-with-rules constitutional-rights criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel knowingly-intelligently-voluntarily parties-to-proceeding sixth-amendment 1) WHETHER PETITIONER WAS DENIED HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL 2) WHETHER THE GUILTY PLEA WAS KNOWINGLY, INTELLIGENTLY…
22-5673 Juan Amaya Lozano v. Fredrick Entzel, Warden Eighth Circuit 2022-09-26 Denied IFP abuse-of-discretion criminal-procedure due-process effective-assistance-of-counsel interpreter-rights limited-english-proficiency sentencing sentencing-discretion sixth-amendment 1) Whether the District Court abused it's discretion after ruling that Juan Lozano, (a limited English Proficiency defendant), required a Spanish Inte…
22-5506 Kacey Lewis v. Angel Quiros, Commissioner, Connecticut Department of Correction Connecticut 2022-09-02 Denied Response WaivedIFP appellate-procedure appellate-review criminal-procedure criminal-trial due-process effective-assistance-of-counsel fair-trial habeas-corpus judicial-discretion state-court-proceedings I. WHETHER THE PETITIONER WAS' DEPRIVED OF HIS RIGHTS TO A FAIR ' TRIAL DURING HIS 2009 CRIMINAL TRIAL COURT PROCEEDINGS IN THE JUDICIAL'DISTRICT OF…
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…
22-5165 Daniel Boos v. Jermaine White, Warden Eleventh Circuit 2022-07-22 Denied Response WaivedIFP constitutional-rights criminal-procedure cumulative-error cumulative-prejudice due-process effective-assistance-of-counsel ineffective-assistance sixth-amendment trial-counsel trial-errors Question not identified.
21-8261 Elgin Z. Haynie v. Ohio Ohio 2022-06-29 Denied IFP appeal conviction due-process effective-assistance-of-counsel pro-se-representation sentencing own faulty pro se representation.
21-8279 Randy William Gay v. Arkansas Arkansas 2022-06-29 Denied IFP capital-defendant capital-punishment effective-assistance-of-counsel fair-jury fourteenth-amendment ineffective-assistance-of-counsel jury-selection sixth-amendment voir-dire 1. Whether a capital defendant's Sixth and Fourteenth Amendments rights to a fair and impartial jury and to the effective assistance of counsel are vi…
21-8188 Joe Davis, Jr. v. Florida Florida 2022-06-21 Denied IFP client-advice constitutional-rights criminal-procedure effective-assistance-of-counsel plea-bargaining plea-offer right-to-counsel sixth-amendment Whether the Sixth Amendment right to the effective assistance of counsel requires counsel to advise his client whether acceptance or rejection of a pl…
21-8174 Scott Svoboda v. Ohio Ohio 2022-06-17 Denied IFP attorney-client-privilege attorney-client-relationship confiscation criminal-procedure effective-assistance-of-counsel prosecutorial-misconduct right-to-counsel sixth-amendment trial-strategy Whether a criminal defendant is denied his right to the effective assistance of counsel when the prosecutor purposely interferes with the attorney-cli…
21-1562 Jermel Leon Reed v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2022-06-14 Denied Response Waived 14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment grand-jury grand-jury-indictment ineffective-assistance-of-counsel sixth-amendment A. Was Reed's right to a grand jury indictment secured by the Fourteenth and Fifth Amendment to the United States Constitution was violated when Reed …
21-8023 Xingfei Luo v. California California 2022-06-01 Denied IFP content-based-restriction content-based-restrictions dating-relationship effective-assistance-of-counsel first-amendment fourteenth-amendment nude-photography nudity privacy privacy-expectation Where an individual does not have a reasonable expectation of privacy in an image, the State's interest in protecting the individual's privacy interes…
21-7995 Joseph Kurz v. Tim Hooper, Warden Fifth Circuit 2022-05-27 Denied Response WaivedIFP constitutional-amendments criminal-procedure due-process effective-assistance-of-counsel ex-post-facto fifth-circuit fourteenth-amendment reasonable-jurists sixth-amendment (1) Whether the United States Fifth Circuit Court of Appeals and United States District Court for the Western District of Louisiana properly conclude …
21-7838 Leonardo Divinci Larck v. United States Eleventh Circuit 2022-05-11 Denied Response WaivedIFP communication-failure constitutional-rights criminal-procedure effective-assistance-of-counsel ineffective-assistance-of-counsel lapsed-plea-offer plea-bargaining plea-offer sixth-amendment Does the Sixth Amendment right to effective assistance of counsel require counsel to communicate a client's inquiry/response to a formal plea offer? …
21-7825 Charles Wycuff v. Ed Sheldon, Warden Sixth Circuit 2022-05-10 Denied Response WaivedIFP constitutional-amendments due-process effective-assistance-of-counsel equal-protection fifth-amendment fourteenth-amendment miscarriage-of-justice procedural-default sixth-amendment Whether the procedural default creates a miscarriage of justice that denies Petitioner his fundamental rights to due process as guaranteed by the Fift…
21-7797 Michael G. Peters v. Texas Medical Board Fifth Circuit 2022-05-06 Denied IFP administrative-law administrative-procedure agency-action breakdown-of-communication criminal-procedure due-process effective-assistance-of-counsel judicial-review right-to-counsel sixth-amendment statutory-interpretation substitute-counsel Question not identified.
21-7752 William Edward Gray v. Arkansas Arkansas 2022-04-29 Denied Response WaivedIFP appellate-review burden-of-proof due-process effective-assistance-of-counsel procedural-default sixth-amendment The Arkansas law of justification, or self-defense, on the date of Petitioner William Gray's offense, recognized the right of an individual to use dea…
21-7743 Matthew J. Kidder v. Nebraska Nebraska 2022-04-28 Denied Response WaivedIFP constitutional-rights counsel criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment habeas-corpus ineffective-assistance sentencing sixth-amendment state-court-jurisdiction Is ihe. 5^cde Coor-t re^c,;fed ie Keo^ c*/\ci rwxYe. o. cleAe.fi*' no. S'V+k. cxvdi ft)odee.r\Ui p£jM fs effective G S3'S^nce c? Cocosel cIcm S Tflue …
21-7731 Alonzo Bell v. Illinois Illinois 2022-04-27 Denied Response WaivedIFP 6th-amendment civil-rights constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence evidence-exclusion judicial-discretion proportionate-penalties sentencing Whether the Circuit Court erred in admitting Social Media evidence at trial. Whether Defendant was Denied His Constitutional right to the effective a…
21-7639 Elizabeth Carley v. Dwight Neven, Warden, et al. Ninth Circuit 2022-04-18 Denied Response WaivedIFP constitutional-interpretation constitutional-law effective-assistance-of-counsel fourth-amendment search-and-seizure sixth-amendment statutory-interpretation supreme-court-precedent Whether the 1) Fourth Amendment search and seizure issues, AND 2) Sixth Amendment effective assistance of counsel issues Herein were correctly interpr…
21-7607 Devunaire Damorea Sims v. Michigan Michigan 2022-04-13 Denied IFP appellate-counsel due-process effective-assistance-of-counsel evidentiary-hearing fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-hearing sixth-amendment I. Did the Michigan Supreme Court err in denying this issue when Petitioner was denied his Sixth Amendment right to the effective assistance of counse…
21-7572 Rebekah Rachell Shropshire v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-04-07 Denied IFP compulsory-process confrontation-clause due-process effective-assistance-of-counsel fair-trial right-to-present-a-defense I would like to Know wohy am I incarcerated and denied reliet from the state of Texas for the violation of my Constitutional rights after cessive dela…
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…
21-7492 In Re Jonathan Manwell 2022-03-29 Denied IFP appellate-review confrontation constitutional-rights counsel-of-choice criminal-procedure discovery due-process effective-assistance-of-counsel forensic-evidence impartial-tribunal DOES PETITIONER HAVE A CONSTITUTIONAL RIGHT TO LOCATED AND CONFISCATED EXCULPATORY FORENSIC EVIDENCE, TRANSCRIPTS AND DOCUMENTS NECESSARY FOR A MEANIN…
21-7456 Robert Earl Rowles v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-03-25 Denied IFP criminal-procedure effective-assistance-of-counsel evidentiary-hearing florida-law ineffective-assistance outcome-of-proceeding post-conviction reasonable-probability right-to-counsel sixth-amendment strategic-decision Whether a Petitioner who is serving a life sentence without the possibility of parole is denied his constitutional rights to counsel where counsel's r…
21-7401 Harold Edwards v. Nevada, et al. Ninth Circuit 2022-03-17 Denied Response WaivedIFP criminal-procedure due-process effective-assistance-of-counsel eighth-amendment fourteenth-amendment habitual-sentence liberty-interest sixth-amendment state-court state-procedure 1. Did The State/ District Court Judge's Failure To Abide By Nevada's State Procedural Law Violate My Constitutionally Protected Liberty Interest Unde…
21-7249 Jacob Ivan Hill v. United States Fourth Circuit 2022-03-02 Denied Response WaivedIFP capital-punishment civil-rights due-process effective-assistance-of-counsel ineffective-assistance mitigating-evidence prosecutorial-misconduct right-to-counsel self-defense sentencing-phase sixth-amendment Question not identified.
21-7218 Ryan Antonio Matthews v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-02-28 Denied Relisted (2)IFP due-process effective-assistance-of-counsel fifth-circuit-court fifth-circuit-court-of-appeals ineffective-assistance-of-counsel juvenile-certification precedent precedential-analysis standard-of-review Did Petitioner establish that jurists of reason could debate whether he was deprived of his right to the effective assistance of counsel at his juveni…
21-7189 Deimeyon Xavier Allen v. Vance Laughlin, Warden Georgia 2022-02-24 Denied Response WaivedIFP appeal certificate-of-probable-cause due-process effective-assistance-of-counsel right-to-be-present subpoena Is the Petitioner afforded due process when filing his Application For Certificate Of Probable Cause? Is the Georgia Supreme Court required to ensure…
21-7117 Frederick Allen v. United States Fifth Circuit 2022-02-15 Denied Response WaivedIFP civil-rights constitutional-rights due-process effective-assistance-of-counsel government-misconduct ineffective-assistance-of-counsel judicial-misconduct judicial-misrepresentation plagiarism witness-testimony WAS DUE PROCESS VIOLATED WHEN THE DISTRICT COURT PLAGIARIZED A 31-COUNT WORD-FOR-WORD/COMMA-FOR-COMMA MISREPRESENTATION ORIGINALLY ATTRIBUTABLE TO THE…
21-1072 Steven Carrol DeMocker v. Arizona Arizona 2022-02-02 Denied Response Waived constitutional-rights criminal-defense due-process effective-assistance-of-counsel federal-question implausible-defense ineffective-assistance-of-counsel legal-strategy right-to-counsel third-party-culpability This petition presents the question whether offering an implausible third-party culpability defense violates a defendant's right to the effective assi…
21-7026 Nehemias Samayoa v. United States District of Columbia 2022-02-01 Denied Response WaivedIFP appeal appeal-withdrawal civil-rights coercion dual-sovereignty due-process effective-assistance-of-counsel federal-jurisdiction indigent-defendant standing state-court-judgment When a federal court enters a judgment without proper jurisdiction, does it reach an opinion that would justify a recall of mandate?
