elements
5 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 22-5020 | Eduardo Che Rodriguez v. Gena Jones, Acting Warden | Ninth Circuit | 2022-07-01 | Denied | Response WaivedIFP | categorical-approach criminal-provisions due-process elements judicial-interpretation prior-conviction sentencing-enhancement | A year after he was discharged from the Army with a disability pension following brain, spinal, and psychological injuries from a scud missel attack w… |
| 20-5072 | Rodney Renard Newberry v. Florida | Florida | 2020-07-15 | Denied | IFP | apprendi capital-sentencing due-process elements reasonable-doubt ring-v-arizona | Under the Due Process Clause, determinations as to both elements and their "functional equivalents" must be made beyond a reasonable doubt. See, e.g.,… |
| 18-8833 | Shea Pascal Dease v. Virginia | Virginia | 2019-04-16 | Denied | Response WaivedIFP | civil-rights conviction criminal-procedure double-jeopardy due-process elements felon-in-possession jurisdiction notice second-amendment | Question not identified. |
| 18-7133 | Paul Burks v. United States | Fourth Circuit | 2018-12-20 | Denied | Response WaivedIFP | civil-procedure criminal-law criminal-procedure criminal-tax due-process elements federal-courts federal-prosecution indictment indictment-elements pretrial-motion statutory-interpretation substantive-law tax-law uncertainty | Contrary to the rule in James v. United States, 366 U.S. 213 (1961), is the substantial existence of uncertainty in the governing substantive tax law … |
| 18-5212 | Markentz Blanc v. United States | Eleventh Circuit | 2018-07-11 | Denied | Response WaivedIFP | 11th-circuit 4th-amendment 5th-amendment 6th-amendment appellate-review circuit-court criminal-procedure criminal-procedure-flight-instructions district-court due-process elements flight-instructions prejudice prior-decisions sufficiency-of-evidence wiretap wiretap-evidence | Did the Eleventh circuit's panels conclusion that the District court did not err in allowing the flight instructions be brought to the jury as it was … |