evidence-admissibility

140 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6741 Kimberly Cannon v. Florida Florida 2026-02-06 Pending Response WaivedIFP constitutional-rights criminal-procedure evidence-admissibility probation-violation search-and-seizure warrantless-search I. DOES EVIDENCE OBTAINED DURING A WARRANTLESS SEARCH USED IN A PROBATION VIOLATION REVOCATION PROCEEDING AND ALSO AS A BASIS FOR NEW LAW VIOLATION…
25-6125 Sylvia Olivas, aka Sylvia Lee Gavaldon v. United States Ninth Circuit 2025-11-14 Denied Response WaivedIFP dual-role-testimony evidence-admissibility expert-witness gatekeeping-role rule-403 rule-702 A witness who testifies as a lay witness offering either factual testimony and/or lay opinion testimony and also testifies as an expert offering exper…
25-5977 Dwayne Ernest Wharton v. Texas Texas 2025-10-28 Denied Response WaivedIFP criminal-procedure evidence-admissibility fourth-amendment gps-tracking search-warrant third-party-doctrine Does a violation of the Fourth Amendment, as enunciated in this Court's holdings in Carpenter v. United States, 138 U.S. 2206 (2018) and United States…
25-305 Louise DeBerry v. Chicago Board of Education, et al. Illinois 2025-09-16 Denied Response Waived administrative-hearing due-process evidence-admissibility fourteenth-amendment fundamental-fairness witness-testimony Does the Due Process Clause of the Fourteenth Amendment provide a mechanism for relief in administrative hearings when evidence is introduced that is …
25-5533 Stanton Guillory v. United States Fifth Circuit 2025-09-03 Denied Response WaivedRelisted (2)IFP circuit-split criminal-procedure evidence-admissibility propensity-evidence rule-404b witness-testimony Federal Rule of Evidence 404(b) prohibits the use of a defendant's other bad acts to argue he has a propensity to commit a crime. The Government never…
25-5462 Deandre Wilson v. United States Second Circuit 2025-08-25 Denied Response WaivedIFP appellate-courts constitutional-rights criminal-defendants due-process evidence-admissibility federal-rules-of-evidence Are the divided federal appellate courts applying too stringent a standard when evaluating the admissibility of evidence under Federal Rule of Evidenc…
25-5451 Zephaniah S. Edwards v. Bland Management, et al. Fourth Circuit 2025-08-22 Denied IFP civil-procedure district-court due-process evidence-admissibility federal-rules virginia-law Question I: Whether under Virginia Law, when determining the majority of motions for this case, can unfair, unjust and biased decisions be made by de…
25-5252 Eric David Marrufo v. United States Ninth Circuit 2025-07-31 Denied Response WaivedIFP constitutional-rights evidence-admissibility harmless-error jury-deliberation jury-impartiality rule-606b A. Whether the Petitioner was denied his constitutional right to an impartial jury and to a fair trial when the District Court: a. After denying the …
25-5155 Luis Payano-Perez v. United States Third Circuit 2025-07-21 Denied Response WaivedIFP evidence-admissibility evidentiary-purpose inference-chain propensity-evidence rule-404b trial-court-discretion 1. Whether a trial court, in admitting evidence under Federal Rule of Evidence 404(b), must explicitly articulate the "chain of inferences" it relied …
24-6992 Mehdi Nikparvar-Fard v. United States Third Circuit 2025-04-15 Denied Response WaivedIFP due-process evidence-admissibility fifth-amendment guilty-plea legal-counsel motion-to-withdraw 1. Whether the district judge's decision to deny the defendant's motion to withdraw his guilty plea violated the defendant's Fifth Amendment right to …
24-6379 Lamar Reese v. Ohio Ohio 2025-01-24 Denied Response WaivedIFP confrontation-clause constitutional-review due-process evidence-admissibility polygraph-evidence scientific-evidence itie Cause Involves cl SubstartlaJ Const ?tust,ona. I guest ?o n pursuant to Article Wi, Section Cl (8)( jz)£cl)(j') °ftbe °h?o Constltu-hlon, omd fun…
24-6257 Willie Cory Godbolt v. Mississippi Mississippi 2025-01-10 Denied IFP constitutional-rights criminal-procedure due-process evidence-admissibility fourth-amendment search-and-seizure 1). a fleujS RrsV AM^Neine/lV pnvileg "Vo sVueldt Vver ^acirce^ -Vru.wjp?. CrirairvaX c^e^w^fyl's v)t<^W Ar/be>,vA<vien-V r'l^j/feV- 4© CjQj^rorvVouV^…