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…
21-6759 Darla Ray Jones v. D. K. Johnson, Warden Ninth Circuit 2022-01-05 Denied Response WaivedIFP conflict-of-interest criminal-defendant criminal-threats drug-possession due-process effective-assistance-of-counsel forgery habeas-corpus prosecution prosecutorial-misconduct On de novo review, is a criminal defendant deprived of the effective assistance of counsel because of her lawyer's conflict of interest when, at the t…
21-6757 Dimitar Petlechkov v. United States Sixth Circuit 2022-01-04 Denied Response WaivedIFP certificate-of-appealability due-process effective-assistance-of-counsel fair-trial fifth-amendment first-amendment judicial-review judicial-reviewability perjury sixth-amendment Question 1: Is judicial reviewability of a trial attorney's failure to impeach a key prosecution witness with regard to the most critical and material…
21-6700 Tremaine Rashon Wray v. Dennis Bush, Warden Fourth Circuit 2021-12-22 Denied Response WaivedIFP appellate-procedure constitutional-rights due-process effective-assistance-of-counsel expert-witness forensic-evidence fourteenth-amendment ineffective-assistance-of-counsel post-conviction-review sixth-amendment Whether Petitioner was denied his Sixth Amendment right to effective assistance of counsel at the PCR hearing, by trial Counsel's failure to object to…
21-6564 Anthony Cruz v. California California 2021-12-13 Denied IFP civil-procedure civil-rights conclusion constitutional-provisions due-process effective-assistance-of-counsel jurisdiction reasons-for-granting standing statement-of-case writ Was my request for motions acknowledge during my Proceeding's of court How was my 6th and 14th Amendments violated? Is there sufficient evidence for…
21-6588 Amy Bishop Anderson v. Deidra Wright, Warden, et al. Eleventh Circuit 2021-12-13 Denied Response WaivedRelisted (2)IFP certificate-of-appealability claim-exhaustion cumulative-error effective-assistance-of-counsel exhaustion-of-remedies habeas-corpus ineffective-assistance-of-counsel merits-determination voluntariness-of-plea voluntary-plea Charged and convicted of capital murder, sentenced to Life Without Parole Question 1: Whether the 11th Circuit Court used a merits determination to d…
21-6363 Diane Arellano v. Jeremy Howard, Warden Sixth Circuit 2021-11-22 Denied Response WaivedIFP 6th-amendment appellate-review civil-rights constitutional-violation criminal-procedure cumulative-effect-of-error due-process effective-assistance-of-counsel ineffective-counsel miranda-rights sixth-amendment I. ft go against Krr USiCcKfr. Amend. \Z£rr'ght tc> 3. Speedy trial > that- 3-fi exiting d/>^ <Lcu t 8hi'm*?s t© r«^«ste>n£i v/iolafe h?c 7 0c« her re…
21-754 Travis Levi Parrott v. Murray Tatum, Warden Georgia 2021-11-22 Denied Response Waived appeal-denial certificate-of-appealability certificate-of-probable-cause constitutional-right effective-assistance-of-counsel extraneous-evidence georgia-supreme-court habeas-corpus ineffective-assistance-of-counsel prior-convictions procedural-default Whether the Georgia Supreme Court Erred in Denying Mr. Parrott's Application for Certificate of Probable Cause to Appeal the Denial of His Petition fo…
21-6227 Misael Cordero v. Jonathan Gramp, Administrator, East Jersey State Prison Third Circuit 2021-11-09 Denied IFP circuit-split due-process effective-assistance-of-counsel false-testimony government-misconduct habeas-corpus ineffective-assistance-counsel sixth-amendment 1. Which divided Courts of Appeals are correct: the Eleventh, Fifth and Second Circuits holding that a due process violation occurs when the governme…
21-6001 Terence Tramaine Andrus v. Texas Texas 2021-10-19 Denied Amici (8)Relisted (17)IFP capital-case criminal-procedure death-penalty effective-assistance-of-counsel habeas-corpus ineffective-assistance sixth-amendment stare-decisis strickland-v-washington vertical-stare-decisis I. On remand, did the Texas court reject this Court's conclusions in Andrus v. Texas, 140 S.Ct. 1875 (2020), which were amply supported by the habeas …
21-500 Francis Finster v. New York New York 2021-10-05 Denied constitutional-rights due-process effective-assistance-of-counsel equal-protection fraud-upon-the-court mode-of-proceedings-error waiver-of-indictment Under NY law the. trial court's failure to adhere to procedural requirements of the waiver of indictment process, constitutes a mode of proceedings …
21-431 Grant Lloyd Greenwood v. Minnesota Minnesota 2021-09-21 Denied Response Waived due-process effective-assistance-of-counsel fourteenth-amendment jury-instruction jury-instructions prosecutorial-misconduct sixth-amendment The question presented by this petition is whether a defendant's Sixth Amendment right to effective assistance of appellate counsel, and Fourteenth Am…
21-408 Gertrude Parker v. United States Fifth Circuit 2021-09-15 Denied Response Waived conspiracy-charge criminal-intent criminal-procedure effective-assistance-of-counsel general-verdict insufficient-evidence jury-verdict medicare medicare-statutes reasonable-interpretation sixth-amendment WHETHER PARKER WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL GUARANTEED BY THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION AS A RESULT OF HER TRIAL…
21-5546 Fernando Rodriguez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-01 Denied IFP conflict-of-interest counsel-switching due-process effective-assistance-of-counsel fifth-circuit fifth-circuit-review ineffective-assistance prosecutorial-ethics state-court state-legislature Mr. Rodriguez alleged that his appointed counsel for the offense in which he is currently incarceratedswitched sides and worked for the prosecution fo…
21-5539 James Takchuan Woo v. Colorado Colorado 2021-08-31 Denied IFP constitutional-rights continuance-request discovery-violation discovery-violations effective-assistance-of-counsel fair-trial harmless-error right-against-unlawful-search unlawful-search video-surveillance Whether the Colorado Court of Appeals erred in concluding that Woo's Constitutional rights to effective assistance of counsel and a fair trial were no…
21-5541 Dan Kenny Delva v. United States Eleventh Circuit 2021-08-31 Denied Response WaivedIFP constitutional-rights criminal-defendant criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel joint-trial right-to-counsel severance sixth-amendment trial-severance Whether it is debatable Mr. Delva was denied a Sixth Amendment right under the United States Constitution to effective assistance of counsel when his…
21-5377 Alexander Ascencio v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-08-16 Denied IFP due-process effective-assistance-of-counsel fourteenth-amendment habeas-corpus jackson-v-virginia sixth-amendment sufficiency-of-evidence watson-v-state WHETHER THE LOWER COURT DENIED PETITIONER DUE PROCESS, WHEN THE COURT DID NOT CONSIDERED THE SUFFICIENCY OF THE EVIDENCE ON THIS CASE WHICH WAS A CRUC…
21-5257 Jermaine Latwone Haynes v. Willis Chapman, Warden Sixth Circuit 2021-07-29 Denied Response WaivedIFP 14th-amendment 6th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fair-trial ineffective-assistance self-defense sentencing-mitigation Was Petitioner Denied His Constitutional Right To The Effective Assistance Of Counsel and A Fair Trial Proceeding, Pursuant To U.S. Const., Amends Vi,…
21-5236 Manvester Evans, III v. Georgia Georgia 2021-07-28 Denied IFP abandonment-of-counsel appellate-review constitutional-rights criminal-trial due-process effective-assistance-of-counsel ineffective-assistance out-of-time-appeal right-to-appeal right-to-counsel trial-court-discretion 1. Is the Abanoclon men 7 of couse l Loe rhe cleberclqurp Atzek a plea heaaive CL Seurencingy Of Couszizuriaual Ellec rive Assisvauce ot Counsel ° . …
21-5093 Stephen Dale Barbee v. Texas Texas 2021-07-15 Denied IFP autonomy-right capital-defendant capital-punishment effective-assistance-of-counsel florida-v-nixon habeas-corpus habeas-review ineffective-assistance mccoy-v-louisiana sixth-amendment trial-counsel 1) Whether the sate court's decision to foreclose habeas review of a capital defendant's claim under McCoy v. Louisiana contravenes federal law becaus…
20-8444 Dustin Melvin Davison v. Oklahoma Oklahoma 2021-06-29 Denied IFP autonomy constitutional-rights criminal-procedure defendant-autonomy defense-counsel due-process effective-assistance-of-counsel guilt-concession right-to-counsel sixth-amendment trial-strategy Is it unconstitutional to allow defense counsel to concede any aspect of guilt over defendant's unambiguously expressed desire to maintain actual inno…
20-8400 Daryl Wendell Barley v. United States Fourth Circuit 2021-06-24 Denied Response WaivedIFP clear-and-convincing-evidence criminal-procedure effective-assistance-of-counsel evidence-standard first-step-act preponderance-of-evidence relevant-conduct sec-404 sentencing-reduction sixth-amendment 1. Whether the "clear and convincing evidence standard" should be used instead of the "preponderance of evidence standard" when determining the releva…
20-8207 Bernier Gerard Jackson v. Florida Florida 2021-06-02 Denied IFP best-interest constitutional-rights criminal-defense criminal-procedure effective-assistance-of-counsel plea-bargaining plea-offer professional-responsibility right-to-counsel sixth-amendment Whether the Sixth Amendment right to the effective assistance of counsel requires counsel to advise his client to accept a plea offer which is clearly…
20-1649 Ronald Jeremy Hyatt v. California California 2021-05-26 Denied confrontation-clause due-process effective-assistance-of-counsel fourteenth-amendment preliminary-hearing sixth-amendment witness-disclosure Whether the prosecution may refuse to disclose the names and address of the 23 victims and additional witnesses it intends to call at petitioner's pre…
20-8125 Raymundo Eusebio-Noriega v. Brad Cain, Superintendent, Snake River Correctional Institution Ninth Circuit 2021-05-25 Denied Response WaivedIFP court-appointed-counsel due-process effective-assistance-of-counsel evidentiary-hearing habeas-corpus language-barrier miranda-rights motion-to-suppress self-incrimination voluntariness-of-statements 1. Where petitioner was denied Court appointed counsel by the District Court of Oregon, where such petitioner denied his Due Process of law, 1. where …
20-8068 Stephen Mark McDaniel v. Edward Philbin, Warden Georgia 2021-05-18 Denied Response WaivedRelisted (2)IFP certificate-of-probable-cause constitutional-rights due-process effective-assistance-of-counsel guilty-plea habeas-corpus ineffective-assistance plea-voluntariness weatherford-v-bursey This case presents several issues of fundamental importance to the legitimacy of the United States' court system and the right of its citizens to be h…
20-8035 James W. Moore v. Ohio Ohio 2021-05-14 Denied IFP 14th-amendment burden-of-proof castle-doctrine due-process duty-to-retreat effective-assistance-of-counsel fourteenth-amendment jury-instructions self-defense (1) Is Ohio's Castle Doctrine unconstitutional as it does not include one's entire property as the residence while a person acting in self-defense is …
20-8038 Shawn Grate v. Ohio Ohio 2021-05-14 Denied Relisted (2)IFP capital-punishment criminal-defendant criminal-defense death-penalty due-process effective-assistance-of-counsel ineffective-assistance-of-counsel insanity-defense mental-health mitigation 1. If a criminal defendant, charged with a death penalty-qualified offense, admit to murdering multiple women, and the only possible defense is a verd…
20-7801 Cody Lee Herman v. United States Sixth Circuit 2021-04-19 Denied Response WaivedIFP and sentencing stages plea constitutional-rights conviction criminal-procedure effective-assistance-of-counsel ineffective-assistance plea-bargaining plea-stage plea-stages pro-se-objections right-to-counsel sentence sentencing sentencing-stage A. Whether Petitioner's Right to the Effective Assistance of Counsel Was Violated During the Pretrial and Plea Stages of this Case Requiring That Peti…
20-7785 Kevino Graham v. United States Third Circuit 2021-04-15 Denied Response WaivedIFP constitutional-vagueness criminal-procedure criminal-statute due-process effective-assistance-of-counsel human-trafficking sixth-amendment statutory-interpretation vagueness (A.) "WHETHER PETITIONER GRAHAM WAS DENIED HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL WHEN COUNSEL FAILED TO CHALLENGE; "WHETHER 18 …
20-7739 Patrick J. Gage v. Reed A. Richardson, Warden Seventh Circuit 2021-04-14 Denied IFP constitutional-rights effective-assistance-of-counsel good-faith habeas-corpus reasonable-decision sixth-amendment state-criminal-defendants state-criminal-procedure Does habeas corpus exist for state criminal defendants? Does the Sixth Amendment Right to effective assistance of counsel exist for Gage? Is the sta…
20-7709 Alvin Henry v. United States Third Circuit 2021-04-09 Denied Response WaivedIFP brady-material brady-v-maryland due-process effective-assistance-of-counsel giglio-disclosure giglio-v-united-states prejudice-standard reasonable-probability third-circuit trial-counsel trial-procedure Whether the Third Circuit's focus on trial counsel's effective use of Brady/Giglio material at trial is consistent with this Court's uniform precedent…
20-7616 Deshun Thomas v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-03-31 Denied IFP constructive-denial cronic cronic-standard effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instructions sentencing sixth-amendment trial-counsel trial-strategy Is a defendant constructively denied the assistance of counsel under United States v. Cronic, 466 U.S. 648 (1984), when trial counsel tells the jury t…
20-7583 Thomas Mark Hild v. Colorado Colorado 2021-03-26 Denied IFP 6th-amendment autonomous-rights constitutional-procedure criminal-justice defendant-rights due-process effective-assistance effective-assistance-of-counsel habitual-criminal plea-bargaining plea-negotiations prior-convictions 1) Given this Court has ruled that our criminal justice system is largely a system of pleas rather than trials, is there a constitutional requirement …
20-1314 Joshua Gregory Richardson v. United States Fourth Circuit 2021-03-22 Denied Response Waived constitutional-rights effective-assistance-of-counsel evidence-suppression ineffective-assistance-of-counsel investigation legal-procedure paid-citation sixth-amendment traffic-stop unlawful-search Whether Counsel's decision not to suppress evidence unlawfully seized from a traffic stop because a traffic citation was paid, then relying on that pa…
20-1302 Casey A. McWhorter v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections, et al. Eleventh Circuit 2021-03-19 Denied 28-U.S.C-2254(d)(2) constitutional-rights criminal-defendant death-penalty-mitigation effective-assistance-of-counsel federal-review habeas-corpus impartial-jury ineffective-assistance jury-bias McDonough-Power-Equipment-v-Greenwood mitigation-evidence This case presents important issues concerning a criminal defendant's constitutional rights to an impartial jury and to the effective assistance of co…
20-1236 Jason Avery Anderson v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2021-03-08 Denied as-applied-challenge constitutional-challenge cruel-and-unusual-punishment due-process effective-assistance-of-counsel eighth-amendment fourteenth-amendment sixth-amendment va-code-18.2-361 va-code-18.2-366 A. Is Anderson is being subjected to cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution because Va. C…
20-7350 Adam DeVore v. Ohio Ohio 2021-03-05 Denied IFP due-process effective-assistance-of-counsel fourteenth-amendment government-misconduct indictment-misconduct manifest-miscarriage-of-justice sixth-amendment waiver-of-indictment The following questions presented involves a post-sentence withdraw of plea for government misconduct: 1) Is the service of a fake indictment ("warra…
20-7259 Juan Garcia v. United States Tenth Circuit 2021-02-26 Denied Response WaivedIFP certificate-of-appealability compulsory-process constitutional-rights criminal-procedure district-court due-process effective-assistance-of-counsel section-2255 sixth-amendment 1. Was petitioner denied his Constitutional right to effective assistance of counsel during his trial, that is guaranteed by the Sixth Amendment of th…
20-7252 John Raymond Travis v. California California 2021-02-25 Denied IFP capital-punishment cruel-and-unusual-punishment due-process effective-assistance-of-counsel fifth-amendment jury-instructions mitigating-factors sixth-amendment 1. May a trial court, consistent with the requirements of the federal Fifth, Sixth, Eighth and/or Fourteenth Amendment guarantees of a fundamentally f…
20-7053 Hector Manuel Torres v. Texas Texas 2021-02-05 Denied IFP effective-assistance-of-counsel equal-protection fourteenth-amendment ineffective-assistance plea-bargain retroactivity sixth-amendment strickland-standard In Ghaidez V United kStages. 56B U . S . 342( 2023 ) this court decided that Padilla V Kentucky , dis not apply retroactive and announced a new rule…
20-7009 Mark Rudolph Arsenio Reed v. Robert Toole, Warden, et al. Eleventh Circuit 2021-02-02 Denied Response WaivedRelisted (2)IFP civil-rights due-process effective-assistance-of-counsel equal-protection first-amendment fourteenth-amendment indigent-defendant motion-in-arrest sixth-amendment standing Georgia state law O.C.G.A. 17-9-61 provides the following: (a) When a judgement has been rendered, either party may move in arrest thereof for any def…
20-6856 Lavon Oden v. Neil Turner, Warden Sixth Circuit 2021-01-14 Denied Response WaivedRelisted (2)IFP confrontation-clause cross-examination effective-assistance-of-counsel hearsay hearsay-evidence ineffective-assistance prosecutorial-misconduct sixth-amendment Was LaVon Oden's Sixth Amendment:.Confrontation Clause right to directly confront witnesses; the right to cross examine adverse witnesses violated, wh…
20-6711 Pat Dee Leatherman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-12-29 Denied IFP 5th-amendment civil-rights due-process effective-assistance-of-counsel exculpatory-evidence fifth-amendment obstruction-of-justice prosecutorial-misconduct standing Question not identified.
