elements-of-offense
13 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 23A447 | Constance Eileen Caswell v. Colorado | Colorado | 2023-11-17 | Presumed Complete | apprendi-rule elements-of-offense jury-trial prior-conviction sentencing-factors sixth-amendment | This application does not contain a traditional "Question(s) Presented" section. The document is an Application for an Extension of Time to File a Pet… | |
| 21-6510 | Luis Solis-Vasquez v. United States | First Circuit | 2021-12-03 | Denied | Response WaivedIFP | crime-of-violence criminal-procedure due-process elements-of-offense federal-statute jury-determination jury-instructions mandatory-victim-restitution RICO rico-offense state-law state-law-predicates | 1. Whether state law RICO predicates are elements of a RICO offense that must be found by the jury. 2. Whether aggravated RICO conspiracy is properly… |
| 21-5694 | Shawn Travis Paschal v. United States | Fifth Circuit | 2021-09-16 | Denied | Response WaivedIFP | constitutional-rights elements-of-offense federal-sentencing maximum-sentence minimum-sentence sentencing | I. Whether facts that affect the minimum or maximum reasonable federal sentence must be treated as elements of the defendant's offense for constitutio… |
| 20-8403 | Daniel Jacob Craven, Jr. v. Florida | Florida | 2021-06-23 | Denied | IFP | 14th-amendment due-process elements-of-offense fourteenth-amendment jury-instructions reasonable-doubt sentencing sentencing-determinations statutory-maximum unanimous-verdict | Whether a defendant's right to due process as guaranteed by the Fourteenth Amendment through requiring that every element of any offense to be proven … |
| 20-7870 | Scott Raymond Tignor v. United States | Tenth Circuit | 2021-04-28 | Denied | IFP | appellate-review criminal-procedure due-process elements-of-offense guilty-plea plea-voluntariness rehaif-v-united-states standard-of-review united-states-v-gary | When a defendant argues for the first time on appeal that his guilty plea was not knowing and voluntary because he was not informed of the elements of… |
| 20-6824 | Raymond Bright v. Florida | Florida | 2021-01-11 | Denied | IFP | 14th-amendment due-process elements-of-offense fourteenth-amendment jury-instructions reasonable-doubt sentencing sentencing-determinations statutory-maximum unanimous-verdict | Whether a defendant's right to due process as guaranteed by the Fourteenth Amendment through requiring that every element of any offense to be proven … |
| 20-6601 | Savannah Sifuentes v. United States | Fifth Circuit | 2020-12-10 | Denied | Relisted (2)IFP | appellate-review criminal-procedure elements-of-offense essential-element forfeiture guilty-plea indictment indictment-challenge statutory-interpretation waiver | 1. Whether a defendant who unsuccessfully moves to dismiss an indictment for failure to allege an essential element of the crime waives or forfeits th… |
| 20-6162 | Frank Trujillo v. United States | Tenth Circuit | 2020-10-29 | Denied | Relisted (2)IFP | criminal-procedure due-process elements-of-offense federal-courts guilty-plea plea-bargaining plea-voluntariness rehaif-v-united-states standard-of-review | When a defendant argues for the first time on appeal that his guilty plea was not knowing and voluntary because he was not informed of the elements of… |
| 20-5720 | Martin Garcia-Moreno v. United States | Ninth Circuit | 2020-09-16 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process elements-of-offense immigration-law jury-trial prior-conviction sentencing-factors sixth-amendment | In Almendarez-Torres v. United States, 523 U.S. 224 (1998), the Court held that in a prosecution for 8 U.S.C. § 1326, the fact of a prior conviction n… |
| 20-5191 | Joshua Edwards v. United States | Fifth Circuit | 2020-07-28 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure criminal-trial due-process elements-of-crime elements-of-offense fifth-circuit jury-instructions trial-defense | Did the United States Court of Appeals for the Fifth Circuit err when it held that the district court's failure to instruct the jury on the elements o… |
| 19-7825 | Gustavo Gonzalez v. United States | Fifth Circuit | 2020-02-28 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-defense elements-of-offense ineffective-assistance ineffective-assistance-of-counsel lafler-test lafler-v-cooper legally-nonexistent-defense plea-bargaining prejudice-analysis strickland-standard strickland-v-washington | I. How should a court apply the "reasonable probability" test for prejudice under Strickland v. Washington, 466 U.S. 668 (1984), and Lafler v. Cooper,… |
| 19-7705 | Michael Roman Burghardt v. United States | First Circuit | 2020-02-19 | Denied | Response WaivedIFP | circuit-split criminal-defendant criminal-procedure-waiver direct-appeal element-of-offense elements-of-offense indictment plain-error-review plea-colloquy rehaif-v-united-states sentencing-enhancement supreme-court-precedent waiver | 1. Whether a criminal defendant has waived a claim that the indictment failed to charge an element of the offense where the claim arose while his case… |
| 18-6115 | Jose Antonio Jimenez v. Florida | Florida | 2018-09-27 | Denied | IFP | capital-murder criminal-sentencing death-penalty due-process elements-of-offense hurst-v-state jury-unanimity retrospective-application | 1. Given that the elements of capital murder set out by the Florida Supreme Court in Hurst v. State will govern as to whether James Card is guilty of … |