24-6240 Jarrell Raeshon Bordeaux v. United States Fourth Circuit 2025-01-08 Denied Response WaivedIFP co-conspirator-testimony conspiracy-evidence constitutional-rights criminal-procedure due-process evidence-admissibility Do Federal Corridor Caquitainments ony Courts Yn Opracniesy ytorrnantn? Shola Gorrdoorabion Caquiramentss Ye implenanted into lass, \n anger ok Se Lo…
24-5927 William Dale Watson v. William Streeter, Warden, et al. Eleventh Circuit 2024-11-06 Denied Relisted (2)IFP criminal-procedure evidence-admissibility judicial-error jurisdictional-challenge prosecutorial-misconduct trial-fairness 1. Mr. Watson alleged the circuit court did not have the jurisdiction to try his case or sentence him, due to his Forged waiver of arraignment by an o…
24-5793 Derek Don Posey v. Oklahoma Oklahoma 2024-10-21 Denied IFP acquittal-standard case-law evidence-admissibility judicial-precedent procedural-review ultimate-issue WHETHER EVIDENCE FROMAPRIORPROCEEDING WHICH RESULTED INACQUITTAL SHOULD HAVEBEENDEEMED INADMISSIBLE BECAUSE THEACQUITTAL DETERMINED ANULTIMATE ISSUECO…
24-5758 Eriston Wilson v. United States Fifth Circuit 2024-10-15 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split conspiracy-charge evidence-admissibility extrinsic-evidence intent-determination rule-404b Does the Fifth Circuit's rule that a plea of not guilty to a conspiracy charge automatically renders similar, extrinsic acts admissible as relevant to…
24-5700 Andersen Rable v. United States Eleventh Circuit 2024-10-03 Denied Response RequestedResponse WaivedRelisted (3)IFP atf-interpretation criminal-procedure evidence-admissibility federal-firearms-license firearms-regulation mens-rea 1. Whether the District Court, Erred When It Refused to Allow Evidence of the Fact That the Bureau of Alcohol Tobacco and Firearms (hereinafter ATF), …
24-5519 Matthew Peddicord v. United States Eleventh Circuit 2024-09-11 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split criminal-procedure evidence-admissibility prior-bad-acts propensity-evidence rule-404b Whether evidence of prior bad acts is admissible under Rule 404(b) where its relevance to a proper purpose depends on propensity reasoning.
24-5292 Shawn Paul O'Brien v. Kansas Kansas 2024-08-09 Denied IFP appellate-review criminal-procedure evidence-admissibility jury-instructions prosecutorial-misconduct sexual-offense For the Supreme Court of the United States to Correct these errors from the Court of Appeals of the State of Kansas and any error found from any other…
24-5132 Charles Fitzgerald Branch v. United States Ninth Circuit 2024-07-23 Denied Response WaivedIFP circuit-split evidence-admissibility evidence-admission federal-rules-of-evidence hearsay hearsay-rule judicial-interpretation non-hearsay non-hearsay-probative-value probative-value procedural-standard Should this Court resolve a split between the Ninth and Third circuits, where the Third Circuit has condemned the admission of evidence for a non-hear…
24-5021 Joyce Isagba v. United States Eleventh Circuit 2024-07-09 Denied Response WaivedIFP admissibility criminal-procedure due-process evidence-admissibility federal-rules-of-evidence-404b fifth-amendment prior-bad-acts relevance rule-404b sentencing-conditions supervised-release I. Under Rule 404(b), Federal Rules of Evidence, is a single uncharged act occurring 5-7 year prior to the charged conduct in question, without any in…
23-7545 Bobby Tatum v. Darren Galloway, Warden Seventh Circuit 2024-05-22 Denied Response WaivedIFP actual-innocence child-victim-testimony civil-rights confrontation-clause criminal-procedure due-process evidence-admissibility habeas-corpus ineffective-assistance-of-counsel video-evidence 1) Whether it's Proper For the District court to Tawed and Cove ANd CaiWote-to Growed Pex Alors 40 Goppgrts Me Chem & GAC Facroul Lonocences and déry …
23-1186 Rodney Thomas Ternovsky v. Florida Florida 2024-05-02 Denied Response Waived consent due-process evidence-admissibility fair-trial Fourteenth-Amendment irrelevant-evidence jury-prejudice prejudicial-evidence trial-procedure Whether the Petitioner's Fourteenth Amendment due process right to a fair trial was violated when the trial court allowed the State to inform the jury…
23A972 Benjamin Biancofiori v. United States Seventh Circuit 2024-05-01 Presumed Complete confrontation-clause criminal-procedure evidence-admissibility hearsay-exception sex-trafficking sixth-amendment Question not identified.