20-6705 Ian LaMonte Cormier v. James Comey, et al. Ninth Circuit 2020-12-23 Denied IFP compulsory-process confrontation-clause due-process effective-assistance-of-counsel prosecutorial-misconduct sixth-amendment Question not identified.
20-6686 Benjamon Ray Stewart v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-12-22 Denied IFP appeal appellate-jurisdiction civil-rights constitutional-rights counsel-appointment due-process effective-assistance-of-counsel federal-criminal-procedure habeas-corpus standing supreme-court-review Question not identified.
20-6619 Pedro Carrasco, Jr., aka Pedro Carrasco v. United States Ninth Circuit 2020-12-14 Denied Response WaivedRelisted (2)IFP appellate-rights criminal-procedure dispositive-pretrial-motion effective-assistance-of-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining pretrial-motion right-to-appeal sixth-amendment Is a criminal defendant deprived effective assistance of counsel as guaranteed by the Sixth Amendment when counsel knowingly withholds from the trial …
20-6598 Stephen Frederick Baker, Jr. v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2020-12-10 Denied IFP civil-rights criminal-procedure discovery due-process effective-assistance-of-counsel equitable-tolling guilty-plea ineffective-assistance-of-counsel sixth-amendment Whether the petitioner is entitled to step through the gateway of equitible tolling? 1. Whether state courts determinations of trial counsels effecti…
20-6597 John Aguilar v. Willis Chapman, Warden Sixth Circuit 2020-12-10 Denied Response WaivedIFP change-of-venue constitutional-rights due-process effective-assistance-of-counsel fair-trial guilt ineffective-assistance-of-counsel prior-bad-acts prosecutorial-misconduct witness-testimony I. Is a Defendant denied the constitutional right to effective assistance of counsel and ultimately a fundamentally fair trial as guaranteed by the Un…
20-6588 Kenneth Scott Gordon v. United States Ninth Circuit 2020-12-09 Denied Response WaivedIFP adversarial-testing appellate-procedure certificate-of-appealability criminal-defense effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel meaningful-adversarial-testing prosecutions-case sixth-amendment Should a certificate of appealability issue because reasonabl e jurists would debate whether a criminal defendant was deprived of the effective assist…
20-6498 Tony Barksdale v. Jefferson Dunn, Commissioner, Alabama Department of Corrections Eleventh Circuit 2020-12-02 Denied IFP capital-punishment capital-sentencing certificate-of-appealability due-process effective-assistance-of-counsel eighth-amendment eleventh-circuit habeas-corpus sixth-amendment supreme-court-precedent 1. Did the Eleventh Circuit misconstrue this Court's guidance in, inter alia, Buck v. Davis, 580 U.S. ___, 137 S. Ct. 759 (2017), when it denied Petit…
20-721 Katie Garding v. Montana Montana 2020-11-24 Denied Response Waived 6th-amendment accident-reconstruction effective-assistance-of-counsel expert-testimony ineffective-assistance professional-norms sixth-amendment strickland-standard strickland-v-washington Whether trial counsel's failure to consult and call an expert witness in the field of accident reconstruction was objectively unreasonable under preva…
20-6368 In Re Richard J. Ramsey 2020-11-18 Denied IFP 6th-amendment civil-rights court-martial due-process effective-assistance-of-counsel jury-trial military-justice plea-bargain separation-of-powers sixth-amendment ucmj I. Whether military plea-bargains procedures are unconstitutional creating a lack of jurisdiction over petitioners court-martial therefore, making unl…
20-6317 Robert Petty v. Indiana Indiana 2020-11-13 Denied Response WaivedIFP appellate-review closing-arguments constitutional-rights due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel sentencing sixth-amendment trial-procedure 1. Whether the Indiana Courts erred denying Appellant was deprived effective assistance of trial counsel during closing arguments and sentencing viola…
20-6279 Bodhisattva Skandha v. Superior Court of Massachusetts, Middlesex County, et al. Massachusetts 2020-11-12 Denied IFP civil-procedure court-discretion due-process effective-assistance-of-counsel full-faith-and-credit full-faith-credit ineffective-assistance judicial-procedure mental-condition standing standing-doctrine WHETHER THE LOWER COURT ABUSED ITS DISCRETION BY DISMISSING THE COMPLAINT? WHETHER THE PLAINTIFF HAS STANDING ACCORDING TO THE UNITED STATES SUPREME …
20-6262 Daniel Twian Brown v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-11-10 Denied IFP certificate-of-appealability constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment fourth-amendment ineffective-counsel warrantless-arrest 1.) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that Warrantless Arrest was not…
20-6245 Jovon C. Davis v. Willis Chapman, Warden Sixth Circuit 2020-11-09 Denied Response WaivedIFP constitutional-rights due-process effective-assistance-of-counsel fair-trial fourteenth-amendment ineffective-assistance jury-selection sixth-amendment trial-counsel T. WHERE PETITIONER'S SIXTH AND FOURTEENTH AMENDMENT RIGHTS GUARANTEED UNDER THE U.S. CONSTITUTION AS WELL AS MICHIGAN CONSTITUTION OF 1963, ART.I, §2…
20-547 Luis Xadiel Cruz Vazquez v. United States First Circuit 2020-10-26 Denied Response Waived brady-violation certificate-of-appealability conflict-of-interest due-process effective-assistance-of-counsel mickens-v-taylor sixth-amendment united-states-v-decologero wheat-v-united-states 1. In refusing to issue a COA, did the First Circuit apply a novel, harsher standard requiring Petitioner to prove actual intent by conflicted counsel…
20-5988 Ziyad Yaghi v. United States Fourth Circuit 2020-10-09 Denied Response WaivedIFP appellate-review certificate-of-appealability due-process effective-assistance-of-counsel gvr plea-process sixth-amendment Whether this Court should GVR the lower court's decision denying a Certificate of Appealability in this case because its denial violates principles of…
20-5888 Burton Lee Smith v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-10-02 Denied IFP 404(b)-jury-instructions bruton-v-united-states certificate-of-appealability confrontation-clause constitutional-rights effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instructions mug-shot-identification severance-of-defendants sleeping-juror trial-procedure 1.) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that was not Denied His State…
20-5897 Demetrice Williams v. Sandy McCain, Warden, et al. Fifth Circuit 2020-10-02 Denied IFP certificate-of-appealability COA criminal-procedure criminal-prosecution denial effective-assistance-of-counsel equal-protection federal-district-court fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment A. WHETHER THE FEDERAL DISTRICT COURT SHOULD NOT HAVE DENIED COA BASED ON THE SUBSTANTIAL SHOWING OF THE DENIAL OF THE SIXTH AMENDMENT GUARANTEES OF T…
20-5860 Miguel Antonio Wooten v. Warren L. Montgomery, Warden Ninth Circuit 2020-09-30 Denied Response WaivedIFP county-of-riverside-v-mclaughlin criminal-procedure due-process effective-assistance-of-counsel fourth-amendment habeas-corpus probable-cause sixth-amendment 1. On habeas corpus revi ew of a state-court judgment under 28 U.S.C . § 2254, di d the Di strict Court fai l to uphol d peti tioner's Si xth Amendmen…
20-5768 RaySean D. Barber v. Todd Wasmer, Warden Eighth Circuit 2020-09-28 Denied IFP criminal-procedure due-process effective-assistance-of-counsel factual-basis information motor-vehicle-operation plea-colloquy proximate-cause Was Appellant denied Due Process of Law and Effective Assistance of Counsel where the charging document (information) did not include within the state…
20-5821 Calvin Simpson v. Illinois Illinois 2020-09-28 Denied IFP 5th-amendment 6th-amendment constitutional-rights criminal-procedure criminal-sexual-assault due-process effective-assistance-of-counsel ineffective-assistance prosecutorial-misconduct sexual-assault Question not identified.
20-5813 Glenn Young v. Darrel Vannoy, Warden Fifth Circuit 2020-09-25 Denied Response RequestedResponse WaivedRelisted (3)IFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment jury-conviction jury-trial non-unanimous-verdict sixth-amendment Is the State's evidence sufficient to sustain Young's non-unanimous conviction? Was Young entitled to a unanimous jury verdict under the Sixth and Fo…
20-5676 Leon Venegas, Jr. v. Randee Rewerts, Warden Sixth Circuit 2020-09-11 Denied Response WaivedIFP constitutional-right criminal-procedure due-process effective-assistance-of-counsel exculpatory-evidence faretta-inquiry ineffective-assistance jury-selection self-representation timely-request I. DOES A STATE TRIAL COURT DEPRIVE A CRIMINAL DEFENDANT OF HIS/HER CONSTITUTIONAL RIGHT TO SELF REPRESENTION WHEN THEY DENY THE DEFENDANTS UNEQUIVOCA…
20-5605 In Re Eric Wallace Koehl 2020-09-08 Denied Relisted (2)IFP 6th-amendment civil-rights compulsory-process criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel public-trial racial-bias sixth-amendment # 1.2) Does Not A CRIMiNAl defend any have A Const TvTien AL RIGHT 9 A Poblic RAR VRAL UNDER GTR AMEND MONT To THe Wwiten STaTes Constitvhen % # Q) a…
20-5524 Ranau D. Johnson v. Ohio Ohio 2020-08-26 Denied Response WaivedIFP appeal appellate-counsel appellate-procedure constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel ohio-appellate-rule sixth-amendment unit-of-prosecution Can the State Court deprive the Appellant the fundamental right to effective assistance of Appellate Counsel by denying an Appellant/Defendant the opp…
20-5483 Dion Black v. Norm Robinson, Warden Sixth Circuit 2020-08-25 Denied IFP certificate-of-appealability confrontation-clause confrontation-rights cross-examination double-inference-rule effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel sufficiency-of-evidence Should the petitioner have been granted a certificate of appealability where the State courtS/U.S. District Court and Sixth Circuit Court of Appeals d…
20-5448 Antonio Williams v. William J. Pollard, Warden Seventh Circuit 2020-08-21 Denied Response WaivedIFP aedpa-standards antiterrorism-and-effective-death-penalty-act appellate-counsel certificate-of-appealability constitutional-rights effective-assistance-of-counsel habeas-corpus habeas-relief ineffective-assistance interest-of-justice newly-discovered-evidence 1. Whether federal courts should or must consider the restrictive standards for granting habaes relief under the Antiterrorism and Effective Death P…
20-5427 Josiah Daniel Porter v. Illinois Illinois 2020-08-20 Denied Response WaivedIFP criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel judicial-cure plea-bargaining plea-stage sixth-amendment Whether a but-for causal relationship between the defendant's guilty plea and his counsel's deficiency is nullified by judicial plea admonitions addre…
20-5411 Kwame Anderson v. United States Second Circuit 2020-08-19 Denied Response WaivedIFP constitutional-rights effective-assistance-of-counsel federal-law presentence-report resentencing sentencing-procedure sentencing-proceeding 1. Whether the Court must settle an important question of federal law that has not been, but should be, regarding Petitioner's resentence that was imp…
20-189 Robert Barnes v. Bill Stange, Warden Missouri 2020-08-19 Denied Response Waived actual-innocence constitutional-claim cruel-and-unusual-punishment due-process effective-assistance-of-counsel gateway-claim habeas Did the Missouri courts err in failing to find that Petitioner had established a gate-way claim of actual innocence so that his defaulted constitution…
20-5325 Maurice Woodard v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2020-08-11 Denied Response WaivedIFP actual-innocence administrative-law civil-rights constitutional-law continuance due-process effective-assistance-of-counsel habeas-corpus judicial-review legal-procedure sixth-amendment statutory-interpretation Where the State postconviction courts assessment of Petitioner's Ineffective Assistance of counsel claim was "I guess the only potential issue would b…
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…
20-5304 Stephon Williams v. United States Eleventh Circuit 2020-08-07 Denied Response RequestedResponse WaivedRelisted (2)IFP adverse-effect conflict-of-interest criminal-trial cross-examination effective-assistance-of-counsel eleventh-circuit right-to-counsel sixth-amendment supreme-court-precedent witness-representation Whether Mr. Williams' Sixth Amendment right to conflict-free counsel was violated when his trial counsel simultaneously represented a witness testifyi…
20-5281 Steven Robinson, aka Michael Moore v. United States District of Columbia 2020-08-06 Denied Response WaivedIFP civil-procedure civil-rights due-process effective-assistance-of-counsel equal-protection fifth-amendment fourteenth-amendment free-speech self-incrimination sixth-amendment standing I. WAS PETITIONER'S FIFTH AMENDMENT COMPULSORY SELF INCRIMINATION WAS VIOLATED BECAUSE THE PROSECUTING ATTORNEYS GLENN KIRSCHNER AND NIHAR MOHANTY TH…
20-120 Alfredo Juarez v. Colorado Colorado 2020-08-04 Denied Response RequestedResponse WaivedRelisted (2) criminal-procedure deportation effective-assistance-of-counsel guilty-plea immigration immigration-consequences padilla-standard padilla-v-kentucky sixth-amendment When there is no dispute that a guilty plea will trigger mandatory deportation pursuant to federal law, must defense counsel advise a noncitizen-defen…
20-5196 David McConnell v. Florida Florida 2020-07-31 Denied IFP cooperation-with-state criminal-investigation criminal-procedure effective-assistance-of-counsel fourteenth-amendment ineffective-assistance-of-counsel murder murder-prosecution prosecutorial-conflict sixth-amendment 1. Does counsel under the Fourteenth and Sixth Amendment have an obligation to effectively assist a defendants cooperation with the State in a murder…
20-5171 Cedric Watkins v. Kenneth D. Hutchison, Warden, et al. Sixth Circuit 2020-07-24 Denied IFP constitutional-rights credibility-of-witnesses due-process effective-assistance-of-counsel evidence-sufficiency fourteenth-amendment ineffective-assistance jackson-v-virginia sixth-amendment witness-credibility This case presents two important nationwide issues. The first issue concerns an inappropriate application of a U.S. Supreme Court precedent and whethe…
20-5129 David Aziel Sheer v. Patrick Warren, Warden Sixth Circuit 2020-07-21 Denied Response WaivedIFP certificate-of-appealability confrontation-clause effective-assistance-of-counsel fair-trial fourteenth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment I. WHETHER THIS COURT SHOULD ISSUE A WRIT OF CERTIORARI IN ORDER TO CORRECT THE SIXTH CIRCUITS DECISION IN DENYING PETITIONER A CERTIFICATE OF APPEALA…
20-5105 David Scott Temple v. Darrel Vannoy, Warden Fifth Circuit 2020-07-17 Denied Response WaivedIFP constitutional-rights due-process effective-assistance-of-counsel fourteenth-amendment guilty-plea louisiana-constitution plea-bargaining sixth-amendment standard-of-review strickland-standard strickland-v-washington 1. Reasonable jurists would determine that Mr. Temple was denied effective assistance of counsel as guaranteed by the Sixth Amendment to the United St…
20-34 Anthony Thomas Grimes v. Kentucky Kentucky 2020-07-16 Denied Response Waived criminal-defense criminal-procedure effective-assistance-of-counsel parole-eligibility plea-bargaining plea-negotiation prejudice-standard sentencing sentencing-information sexual-offender-registration sixth-amendment strickland-v-washington Whether the Kentucky Court of Appeals has diminished and violated the federal constitutional guarantee of effective assistance of counsel in the pretr…
20-5025 Eddie Matthew Amos v. Tommy Bowen Eleventh Circuit 2020-07-13 Denied Response WaivedRelisted (2)IFP convicted-felon criminal-defense criminal-procedure effective-assistance-of-counsel fair-trial felon-in-possession firearm-possession ineffective-assistance-of-counsel jury-instructions self-defense (Ground One): Is a criminal defendant, who is also a previously convicted felon, denied a fair trial and the effective assistance of counsel when de…
19-8861 Fikri Aptiliasimov v. Pennsylvania Pennsylvania 2020-06-30 Denied IFP constitutional-law constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment judicial-bias judicial-impartiality judicial-recusal recusal WHETHER THE TRIAL COURT JUDGE"S, A FORMER PROSECUTOR OF APPELLANT'S PRIOR CRIMINAL TRIAL, REFUSAL TO RECUSE HIMSELF AND HIS SUBSEQUENT JUDICIAL PART…
19-8795 Jeremia Joseph Loper v. Nate Knutson, Warden Eighth Circuit 2020-06-23 Denied IFP adversarial-testing appellate-counsel appellate-review constitutional-rights due-process effective-assistance-of-counsel exculpatory-evidence fair-trial ineffective-assistance procedural-default 1. Was Mr. Loper denied the right to a fair trial and the effective assistance of counsel when his trial attorney failed to investigate readily availa…
19-8715 Timothy Robert Treffinger v. United States Eleventh Circuit 2020-06-15 Denied Response WaivedIFP curtilage effective-assistance-of-counsel fourth-amendment knock-and-talk law-enforcement privacy-expectation reasonable-expectation-of-privacy search-and-seizure Question 1: Do law enforcement officers have an implied license to cross the clearly marked and defined curtilage of a home to conduct a "knock and …
19-8593 Damon Christopher Crim v. Ohio Ohio 2020-06-03 Denied Response WaivedIFP criminal-procedure effective-assistance-of-counsel fourteenth-amendment guilty-plea ineffective-assistance misunderstanding plea-bargain sixth-amendment I. When the record reveals that a criminal defendant misunderstands a key element of a plea bargain is his guilty plea void? II. When defense counsel…
19-8470 Raymond K. Walker v. United States Eighth Circuit 2020-05-15 Denied Response WaivedIFP 6th-amendment civil-rights constitutional-right counsel-refusal court-order due-process effective-assistance-of-counsel ineffective-assistance judicial-review procedural-default right-to-counsel sixth-amendment 1. Refusal of Price Counsel to Comply TUS XC.5 Continual request asad Couch orders bo file aaa tbiduvik telttiag ollesabtons of imeQte ecdiveness c…
19-8442 Erica J. Walker v. Florida Florida 2020-05-12 Denied Response WaivedIFP competency criminal-procedure due-process effective-assistance-of-counsel fair-proceeding fifth-amendment fourteenth-amendment ineffective-assistance insanity mental-health mental-health-evaluation I. Was the Petitioner's right to a fair proceeding, effective assistance of counsel and Due Process of law violated when trial counsel LeRonnie Mason …
19-8324 James William Hornsby v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-04-21 Denied IFP adversarial-process brain-injury constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance right-to-counsel sixth-amendment strickland-v-washington (1) Whether the district courts denial of relief and determination of whether a breakdown in the adversarial process was created by the trial courts …
19-8297 Leif O'Connell v. Dushan Zatecky Seventh Circuit 2020-04-19 Denied Response WaivedIFP appellate-counsel appellate-procedure constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance insanity-defense plea-bargaining prosecutorial-misconduct sixth-amendment (Issue added by the State Attorney General on Appeal not heard in post conviction court used to affirm appeal failing to address the claims below). Th…
19-8220 Jorge Macli v. United States Eleventh Circuit 2020-04-08 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel plea-bargaining right-to-trial sixth-amendment trial-choice 1. Whether the Petitioner was denied his Sixth Amendment right to effective assistance of counsel where the record was clearly established that defens…
19-1159 Michael Bouchard v. United States Second Circuit 2020-03-23 Denied Response Waived 6th-amendment brady-giglio-jencks brady-violation certificate-of-appealability criminal-procedure due-process effective-assistance-of-counsel ex-post-facto false-statements false-statements-statute ineffective-assistance ineffective-assistance-of-counsel mortgage-lending retroactivity sixth-amendment I. Under the "false statements statute", 18 U.S.C. §1014, it is a crime to knowingly make "any false statement or report ... for the purpose of influe…
19-7994 David Armondo Butler v. Florida Florida 2020-03-16 Denied Response WaivedIFP adversarial-conflict Confrontation-Clause criminal-procedure Due-Process effective-assistance-of-counsel evidence-preservation Evidentiary-Issues Fourteenth-Amendment ineffective-assistance prior-acts-of-violence prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-counsel strategic-decision video-footage Did court-appointed counsel deprive Petitioner of the Sixth Amendment guarantee obtain the video footage were being made create an adversarial conflic…
19-7939 Robert James Pope, Jr. v. Wisconsin Wisconsin 2020-03-10 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal appellate-rights constitutional-right constitutional-rights criminal-procedure effective-assistance-of-counsel forfeiture ineffective-assistance-of-counsel presumption-of-prejudice pro-se pro-se-appeal right-to-appeal sixth-amendment trial-counsel Where trial counsel's ineffectiveness in failing to initiate an appeal results in a defendant's loss of appellate rights, can the constitutional right…
19-7890 Kevin Michael-Ferdinand Richards v. Michigan Michigan 2020-03-06 Denied IFP abuse-of-discretion coercion constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel plea-coercion plea-understanding plea-withdrawal trial-court-discretion I. Did The TriAl Court Abuse It's Discretion When It Denied Pla WithdrAwal Under MCR 6.3IOcB); Mr. RicHaRds HAs A Due Process Right To PleA Withdrawal…
19-7886 Dennis Mahon v. United States Ninth Circuit 2020-03-05 Denied Response WaivedIFP certificate-of-appealability constitutional-claim constitutional-review custodial-interrogation district-court effective-assistance-of-counsel functional-equivalent-of-interrogation judicial-disagreement legal-standard magistrate-judge miranda-v-arizona right-to-silence substantial-showing The question presented, then, is whether the lower courts err in failing to find that a defendant made a substantial showing that jurists of reason co…
19-7743 Robert Paul Langley, Jr. v. Oregon Oregon 2020-02-24 Granted IFP appointment-of-counsel attorney criminal-procedure marion-county-circuit-court oregon-supreme-court state-court-procedure breakdown-in-communication criminal-procedure effective-assistance-of-counsel indigent-defendant right-to-counsel sixth-amendment Question not identified.
19-7621 Allanah Benton v. Shawn Brewer, Warden Sixth Circuit 2020-02-10 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-counsel appellate-procedure constitutional-law constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel ineffective-assistance-of-counsel right-to-counsel sixth-amendment trial-counsel DID THE STATE AND FEDERAL COURTS VIOLATE MS. BENTON'S RIGHT TO EFFECTIVE ASSISTANCE OF TRIAL AND APPELLATE COUNSELS IN VIOLATION OF U.S. CONSTITUTIONA…
19-7611 D'Marlo Levonne Faulk Johnson v. North Carolina North Carolina 2020-02-10 Denied IFP 6th-amendment appeal-process appellate-process constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal post-conviction right-to-counsel sixth-amendment Does the Sixth Amendment Right To Counsel extend to the Appellate process? Whether the effective assistance of Counsel when Petitioner are to they re…
19-7601 Craig K. Garrett v. Joseph Madder, et al. Ninth Circuit 2020-02-10 Denied IFP civil-rights constitutional-rights criminal-procedure digital-privacy due-process effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel law-enforcement probable-cause prosecutorial-misconduct public-defender right-to-counsel search-and-seizure state-attorney Question not identified.
19-992 Greg Skipper, Warden v. Curtis Jerome Byrd Sixth Circuit 2020-02-07 Denied Amici (1) constitutional-rights criminal-procedure effective-assistance-of-counsel fair-trial hypothetical-plea-offer lafler-v-cooper plea-bargaining sixth-amendment trial-rights Does the Sixth Amendment right to effective assistance of counsel include the right to a plea offer that was never made?