23-7037 Billy Joe King v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-03-20 Denied IFP appellate-jurisdiction burden-of-proof civil-procedure competency-hearing constitutional-rights criminal-procedure due-process evidence-admissibility judicial-review mental-capacity standing Question not identified.
23A848 Carlos Vega v. Terence B. Tekoh Ninth Circuit 2024-03-19 Presumed Complete civil-rights constitutional-violation evidence-admissibility law-enforcement miranda-rights section-1983 Question not identified.
23-6866 Cesar Abreu v. United States Second Circuit 2024-02-29 Denied Response WaivedIFP criminal-procedure due-process evidence-admissibility federal-rule-of-evidence-404b federal-rules-of-evidence fifth-amendment narcotics narcotics-distribution prior-conviction prior-convictions search-and-seizure Whether the decision of the United States Court of Appeals for the Second Circuit, affirming Petitioner's conviction of narcotics distribution in the …
23A794 Gail M. Ritchey v. Ohio Ohio 2024-02-27 Presumed Complete confrontation-clause constitutional-criminal-procedure coroner's-report evidence-admissibility hearsay sixth-amendment Question not identified.
23-6489 Robert E. Harrison v. United States Eighth Circuit 2024-01-17 Denied Response WaivedIFP circuit-split criminal-procedure evidence evidence-admissibility intent-knowledge prior-bad-acts prior-conviction propensity-evidence rule-404(b) rule-404b statutory-interpretation supreme-court 1. Are prior gun possession convictions admissible under Rule 404(b) to prove knowing or intentional gun possession on a later date when the governmen…
23-6356 Mohammad Sharifi v. Alabama Alabama 2023-12-27 Denied Relisted (2)IFP actual-innocent armed-evidence constitutional-search criminal-procedure direct-evidence due-process evidence-admissibility forensic-evidence fourth-amendment police-misconduct reasonable-doubt trial-judge Question not identified.
23-6293 Shallon Hawkins v. David Vandergriff, Warden Eighth Circuit 2023-12-18 Denied Relisted (2)IFP actual-innocence civil-rights criminal-procedure due-process evidence-admissibility habeas-corpus ineffective-assistance-of-counsel motion-to-suppress newly-discovered-evidence prosecutorial-misconduct trial-court Did the United States District Court error, by denying my Claims for procedural defaultier tl rue thon, under Nociner, Glenn furstamental Fcnesy Vewly…
23-6271 Tyrone Maddox v. Illinois Illinois 2023-12-15 Denied IFP criminal-procedure evidence evidence-admissibility intent intent-element judicial-discretion narcotics-charge prejudice prejudicial-evidence prior-conviction prior-convictions probative-value The trial court should not have allowed the introduction of Tyrone Maddox's 20 year old prior Indiana Conviction for delivery of Narcotics on the issu…
23-5838 Mario Reynoso, aka Mario Hernandez v. United States Tenth Circuit 2023-10-19 Denied Response WaivedIFP admissibility-of-evidence character-evidence district-court-discretion district-courts evidence-admissibility federal-rules-of-evidence non-propensity-purpose reasoning rule-404(b)(2) rule-404b ultimate-decision Whether Rule 404(b)(2) of the Federal Rules of Evidence permits district courts the use of propensity/character-conforming reasoning to reach an ultim…
23-187 Michael Ramon Ochoa v. Arthur Levine, et al. Pennsylvania 2023-08-29 Denied Response Waived administrative-law civil-procedure cloud-based-evidence cloud-computing constitutional-jurisdiction discovery evidence-admissibility federal-rules-of-evidence hipaa-privacy-rule judicial-procedure medical-records rule-32 1. Are the cloud-based #NetoOrganon and the dashboard tools attached as exhibits admissible as models per Rule 32 of this Court? = YES 2. Do the resp…