19-7545 Willie Palmer v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-02-04 Denied Response WaivedIFP 6th-amendment abandonment effective-assistance-of-counsel evidentiary-hearing ineffective-assistance jury-instruction jury-instructions postconviction-relief rule-3.850 sixth-amendment unreasonable-determination-of-facts Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court when they d…
19-7485 Michael J. Aguon v. Warren L. Montgomery, Warden, et al. Ninth Circuit 2020-01-29 Denied Response WaivedIFP certificate-of-appealability confrontation-clause confrontation-clause-crawford-v-washington crawford-v-washington due-process effective-assistance-of-counsel gang-expert ineffective-assistance-of-counsel miranda-v-arizona miranda-warnings police-investigation police-officer-gang-expert prosecutorial-misconduct testimonial-hearsay IN LIGHT OF THE FACT THAT THE PROSECUTION'S GANG EXPERT IS AND WAS AT ALL TIMES A POLICE OFFICER ENGAGED IN INVESTIGATING CRIMES WHEN INTERVIEWING ALL…
19-7303 Michael W. Smith v. Illinois Illinois 2020-01-16 Denied IFP civil-commitment civil-rights constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel mental-competency plea-agreement plea-bargaining sexually-violent-person sixth-amendment Does the Petitioner have a Legal right by the U.S. Constitution and the Illinois Constitution, State law to be admonished about indefinite involuntary…
19-7168 Tracy Eugene Johnson v. Illinois Illinois 2020-01-03 Denied IFP burglary constitutional-rights Direct-appeal due-process effective-assistance-of-counsel Failure-to-prove-essential-elements-of-offense fourteenth-amendment Fourteenth-Amendment-due-process Post-trial-motion reasonable-doubt sixth-amendment Sixth-Amendment-right-to-effective-assistance-of-c 1.) WHEATHER PETITIONER WAS DENIED HIS SIXTH AMENDMENT CONSTITUTIONAL RIGHT TO THE EFFECTIVE ASSISTANCE OF APPELLATE COUSEL FAILURE TO RAISE THE VALID…
19-7120 Gilbert Sanchez v. Texas Texas 2019-12-31 Denied IFP apprendi-v-new-jersey blakely-v-washington criminal-appeals criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment habeas-corpus in-re-winship jury-trial right-to-trial-by-jury sixth-amendment texas-constitution 1. Is the Fourteenth Amendment of the United States Constitution violated when the Texas Court of Criminal Appeals denies an Applicant habeas relief b…
19-7090 Warren Evans, Jr. v. United States Fourth Circuit 2019-12-30 Denied Response WaivedIFP appeal appellate-procedure attorneys-fees copyright-law copyright-registration effective-assistance effective-assistance-of-counsel federal-rules-of-appellate-procedure flores-ortega 19-708" ineffective-assistance-of-counsel infringement notice-of-appeal publication-status registration-accuracy right-to-counsel roe-v-flores-ortega sixth-amendment Whether a court can invalidate a copyright registr 1. Whether application of the deadline for filing a Notice of Appeal under the Federal Rules of Appellate Procedure violates the appellant's right to …
19-7087 Anthony May v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2019-12-30 Denied Response WaivedIFP due-process effective-assistance-of-counsel equitable-tolling extraordinary-circumstances ineffective-assistance low-iq manifest-injustice mental-retardation 1) WHETHER PETITIONER'S "MENTAL RETARDATION" AND "LOW IQ" "EXTRAORDINARY CIRCUMSTANCES" IN WHICH "EQUITABLE TOLLING" SHOULD BE APPLIED TO AVOID A MANI…
19-7066 Evaristo Toscano v. Joe A. Lizarraga, Warden Ninth Circuit 2019-12-26 Denied IFP 6th-amendment confrontation-clause due-process effective-assistance-of-counsel evidence-tampering harmless-error judicial-bias prejudice-comments redacted-statement right-to-counsel right-to-present-defense sixth-amendment Whether a violation of petitioner's right granted by the Confrontation Clause of the United States Constitution was harmless beyond a reasonable doubt…
19-7025 Michael Feliciano v. George Miller, Superintendent, State Correctional Institution at Waymart, et al. Third Circuit 2019-12-20 Denied Response WaivedIFP carrier due-process effective-assistance-of-counsel eyewitness eyewitness-testimony in-re-winship ineffective-assistance investigation jury-instructions reasonable-doubt sixth-amendment strickland strickland-standard 1. Is the State court of last resort and U.S. Court of Appeals decision which denied petitioner's claim that he was deprived of his Sixth Amendment ri…
19-7024 Germira Lamar Carter v. Michigan Michigan 2019-12-19 Denied Response WaivedIFP constitutional-violation criminal-conviction criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel sixth-amendment strickland-test WHERE THE STATE COURTS OF MICHIGAN HAS CONVICTED A CRIMINAL DEFENDANT IN VIOLATION OF HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL, IS…
19-7015 In Re Michael F. Harris 2019-12-19 Denied Response WaivedIFP civil-rights constitutional-rights criminal-justice-system due-process effective-assistance-of-counsel fair-trial judicial-misconduct malicious-prosecution presumption-of-innocence prosecutorial-misconduct right-to-jury state-actors witness-tampering (1). Whether, in fairness to judicial proceedings, can an attorney of record brazenly ignore his client's instructions during the Direct Appeal proces…
19-6970 Monty Dwayne Sullivan v. Wyoming Wyoming 2019-12-18 Denied Response WaivedIFP 14th-amendment 5th-amendment 6th-amendment access-to-courts brady-v-maryland civil-rights constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance prosecutorial-misconduct 1. Was Sullivan deprived of his Rights by all the lower Courts? These questions have been asked and not resolved by the lower Courts. 2. Was Sullivan…
19-6846 James W. Riley v. Dana Metzger, Warden, et al. Third Circuit 2019-12-05 Denied Response WaivedRelisted (2)IFP appeal-as-of-right constitutional-interpretation criminal-procedure due-process effective-assistance-of-counsel habeas-corpus judicial-review legal-precedent right-to-counsel sixth-amendment standing state-court statutory-analysis third-circuit-court Where the tril judge failed to revew evidence of trial coursel's gross misconduct of Fraud identical to the issues addressed in this Court's decision …
19-6781 Donato Luna-Quintero v. Indiana Indiana 2019-11-29 Denied Response WaivedIFP constitutional-rights due-process effective-assistance effective-assistance-of-counsel foreign-defendant jury-trial language-barrier language-barriers limited-english-proficiency right-to-counsel waiver Is a defendant's constitutional right to a jury trial properly waived, and is counsel providing effective assistance, when the defendant, a foreign ci…
19-6573 Garron Gonzalez v. United States Eighth Circuit 2019-11-12 Denied Response WaivedIFP 4th-amendment cell-phone cell-phone-privacy civil-rights constitutional-rights digital-evidence effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel probation probation-search search-and-seizure suppression-of-evidence unreasonable-search Whether the Fourth Amendment required suppression of evidence found during Warrantless interception of Cell phone? Did the Probationer's search condi…
19-602 Chesley Eugene Saunders v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-11-08 Denied Response Waived attorney-client-relationship confidential-information criminal-trial due-process effective-assistance-of-counsel fair-trial fundamental-fairness judicial-bias judicial-recusal professional-misconduct recusal sixth-amendment 1. Whether the Due Process Clause of the United States Constitution and the Constitutional Guarantees of a Fundamentally Fair Trial permit a criminal …
19-6534 Saad Bahoda v. Sherman Campbell, Warden Sixth Circuit 2019-11-06 Denied Response WaivedIFP appellate-procedure Bunkley-v-Florida conflict-of-interest effective-assistance-of-counsel evidentiary-hearing forged-affidavits ineffective-assistance-of-counsel jury-instructions michigan-law People-v-Triplett plain-error self-defense sixth-amendment witness-conflict I. Petitioner was denied his Sixth Amendment Right to the effective assistance of counsel at trial due to counsel's failure to request a self-defense …
19-6454 Corey Morris v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2019-10-30 Denied IFP 6th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel extended-sentences federal-review multiple-indictments plea-bargaining post-conviction-relief sentencing sentencing-guidelines Whether defendants have a Sixth Amendment right to effective assistance of Counsel when Contemplating Plea offers. Morris was charged at multiple indi…
19-6408 Adam Strege v. United States First Circuit 2019-10-28 Denied Response WaivedIFP access-to-courts civil-rights constitutional-rights court-access discovery discovery-motion due-process effective-assistance-of-counsel judicial-discretion mandamus mandamus-request pro-se-representation For Review of Mandamus For Recusal of the Judge and Public Defender both Maliciousley Prosecuting me because i sent a 200 Page Email to 40 Million Peo…
19-6395 V. A. C. v. J. L. W. Texas 2019-10-28 Denied IFP civil-procedure confrontation-clause constitutional-challenge direct-appeal due-process effective-assistance-of-counsel ineffective-assistance parental-rights prejudice termination-of-parental-rights trial-court-discretion 1) If it can be proven, leaving absolutely 'No-Doubt', that the relied upon convi ctions, in regard to a Termination of Parental Rights action, is un…
19-6377 Jerome Gaskin v. United States Sixth Circuit 2019-10-24 Denied Response WaivedIFP consecutive-sentencing criminal-procedure due-process effective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment trial trial-rights DOES A DEFENDANT'S RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL DURING PLEA BARGAINING INCLUDE BEING ACCURATELY ADVISED BY COUNSEL OF THE POTENTIAL FO…
19-6373 Casey Dullea Peppin v. Washington Washington 2019-10-24 Denied Response WaivedIFP art constitutional-interpretation copyright court-determination due-process effective-assistance-counsel effective-assistance-of-counsel evidence file-sharing jurisdiction legal-error prejudice sexually-explicit-material source-code 1. Did The Washington State Court of Appeals and the Supreme Court of Washington Error by granting as fact that the defendant shared files with the Pu…
19-6381 Anthony Tyrone Brown v. Michigan Michigan 2019-10-24 Denied Response WaivedRelisted (2)IFP abuse-of-discretion compulsory-process confrontation-clause constitutional-rights due-process effective-assistance-of-counsel evidence evidence-suppression fair-trial ineffective-assistance-of-counsel prosecutorial-misconduct sexual-activity-evidence witness-testimony I. DID THE TRIAL JUDGE VIOLATE THE PETTIONER'S DUE PROCESS RIGHTS TO A FAIR TRIAL AND IMPARTIAL JUDCE. TO NSURE DUE PROCESS, AND FOR THE JUDGE TO AVOI…
19-6367 James Eugene Keiser v. Ricky Foxwell, Warden, et al. Fourth Circuit 2019-10-23 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability civil-procedure constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel sixth-amendment standing trial-errors 1. Whether the 4th Circuit exceeded the limited scope of the COA analysis which was an error, albeit Petitioner met the requirement showing of denia…
19-6321 Michael J. Prance v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-10-22 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel plea-withdrawal right-to-counsel sixth-amendment Whether there is a Sixth Amendment right to counsel during plea withdrawal proceedings?
19-525 Steve Cooley, et al. v. National Abortion Federation Ninth Circuit 2019-10-22 Denied Response Waived appellate-jurisdiction civil-rights contempt contempt-sanction criminal-procedure due-process effective-assistance-of-counsel effective-counsel preliminary-injunction sanctions sixth-amendment younger-abstention How can a state court criminal defendant enjoy his Sixth Amendment right to effective counsel when his state court criminal counsel have been held in …
19-6213 Marcus Bartholomew Booker v. Texas Texas 2019-10-08 Denied Response RequestedRelisted (2)IFP constitutional-rights direct-appeal due-process effective-assistance-of-counsel indigent-defendant ineffective-assistance ineffective-assistance-of-counsel post-conviction-habeas post-conviction-habeas-corpus right-to-access state-court-proceedings trial-ineffectiveness trial-records Does an indigent defendant have a right to access to a free Clerk's and Reporter's Records in a state post-conviction habeas corpus proceeding when th…
19-6152 Marian Papacsi Owens v. Sue Mickens, Warden, et al. Eleventh Circuit 2019-10-03 Denied Response WaivedIFP certificate-of-appealability criminal-defense criminal-procedure effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel judicial-discretion mental-illness right-to-counsel right-to-testify trial-counsel trial-judge trial-procedure 1. Did the Court of Appeals err below in denying Ms. Owens a COA as to whether Ms. Owens received effective assistance of counsel when the trial judge…
19-6045 Scott H. Summerhays v. United States Ninth Circuit 2019-09-24 Denied Response WaivedRelisted (2)IFP appellate-counsel change-of-plea criminal-procedure critical-stage effective-assistance-of-counsel faretta faretta-waiver ineffective-assistance right-to-counsel sixth-amendment waiver 1. Does a criminal defendant have a right under the Sixth Amendment to reassert his right to counsel at a critical stage (a change of plea hearing) af…
19-5897 Carlos German Lema Nogales v. United States Fourth Circuit 2019-09-12 Denied Response WaivedIFP 4th-amendment 4th-circuit-precedent 6th-amendment conspiracy constitutional-violations criminal-informant due-process eavesdrop effective-assistance-of-counsel fourth-amendment ineffective-assistance multiple-conspiracies search-and-seizure warrant warrant-reliability WHETHER PETITIONER WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL BECAUSE TRIAL COUNSEL FAILED TO ARGUE 4th CIRCUIT PRECEDENT REGARDING THE MEANING OF C…
19-5917 Matthew A. Castro v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-09-11 Denied Response WaivedIFP 11th-circuit 5th-amendment 6th-amendment constitutional-rights due-process effective-assistance-of-counsel fact-finding federal-courts fifth-amendment habeas-corpus prosecutorial-misconduct sixth-amendment standard-of-review 1). Whether the United States Court of Appeal for the Eleventh Circuit erred by unreasonably determining the facts based on a misreading of the state …
19-5836 Dennis Johnson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-09-05 Denied IFP appellate-review constitutional-due-process effective-assistance-of-counsel evidentiary-ruling ineffective-assistance-of-counsel judicial-error plea-bargaining prejudice reasonable-performance reasonable-probability sixth-amendment standard-of-review strickland-v-washington trial-fairness trial-strategy Question not identified.
19-5703 Eric Massey v. Darrel Vannoy, Warden Fifth Circuit 2019-08-23 Denied IFP 14th-amendment 6th-amendment constitutional-rights counsel-effectiveness critical-stage effective-assistance-of-counsel habeas-corpus sixth-amendment strickland-standard strickland-v-washington AFTER PETITIONER MADE A SUBSTANTIAL SHOWING OF A DENIAL OF A CONSTITUTIONAL RIGHT; WAS GRANTED BY THE UNITED STATES COURT OF APPEAL, FIFTH CIRCUIT, A …
19-5607 Felix Summers v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2019-08-23 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence right-to-counsel sixth-amendment DENIAL OF SIXTH AMENDMENT RIGHT OF CONFRONTATION. THE FEDERAL CONFRONTATION CLAUSE (6TH AMEND.)(was violated). DENIAL OF SIXTH AMENDMENT. RIGHT TO EFF…
19-5546 Kevin Lyndell Yates v. Amy M. Harper Fourth Circuit 2019-08-09 Denied IFP civil-rights consent-to-search constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel interrogation inventory-of-seized-items miranda-warnings plea-agreement police-questioning search-warrant 1. Does a defendant who has been handcuffed ,informed that there is a indictment for his arrest ,questioned by the arresting officer ,asked by the ar…
19-5545 Todd Allen Wheeler v. Michigan Michigan 2019-08-09 Denied IFP 14th-amendment 6th-amendment due-process effective-assistance-of-counsel ineffective-assistance-of-counsel plain-error severance sixth-amendment trial-joinder WHETHER MR. WHEELER WAS DENIED HIS CONSTITUTIONAL RIGHT TO DUE PROCESS UNDER THE 14TH AMENDMENT TO THE UNITED STATES CONSTITUTION BY THE TRIAL COURT'S…
19-5505 Jose Hernandez-Carbajal v. United States Fourth Circuit 2019-08-08 Denied Response WaivedIFP due-process effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal plea-agreement plea-bargaining sentencing sentencing-error sentencing-guidelines sixth-amendment I. Whether Petitioner's Sixth Amendment Rights to the Effective Assistance of Counsel Was Violated in the Follow? a) When Counsel Failed to file a Not…
19-5464 Mark A. Ciavarella, Jr. v. United States Third Circuit 2019-08-05 Denied Response WaivedIFP effective-assistance-of-counsel honest-services-mail-fraud ineffective-assistance jury-instructions mail-fraud mcdonnell-v-united-states official-act procedural-default statute-of-limitations I. Whether Petitioner was denied effective assistance of counsel as a result of the deprivation of a viable statute of limitations defense with respec…
19-5431 DeAndre Cherry v. United States Seventh Circuit 2019-08-01 Denied Response WaivedIFP 4th-amendment civil-rights due-process effective-assistance-of-counsel eighth-amendment exclusionary-rule fifth-amendment fourth-amendment fourth-amendment-violation probable-cause search search-and-seizure vehicle-search (1)- WAS THE PETITIONER 'S FOURTH AMENEDMENT RIGHT INFRINGED UPON WHEN THE OFFICIERS CONDUCTED AN ILLEGAL SEARCH OF HIS VEHICLE ABSENT PROBABLE CAUS…
19-5390 In Re Francisco Narvaez 2019-07-30 Denied Response WaivedIFP adequate-representation civil-rights constitutional-rights due-process effective-assistance-of-counsel fifth-amendment ineffective-assistance-counsel legal-representation procedural-error professional-conduct sixth-amendment speedy-trial Therefore, my concerns or questins it's plenty, first of all I am a poor man without schooled in any Laws, then I even had much school in Spanish nor …
19-5366 Robert Curry v. Illinois Illinois 2019-07-29 Denied Response WaivedIFP 35-usc-101 civil-procedure civil-rights constitutional-rights counsel discovery due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel interrogatory patent post-conviction standing Question not identified.
19-5293 Frank Le'Dell Owens v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-07-23 Denied Relisted (2)IFP 6th-amendment compulsory-process constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance jury-instructions lesser-included-offense pardon-power plea-bargaining right-to-counsel The following federal Questions presented below are Certified Questions of Great Public Importance, of facts and law that falls under the Jurisdiction…
19-5234 Stephen P. Dowdney, Jr. v. Washington Washington 2019-07-18 Denied IFP anders-procedure anders-v-california appellate-review direct-appeal due-process effective-assistance-counsel effective-assistance-of-counsel equal-protection mccoy-v-court-of-appeals 1. DOES WASHINGTON STATE USE THE ANDERS v. CALIFORNIA (386 U.S. 738) PROCEDURE TO CIRCUMVENT A MEANINGFUL DIRECT (FIRST) APPEAL, EFFECTIVE ASSISTANCE …
19-5014 Ricardo Donate-Cardona v. United States Third Circuit 2019-07-01 GVR IFP affidavit appointed-counsel civil-procedure civil-rights constitutional-law constitutional-review court-filing defendant-dissatisfaction due-process effective-assistance-of-counsel in-forma-pauperis indigent-status legal-redress poverty-affidavit sixth-amendment standing substitute-counsel Question not identified.
18-9839 Robert E. King v. Oklahoma Oklahoma 2019-06-27 Denied IFP appeal-rights constitutional-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection ineffective-assistance ineffective-assistance-of-counsel juvenile-justice post-conviction-relief racial-discrimination Did Oklahoma 's Appellate Court "The Oklahoma Court of Criminal Appeals " deprive Robert E. King the right to equal protection of the law afforded to …
18-9771 Dennis William Robinson v. Ashley Moody, Attorney General of Florida, et al. Eleventh Circuit 2019-06-24 Denied Response WaivedIFP constitutional-rights due-process effective-assistance-counsel effective-assistance-of-counsel evidence-suppression fair-trial iada-violation jury-instructions prosecutorial-misconduct speedy-trial suppression-of-evidence Did State Court violate Petitioner's constitutional rights to due process, to a fair and impartial trial, and to effective assistance of counsel, in t…
18-1551 Joseph Q. Mirarchi v. Office of Disciplinary Counsel Pennsylvania 2019-06-19 Denied Response Waived attorney-disbarment constitutional-rights disbarment due-process due-process-clause effective-assistance-of-counsel expert-witness-testimony fourteenth-amendment ineffective-assistance-of-counsel medical-evidence mitigation-evidence neuropsychological-evidence sixth-amendment Whether the state supreme court order for attorney disbarment is inconsistent with the standards set forth in Selling v. Radford, 243 U.S. 46, 50-51 (…
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…
18-9239 Dale Shoop v. Ralph Terry, Acting Warden Fourth Circuit 2019-05-13 Denied Relisted (2)IFP constitutional-rights criminal-defense criminal-procedure effective-assistance-of-counsel preliminary-hearing right-to-testify sixth-amendment victim-testimony witness-impeachment witness-presence witness-testimony 1. Was the Petitioner's Constitutional Sixth Amendment Right to Effective Assistance of Counsel violated when Counsel; (1) Failed to Admit the Victim'…
18-9151 Blake Joseph Sandlain v. United States Sixth Circuit 2019-05-06 Denied Response WaivedIFP 6th-amendment appellate-counsel capital-punishment criminal-procedure effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel prejudice successive-petition Question not identified.
18-9150 Peter Victor Ayika v. United States Fifth Circuit 2019-05-06 Denied Response WaivedIFP appellate-procedure certificate-of-appealability constitutional-rights constitutional-speedy-trial effective-assistance-of-counsel ineffective-assistance-of-counsel sixth-amendment speedy-trial-act statutory-rights statutory-speedy-trial [1]Whether a certificate of Appealability (COA) should issue to pursue the Sixth Amendment claim on appeal where petitioner's rights to Sixth Amendmen…
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…
18-9120 Russell Frey v. Illinois Illinois 2019-05-03 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-sexual-assault cumulative-error due-process effective-assistance-of-counsel evidentiary-issues fair-trial harmless-error ineffective-assistance-of-counsel jury-trial prejudice right-to-counsel 1.)Does the defendant Russel' Frey deserve a new trial or conviction vacated based on counsels overall health and his performance overall violated def…
18-9093 James M. Ferguson v. Pelicia E. Hall, Commissioner, Mississippi Department of Corrections, et al. Fifth Circuit 2019-05-02 Denied IFP amendment civil-rights due-process effective-assistance-of-counsel indictment notice preliminary-hearing right-to-notice-of-charges right-to-prepare-defense C Cout Appoint pue cefender, ak fr continace FOR Client. After client inform AtorNey he Would Not sign Wavier of preliminaly, Because he wanted to vav…
18-9045 Kevin Robinson v. Steven Johnson, Administrator, New Jersey State Prison Third Circuit 2019-04-30 Denied Response WaivedRelisted (2)IFP 14th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fair-trial impartial-jury ineffective-assistance jury-impartiality self-incrimination sixth-amendment Are trial attorneys obligated to protect every fundamental right entitled to defendants under the United States Constitutional Amendments? If so, did …
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…
18-8876 Nickie R. Logan v. District Attorney of Allegheny County, Pennsylvania, et al. Third Circuit 2019-04-17 Denied IFP 6th-amendment civil-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection ineffective-assistance-of-counsel right-to-a-fair-trial right-to-counsel Question not identified.
18-8786 Stephen Krell v. Louisiana Louisiana 2019-04-11 Denied Response WaivedIFP constitutional-rights controlling-legal-principles deficient-advice effective-assistance-of-counsel legal-principles misapprehension-of-case plea-bargaining sixth-amendment trial-counsel trial-counsel-incompetence Whether the Sixth Amendment's right to the effective assistance to counsel during the plea bargaining stages of the proceeding is implicated when tria…
18-8707 Wallace G. Carlyle v. Sherman Campbell, Warden Sixth Circuit 2019-04-04 Denied IFP constitutional-rights effective-assistance-of-counsel fourteenth-amendment history-of-abuse ineffective-assistance mental-retardation plea-bargaining plea-withdrawal right-to-jury-trial sixth-amendment DID TRIAL COUNSEL'S FAILURE TO ADEQUATELY CONSIDER MR. CARLYLE'S MENTAL RETARDATION AND HISTORY OF ABUSE, AND OTHER VARIOUS ACTS, DEPRIVE DEFENDANT OF…
18-8620 Joel M. Hicklin v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2019-03-29 Denied Response WaivedIFP civil-rights due-process effective-assistance-of-counsel evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel right-to-counsel 1. Whether the Virginia Supreme Court erred for Not finding the Petitioner's failure to investigate Showing Comprehensive? 2. Whether the effective a…
18-8564 Kelvin Wayne Heath v. Melinda K. Braman, Warden Sixth Circuit 2019-03-26 Denied Response WaivedIFP automatic-reversal compulsory-process confrontation-clause constitutional-rights due-process effective-assistance-of-counsel exculpatory-evidence fair-trial ineffective-assistance-of-counsel prosecutorial-misconduct uniform-act-on-production-of-out-of-state-witnesse witness-tampering Did trial court abuse discretion by allowing text messages that's erased? Was Trial Counsel ineffective? Was 6th Amendment violated specifically Con…
18-8484 Gregory Donzell Bailey v. Ricky Foxwell, Warden, et al. Fourth Circuit 2019-03-20 Denied IFP 6th-amendment caseload caseload-management civil-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance public-defender public-defenders right-to-counsel In Maryland Courts for Indigent Inmates with Felony Cases, using the office of the Public Defenders; Should the Defendant's representation and resourc…
18-8433 Emond Durea Logan v. United States Sixth Circuit 2019-03-18 Denied Response WaivedIFP criminal-proceedings effective-assistance-of-counsel plea-negotiations sixth-amendment strickland-v-washington totality-of-circumstances Whether a defendant may be entitled, at least under some circumstances, to relief as a result of an attorney's ineffective assistance, even if another…
18-8450 Randall Alan Carder v. California California 2019-03-18 Denied IFP assault assault-with-deadly-weapon constitutional-rights counter-attack criminal-procedure deadly-weapon due-process effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instruction jury-instructions self-defense Did the trial court violate petitioner's due process rights by failing to sua sponte instruct the jury on self-defense to a charge of assault with a d…
18-8410 Marshall Ray Miller v. Joseph L. McFadden, Warden Fourth Circuit 2019-03-14 Denied Response WaivedIFP certificate-of-appealability constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourth-circuit ineffective-assistance-of-counsel law-enforcement-statements personal-jurisdiction plea-agreement plea-bargaining sentencing Did the Fourth Circuit Court of Appeals err in not issuing a Certificate of Appealability where Petitioner demonstrated a substantial showing of a con…
18-8371 Martin E. Grant v. Michigan Michigan 2019-03-11 Denied Response WaivedIFP 6th-amendment due-process effective-assistance-of-counsel equal-protection first-degree-murder life-imprisonment motion-for-relief-from-judgment plea-bargaining sixth-amendment Whether Petitioner has been denied the effective assistance of counsel guaranteed by the 6th Amendment to the United States Constitution, during the p…
18-8340 Victor Roblero v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2019-03-08 Denied IFP constitutes a violation of the Sixth Amendment ri specifically the failure to investigate and prese appeal capital-punishment criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel intellectual-disability mental-health sixth-amendment Question not identified.
18-8331 Jeffrey Bowers v. Frank Lawrence, Acting Warden Seventh Circuit 2019-03-07 Denied Response WaivedIFP appellate-procedure circuit-split due-process effective-assistance-of-counsel fourteenth-amendment harmless-error ineffective-assistance ineffective-assistance-of-counsel jury-instructions jury-separation plain-error Whether a conflict exists between the holding of the Seventh Circuit Court of Appeals and Appellate Court in case at bar where jury separation after d…
18-8295 Raymond Lumsden v. Texas Texas 2019-03-06 Denied IFP ake ake-v-oklahoma constitutional-rights cruel-and-unusual-punishment cumulative-error-doctrine dna-expert due-process effective-assistance-of-counsel eighth-amendment ineffective-assistance-of-counsel sixth-amendment strickland-v-washington Did the Court of Appeals commit err by affirming the trialcourt's erroneous denial of additional funds for the defenses DNA Expert to testify at trial…
18-8242 Jody Ford McCreary v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-03-04 Denied IFP civil-procedure collateral-review due-process effective-assistance-of-counsel federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-review procedural-default sixth-amendment standing state-court strickland-standards substantive-claim Did The United States Court of Appeals Fifth Circuit abuse its discretion in Denying Certificate of Appealability of the denial of the Amendment of th…
18-8171 Omar Alarcon Fuentes, aka Omar Fuentes Alarcon, aka Omar Ramales Quintero v. United States Ninth Circuit 2019-02-28 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel false-testimony grand-jury grand-jury-testimony ineffective-assistance-of-counsel mistrial right-to-counsel uncorroborated-admission uncorroborated-extrajudicial-admission WHETHER PETITIONER'S CONSTITUTIONAL RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL WAS VIOLATED BY HIS TRIAL ATTORNEY'S FAILURE TO MOVE THE DISTRICT COURT T…
18-8147 Jerry Allen Horn v. Kansas Kansas 2019-02-27 Denied Response WaivedIFP constitutional-rights county-of-riverside-v-mclaughlin due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment fourth-amendment gerstein-hearing investigative-delay res-judicata sixth-amendment state-habeas-corpus supremacy-clause warrantless-arrest Under the Fourth Amendment to the United States Constitution, as codified by County of Riverside v. McLaughlin, 500 U.S. 44 (1991), may law enforcemen…
18-8057 Duane Allen Short v. Ohio Ohio 2019-02-21 Denied IFP capital-defense capital-punishment death-penalty death-row effective-assistance-of-counsel ineffective-assistance ineffective-assistance-of-counsel mitigation mitigation-evidence plea-bargaining sixth-amendment 1. Is a capital defendant's Sixth Amendment right to the effective assistance of counsel violated where, but for counsel's intervention and unfounded …
18-8037 Jerry Anthony Brandon, aka Jerry L. Brandon v. Louisiana Louisiana 2019-02-20 Denied IFP constitutional-rights due-process effective-assistance-of-counsel equal-protection ineffective-assistance involuntary-absence medical-emergency new-trial sixth-amendment trial-absence voluntary-absence Was the Petitioner's 5th 6th & 14th amendment rights, to the Constitution of the United States violated when? ONE. Petitioner's defense counsel faile…
18-8021 Charles R. Baker v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-02-20 Denied IFP anti-terrorism-and-effective-death-penalty-act anti-terrorism-effective-death-penalty-act constitutional-rights criminal-procedure due-process effective-assistance-of-counsel first-amendment habeas-corpus ineffective-assistance-of-counsel newly-discovered-evidence sixth-amendment statute-of-limitations Whether thenewly discovered evidence presented to the lower Court's was sufficient to toll the one year statute of limitation set-forth in title 28 u.…
18-7968 Joseph Ragland v. North Carolina North Carolina 2019-02-14 Denied Response WaivedIFP civil-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection postconviction-relief sentencing sixth-amendment state-statute WHETHER A STATE STATUTE THAT GIVES SENTENCING JUDGES UNLIMITED, UNCHALLENGEABLE AND UNREVIEWABLE DISCRETION TO IMPOSE CONSECUTIVE SENTENCES, VIOLATE T…
18-7895 Jerry Anderson, II v. Michigan Michigan 2019-02-14 Denied Response WaivedRelisted (2)IFP coercion criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel plea-bargaining right-to-trial sixth-amendment WAS DEFENDANT DENIED HIS STATE AND FEDERAL CONSOITUTIONAL RFGHTS TO EFRECTIVE ASSISTANCE OF COUNSEL WHEN HIS ATTORIVEY PAILED TO PREPARED FOR TRIAL AN…
18-7947 Tyrone Garden v. Massachusetts Massachusetts 2019-02-13 Denied Response WaivedIFP constitutional-right criminal-procedure dispositive-motion effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel plea-bargaining pretrial-motion pretrial-motions sixth-amendment strickland-standard strickland-v-washington 1. Where trial counsel failed to update his research on a dispositive pretrial motion to dismiss before the defendant pleaded guilty did Garden have t…
18-7876 Jordie L. Callahan v. United States Sixth Circuit 2019-02-08 Denied Response WaivedRelisted (2)IFP 6th-amendment competency-hearing criminal-procedure criminal-proceedings direct-appeal due-process effective-assistance-counsel effective-assistance-of-counsel mental-capacity mental-competency mental-evaluation sixth-amendment Whether a Mentally Deficient Defendant is Entitled to a Competency Hearing or Mental Evaluation to Determine if the Defendant is in Fact Capable of As…
18-7849 Jesus Pacheco Estudillo v. United States Eighth Circuit 2019-02-07 Denied Response WaivedIFP constitutional-law constitutional-rights direct-appeal effective-assistance effective-assistance-of-counsel evidentiary-hearing facts procedural-due-process relevant-facts sixth-amendment sixth-amendment-violation Whether Petitioner's Sixth Amendment Right To The Effective Assistance was Violated When Counsel Failed to File A Direct Areal. Whether The COurt Err…
18-7780 Joseph Lemoine v. Darrel Vannoy, Warden Fifth Circuit 2019-02-06 Denied Response WaivedIFP burden-of-proof burden-of-proof-beyond-reasonable-doubt constitutional-rights daubert-standard due-process effective-assistance-of-counsel essential-elements-of-offense expert-witness fourteenth-amendment reasonable-doubt sixth-amendment sufficiency-of-evidence Whether reasonable jurists could argue that the State failed to meet its burden of proof beyond a reasonable doubt, every essential element of the off…
18-7657 Devi Smith v. Patrick Warren, Warden Sixth Circuit 2019-01-31 Denied Response WaivedIFP appellate-counsel appellate-procedure criminal-trial defense-counsel defense-witnesses direct-review effective-assistance-of-counsel ineffective-assistance-of-counsel sixth-amendment trial WAS THE PETITIONER DEPRIVED OF HIS SIXTH AMENDMENT RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL AT TRIAL WHERE DEFENSE COUNSEL FAILED TO CALL CRITICAL…
18-7635 Harold Hall v. Alabama Alabama 2019-01-29 Denied Response WaivedRelisted (2)IFP adversarial-process due-process effective-assistance-of-counsel fair-trial sentencing-enhancements sixth-amendment united-states-v-cronic 1) Whether Mr. Hall was denied effective assistance of counsel required by the federal constitution' sixth Amendment when his trialcounsel refused o p…
18-7614 Michael Jacoby v. United States Tenth Circuit 2019-01-28 Denied Response WaivedIFP 6th-amendment circuit-court-review circuit-split due-process effective-assistance-of-counsel eighth-circuit habeas-corpus ineffective-assistance ninth-circuit reasonable-jurist reasonable-jurist-standard sixth-amendment strickland-standard undermining-of-confidence-in-verdict The 10th Circuit's application of a reasonable Jurist Standard as a full denial of Jadby's §2255 under the Strickland standard is in conflict with the…
18-7590 Joshua Jacobs v. Texas Texas 2019-01-28 Denied IFP 5th-amendment 6th-amendment bias constitutional-rights due-process effective-assistance-of-counsel fair-and-impartial-jury fair-trial impartial-jury judicial-discretion jury-selection trial-counsel trial-procedure voir-dire I. When trial-judge-imposed limitations on voir dire interfere with trial counsel's ability to identify veniremembers whom may be challengeable for ca…
18-7540 David Dewayne Riley v. Alabama Alabama 2019-01-24 Denied IFP capital-post-conviction-proceedings capital-proceedings collateral-review death-penalty death-sentence effective-assistance-of-counsel ineffective-assistance martinez-v-ryan murray-v-giarratano post-conviction-counsel precedent state-court David Riley filed a pro se state post-conviction petition because, unlike every other state, Alabama does not provide counsel to death-sentenced inmat…
18-7494 Richard Dernard Bozell, Jr. v. Greg Skipper, Warden Sixth Circuit 2019-01-18 Denied Response WaivedIFP blackledge-v-allison blackledge-v-perry class-v-united-states constitutional-review due-process effective-assistance-of-counsel federal-court-jurisdiction guilty-plea-review habeas-corpus ineffective-assistance ineffective-counsel lafler-v-cooper plea-bargaining procedural-cognizability supreme-court-precedent Whether it can be presumed given the fact that (1) the USSC in Blackledge clearly stated that guilty plea cases were cognizable for federal review?; W…
18-7440 Christopher Whitman v. United States Eleventh Circuit 2019-01-16 Denied Response WaivedIFP 11th-circuit appeal appellate-procedure conflict-of-interest disqualification due-process effective-assistance-of-counsel ineffective-assistance-of-counsel judicial-discretion juror-bribery plain-error-review sentencing-guidelines standing Question One The Constitution guarantees a person the effective assistance of counsel for a first appeal of right. Effective counsel necessarily cont…
18-7230 Antwain D. Ashley v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-01-04 Denied Response WaivedIFP criminal-procedure due-process effective-assistance-of-counsel open-plea plea-bargaining sentencing sixth-amendment Whether Ashley Was Denied His Sixth Amendment Right to Effective Assistance of Counsel Where Counsel Advised Ashley that if He Made an Open Plea to th…
18-7170 Jonathan Yancey v. Alabama Alabama 2018-12-26 Denied IFP civil-procedure criminal-procedure due-process effective-assistance-of-counsel equal-protection exculpatory-evidence first-amendment ineffective-assistance-of-counsel sixth-amendment standing takings THIS APPEAL IS SUCH IMPORTANCE TO THE PUBLIL CITIZEN'S THAT ARE X SEX OFFENIDERS UNDER (ASORCNA) AS TO JUSTIFY DEVIATION FROM NORMAL APPELLATE PRACTIC…
18-798 Joanna Joy Blauch v. Colorado Colorado 2018-12-21 Denied Response WaivedRelisted (2) civil-procedure constitutional-rights due-process effective-assistance-of-counsel evidentiary-error evidentiary-standards exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel strickland-standard strickland-v-washington waiver-of-rights There is a growing sinkhole-sized need for some things to be simply clearer. Does ruliltg the substantive nature of materially relevant documentary e…
18-7107 Naeem-Lateef Odums v. United States Fourth Circuit 2018-12-19 Denied Response WaivedIFP 5th-amendment-due-process,6th-amendment-right-to-c 5th-amendment-due-process,sentencing-discretion,me 6th-amendment attorney-client-privilege criminal-procedure due-process effective-assistance-of-counsel fifth-amendment ineffective-assistance-of-counsel intentional-deception mental-health-evaluation sentencing sixth-amendment Does it violate the 6th Amendment Constitutional right to effective assistance of counsel when a defendant's lawyer intentionally, willfully and knowi…
18-7066 Raymond Jones v. United States Third Circuit 2018-12-17 Denied Response WaivedRelisted (2)IFP civil-procedure due-process effective-assistance-of-counsel en-banc-review jurisdiction petition-for-rehearing rehearing rule-60b6 standing subject-matter-jurisdiction wilkins-precedent WHETHER THE JUDGMENT OF THE COURT OF APPEALS IS INVALID BECAUSE THE DISTRICT COURT LACKED SUBJECT-MATTER JURISDICTION TO ADJUDICATE RULE 60(b)(6) MOTI…
18-7028 Jameel Simpson v. James Erkerd, et al. Third Circuit 2018-12-13 Denied Response WaivedIFP actual-innocence conflict-of-interest constitutional-rights criminal-defense criminal-procedure effective-assistance effective-assistance-of-counsel prejudice sixth-amendment wrongful-conviction PETITIONER JAMEEL SIMPSON WAS DENIED HIS RIGHTS UNDER THE SIXTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES OF AMERICA TO EFFECTIVE ASSISTANCE …
18-7023 Webster Douglas Williams, III v. United States Fourth Circuit 2018-12-13 Denied Response WaivedIFP constitutional-violation due-process effective-assistance-of-counsel eighth-amendment-cruel-and-unusual-punishment equal-protection exclusionary-rule forced-entry fourth-amendment restitution ruse search-and-seizure sixth-amendment-right-to-counsel third-party When police officers attempt to gain voluntary admittance to a residence by use of a ruse, which fails, and are peacably asked to present a search war…
18-749 JoEllen Mary Crossett v. Michigan Michigan 2018-12-11 Denied conflicts-of-interest constitutional-rights due-process effective-assistance-of-counsel impartial-jury ineffective-assistance-of-counsel juror-bias jury-selection peremptory-challenges prejudice sixth-amendment state-and-federal-rights trial-procedure Was Petitioner denied her state and federal rights to the effective assistance of counsel, and did Michigan Court of Appeals err when it confirmed wit…
18-744 Mark Unger v. David Bergh, Warden Sixth Circuit 2018-12-11 Denied criminal-procedure due-process effective-assistance-of-counsel expert-testimony habeas-corpus ineffective-assistance-of-counsel junk-science sixth-amendment Whether the Sixth Amendment guarantee of effective assistance of counsel is violated when counsel fails to expose junk science that sends his client t…
18-6847 Sergio Antonio Haro v. United States Ninth Circuit 2018-11-28 Denied Response WaivedIFP effective-assistance-of-counsel evidentiary-hearing government-agent-reports impeachment impeachment-of-credibility magistrate-judge magistrate-judge-plea-negotiations plea-negotiations prejudice pro-se pro-se-habeas sixth-amendment I Was the petitioner denied his Sixth Amendment right to the effective assistance of counsel based on trial counsel's failure to effectively use gover…
18-6828 Gregg Thomas v. Maryland Maryland 2018-11-27 Denied Response WaivedIFP appellate-review constitutional-law constitutional-rights criminal-procedure effective-assistance-of-counsel sixth-amendment sufficiency-of-evidence trial-counsel Was the evidence sufficient to sustain Petitioner's convictions, and was Petitioner denied his Sixth Amendment Right under the United States Constitut…
18-6699 James Tyrell Drane v. Michigan Michigan 2018-11-14 Denied IFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sixth-amendment I. DOES PETITIONER DRANE HAVE A DUE PROCESS RIGHT TO PLEA WITHDRAWAL OR AT MINIMUM A GINTHER HEARING WHERE HIS PLEA WAS UNKNOWING AND INVOLUNTARY, RES…
18-6676 Herve Wilmore, Jr. v. United States Eleventh Circuit 2018-11-13 Denied Response WaivedRelisted (2)IFP constructive-amendment criminal-procedure due-process effective-assistance-of-counsel fifth-amendment grand-jury indictment wire-fraud 1) WHETHER, MR. WILMORE'S RIGHT TO BE TRIED ON CHARGES ACCEPTED BY A GRAND JURY, AND MR. WILMORE'S RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL, WERE VIOL…
18-6623 Carlos Cosme v. United States Ninth Circuit 2018-11-09 Denied Response WaivedIFP 28-usc-2255 criminal-procedure criminal-procedure-plea-bargaining effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-agreement plea-bargaining sixth-amendment standard-of-review Did the District Court Commit Error in Applying the Standard of review for Motions to Withdraw a Plea Agreement as to an Issue of a Question of the Ef…
18-6637 Harold E. Grist, Jr. v. Terema Carlin, Warden Ninth Circuit 2018-11-08 Denied Response WaivedIFP 6th-amendment certificate-of-appealability confrontation-clause credibility due-process effective-assistance-of-counsel juror-misconduct jury-trial self-incrimination truthfulness Whether the Petitioner had a constitutional right to confront his accusers at trial and impeach them before a jury to challenge their credibility and …
18-6621 Aloeng Kelly Vang v. Tom Roy, Commissioner, Minnesota Department of Corrections Eighth Circuit 2018-11-08 Denied Response WaivedIFP constitutional-rights criminal-procedure effective-assistance-of-counsel effective-counsel ineffective-assistance-of-counsel plea-bargaining prejudice-prong sixth-amendment state-law straight-plea straight-pleas trial-rights ultimate-authority Where offers of straight pleas to the district court is permitted under state law, does state criminal defendants receive their Sixth Amendment right …
18-6550 Anthony Thomas v. Darrell Vannoy, Warden Fifth Circuit 2018-11-02 Denied Response RequestedResponse WaivedRelisted (2)IFP affidavit costs court-fees declaration effective-assistance-of-counsel financial-disclosure habeas-corpus in-forma-pauperis income-declaration ineffective-assistance-of-counsel legal-indigency poverty prejudice procedural-default redress sixth-amendment Question not identified.
18-6497 Dexter Watson v. Raymond Byrd, Warden Fifth Circuit 2018-10-30 Denied Response WaivedIFP appellate-review burden-of-proof constitutional-law criminal-procedure due-process effective-assistance-of-counsel evidentiary-hearing factual-disputes intent reversible-error Did the pury reasonably, logically and legally infer from the evid1. ence presented, that petitioner was guilty of violating the statue beyond a reaso…
18-6457 Abel Puente v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-10-26 Denied Response WaivedIFP constitutional-rights counsel-of-choice criminal-procedure effective-assistance-of-counsel indigent-defendant retained-attorney right-to-discharge-counsel sixth-amendment WHETHER THE SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL AND TO COUNSEL OF CHOICE, WHICH ALSO PROVIDED THE RIGHT TO DISCHARGE COUNSEL, WIL…
18-6290 Damon John White Bird Solgado v. Colby Braun, Warden Eighth Circuit 2018-10-12 Rehearing IFP 4th-amendment compulsory-process constitutional-rights due-process effective-assistance-of-counsel exigent-circumstances fourth-amendment insufficient-evidence privacy search-and-seizure Whether a_violation of-Petitioner's 4th_Amendment Constituti= onal Right to Prvacy occorred when Police illegally Searched bonk records, in the absenc…
18-6143 Oscar Rodriguez v. United States Ninth Circuit 2018-10-01 Denied Response WaivedRelisted (2)IFP certificate-of-appealability constitutional-rights due-process effective-assistance-of-counsel evidentiary-hearing federal-habeas-corpus habeas-corpus ineffective-assistance judicial-procedure mental-retardation ninth-circuit summary-denial Should certiorari be granted to decide how much detail the order denying a COA should contain in order to ensure that the Circuit Court has complied w…
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…
18-5946 William A. Parrish, Jr. v. Lyneal Wainwright, Warden Sixth Circuit 2018-09-12 Denied Response WaivedIFP appellate-rights court-of-appeals due-process effective-assistance-of-counsel grand-jury-selection indigent indigent-defendant indigent-litigant judicial-discretion perjured-testimony pro-se right-to-appeal right-to-counsel self-representation speedy-trial transcript trial-transcript Did the State Court of Appeals have the authority to deny a pro se indigent litigant a copy of his trial transcript because he choose to represent him…
18-313 Albon C. Diamond, III v. Florida Florida 2018-09-11 Denied Response Waived criminal-procedure due-process effective-assistance-of-counsel impeachment ineffective-assistance ineffective-assistance-of-counsel medical-evidence medical-testimony sixth-amendment strategic-decisions strickland strickland-standard Whether the Sixth Amendment's guarantee of effective attorney representation in a criminal felony prosecution (applicable against the State of Florida…
18-5855 Derrick Knight v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2018-08-31 Denied Response WaivedIFP appellate-counsel appellate-procedure brady-violation constitutional-rights effective-assistance effective-assistance-of-counsel ineffective-assistance-of-counsel judgment-of-acquittal motion-for-acquittal motion-for-new-trial withholding-evidence Was Petitioner denied his constitutional right to effective assistance of appellate counsel when his appellate counsel failed to raise an issue of tri…
18-5753 James Pello v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility Seventh Circuit 2018-08-27 Denied Response WaivedIFP constitutional-error due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment ineffective-assistance jury-unanimity sixth-amendment unanimous-jury-verdicts Whether the United States Court of Appeals for the Seventh Circuit, along with the Indiana State Court of last resort, have entered a decision in conf…
18-5716 Richard Blake Ray v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-08-23 Denied IFP 5th-circuit buck-v-davis certificate-of-appealability civil-rights due-process effective-assistance-of-counsel fifth-circuit habeas-corpus reasonable-legal-argument supreme-court-law Ray had a claim that was "reasonably debatable" by "jurists of reason Sineee a reasonable legal argument could have been made. The district court and …
18-5665 Orestes Cabrera v. United States Eleventh Circuit 2018-08-20 Denied Response WaivedRelisted (2)IFP all-writs-act anti-terrorism-and-effective-death-penalty-act criminal-procedure due-process effective-assistance-counsel effective-assistance-of-counsel immigration-consequences nolle-prosequi padilla-claim padilla-v-kentucky retroactivity WHETHER PETITIONER'S RIGHTS UNDER THE DUE PROCESS CLAUSE AND THE EFFECTIVE ASSISTANCE OF COUNSEL WERE VIOLATED WHERE BOTH OF THE LOWER COURTS ERRED IN…
18-5616 Robert Earl Clayborne, Jr. v. Nebraska Eighth Circuit 2018-08-16 Denied Response WaivedIFP 6th-amendment civil-rights competency competency-hearing criminal-defense criminal-procedure due-process effective-assistance-of-counsel mental-disability mental-health prosecutorial-misconduct right-to-counsel sixth-amendment Why Petitioner entitled to a Certificate of Appealability on the issue of Ineffective Assistance of Counsel based on Incompetence? Was the Petitioner…
18-5545 Carlos David Lopez v. California California 2018-08-10 Denied Response WaivedIFP compulsory-process confrontation-clause due-process effective-assistance-of-counsel mental-health-records plea-bargaining right-to-compulsory-process right-to-confrontation right-to-counsel sixth-amendment Does a trial court's refusal to review privileged mental health records of the complaining witness during plea negotiations violate the Sixth Amendmen…
18-5446 Allan Latoi Story v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-08-06 Denied IFP brady-violation civil-rights due-process effective-assistance-of-counsel fair-trial fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance sixth-amendment speedy-trial Whether the State violated Story's Fourth, and Fourteenth, Amendment Constitutional rights, When the Waco Police lied on a Affidavit for Arrest Warran…
18-5459 Zachary David Warnell v. Texas Texas 2018-08-03 Denied IFP appeal appeals appellate-procedure constitutional-rights criminal-procedure douglas-v-california due-process effective-assistance-of-counsel equal-protection evitts-v-lucey ineffective-assistance pro-se-representation right-to-counsel CAN A STATE, SUCH AS THE STATE OF TEXAS, WHICH HAS AN ESTABLISHED SYSTEM OF APPEAL WITH THE CONSTITUTIONAL GUARANTEE OF APPELLATE COUNSEL WITH AN ADEQ…
18-5458 Kevin Taylor v. Darrel Vannoy, Warden Fifth Circuit 2018-08-03 Denied Response WaivedIFP cause-and-prejudice comity compulsory-process confrontation-clause due-process effective-assistance-of-counsel fundamental-fairness ineffective-assistance-of-counsel sixth-amendment Whether Mr. Taylor's Sixth Amendment right to confront and cross-examine his accusers was violated when he was denied Compulsory Process. Whether Mr.…
18-154 Roderic Rooks v. Shawn Brewer, Warden Sixth Circuit 2018-08-03 Denied Response Waived certificate-of-appealability due-process effective-assistance-of-counsel fair-trial fifth-amendment franks-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel newly-available-evidence pretrial-motion prosecutorial-misconduct I. WHETHER THIS COURT SHOULD GRANT CERTIORARI BECAUSE THE UNITED STATES DISTRICT COURT JUDGE ERRED IN DENYING A CERTIFICATE OF APPEALABILITY TO PERMIT…
18-5433 Helen Atkins v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2018-08-01 Denied Response WaivedIFP closing-argument constitutional-rights due-process effective-assistance-of-counsel fair-trial hearsay-evidence ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct right-to-testify sixth-amendment speedy-trial 1. WAS THE PETITIONER DENIED HER RIGHT TO A FAIR TRIAL WHEN THE TRIAL COURT OVERRULED HER OBJECTION TO PROSECUTOR'S CLOSING ARGUMENT AND WAS THE PETIT…
18-5339 Tyron James v. Paul Snyder, Warden, et al. Tenth Circuit 2018-07-25 Denied Response WaivedIFP 6th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel plea-bargaining retroactive-application sixth-amendment strickland-v-washington Whether the Strickland doctrine, as applied by the Tenth Circuit, requires retroactive application to convictions that became final before Strickland …
18-5336 Ventron Vaneke Lott v. Patrick Warren, Warden Sixth Circuit 2018-07-25 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence ineffective-assistance-of-counsel judicial-discretion michigan-law sentencing-guidelines sixth-amendment DID THE TRIAL COURT ERRED IN SENTENCING PETITIONER UNDER THE RESRICTIONS OF OV-1 AND OV-2 [OF THE MICHIGAN SENTENCING GUIDELINES] IN VIOLATION OF HIS …
18-5333 Scott Leslie Carmell v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-07-24 Denied IFP appellate-procedure civil-procedure civil-rights due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance jurisdiction sixth-amendment standing Question not identified.
18-5297 Allen Jamel Robinson v. Darryl Vannoy, Warden Fifth Circuit 2018-07-20 Denied Response WaivedIFP civil-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel right-to-counsel sentencing sixth-amendment Question not identified.
18-66 Regis Blake Ross v. Arizona Arizona 2018-07-12 Denied constitutional-review criminal-procedure due-process effective-assistance-of-counsel evidentiary-hearing federal-review-standards ineffective-assistance plea-bargaining plea-voluntariness post-conviction-relief standard-of-review supreme-court-precedent This Court has jurisdiction to determine federal constitutional issues that have been incorrectly decided by State courts of last resort. Mr. Ross rai…
18-5216 Johnny Allen Martin v. Gregory McLaughlin, Warden Eleventh Circuit 2018-07-12 Denied Response WaivedIFP case-law constitutional-violation counsel-right criminal-appeal direct-appeal due-process effective-assistance-of-counsel equal-protection ineffective-assistance statutory-provisions threshold-determination DOES THE PETITIONER HAVE A NONWAIVABLE CONSTITUTIONAL RIGHT TO DUE PROCESS OF THE LAW? DIRECT APPEAL FROM HIS OR HER CONVICTION, AND ON THE MERIT OF H…
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…
18-5071 Juan Carlos Vazquez v. South Carolina South Carolina 2018-07-02 Denied Response RequestedRelisted (2)IFP deportation due-process effective-assistance-of-counsel guilty-plea knowing-and-voluntary language-barrier prosecutorial-misconduct sixth-amendment WAS PETITIONER DENIED HIS SIXTH AMENDMENT RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL WHERE THE EVIDENCE IN THE RECORD PLAINLY SHOWS IN ENGLISH THAT …