23-5413 Christopher Ray Lipska, aka Christopher Ray Hare v. Oregon Oregon 2023-08-23 Denied IFP child-abuse child-sexual-abuse criminal-procedure evidence evidence-admissibility judicial-discretion prior-convictions sentencing sentencing-proportionality sexual-abuse 1) In an ECSA and unlawful contact with a trial, does a trial court abuse its OEC 401, 402, 403 discretion by allowing the state to present evidence t…
23-5409 Peter Fratus v. United States Third Circuit 2023-08-21 Denied Response WaivedIFP evidence-admissibility kars4kids prejudicial-effect probative-value rep-waters third-circuit I. Whether the Third Circuit did not properly weigh the probative value with the prejudicial effect when admitting the messages to Kars4Kids and Rep. …
23-5161 Derek M. Funk v. Oklahoma Oklahoma 2023-07-21 Denied IFP 14th-amendment 9th-amendment civil-rights confrontation-clause constitutional-challenge constitutional-law criminal-procedure due-process evidence-admissibility statute-interpretation statutory-interpretation Are Oklahoma statute(s) 21 O.S. § 1040.12(a), 21 O.S. 1040.8 (a), and 21 O.S. § 1024.1 in conformity with the United States Constitution, Amendment(s)…
22-7905 Tikisha Upshaw v. California California 2023-06-29 Denied IFP cell-phone-location co-defendant criminal-procedure due-process evidence-admissibility expert-witness fair-trial jury-instructions police-testimony scientific-reliability witness-testimony Question not identified.
22-7870 Jayson Neil Sparks v. Texas Texas 2023-06-26 Denied IFP civil-rights constitutional-law constitutional-rights criminal-defendant criminal-procedure due-process evidence-admissibility federal-courts standing state-court-ruling statutory-interpretation Question not identified.
22-7828 John C. Russell v. Patrick Covello, Warden Ninth Circuit 2023-06-21 Denied Response WaivedIFP dna-evidence due-process evidence-admissibility generally-accepted novel-methodology pre-trial-hearing reliability scientific-methodology scientific-reliability 1. DNA evidence play ed a central role in this 44 y ear-old murder case in two way s: the presence of a "match" between petitioner's profile and the m…
22-7787 Noel K. Bango v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-06-14 Denied Response WaivedRelisted (2)IFP constitutional-rights discovery-violation dna-evidence due-process evidence-admissibility federal-rights police-misconduct police-reports sexual-battery speedy-trial tainted-evidence trial-procedure 1. IS IT POSSIBLE TO HAVE AN INDIVIDUAL 'S DNA BUCCAL SWABS TAKEN IN NEW JERSEY, FEBRUARY 15, 2019, FEDERAL EXPRESSED TO FLORIDA, AND FLORIDA, RECEI…
22-7741 Rudy Alvarez v. United States Ninth Circuit 2023-06-09 Denied Amici (1)IFP burden-of-proof criminal-procedure due-process evidence-admissibility fifth-amendment law-enforcement-procedure miranda-warning miranda-warnings police-interrogation self-incrimination supreme-court 1. When determining whether statements made after a midstream Miranda warning are admissible, do courts consider the warning's objective effectiveness…
22-7711 William Jon Patric Ebert v. United States Fourth Circuit 2023-06-05 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-admissibility fourth-circuit prior-bad-acts rule-404(b) rule-404b sixth-circuit united-states-v-stout WHETHER THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERRED IN AFFIRMING THE DISTRICT COURT'S RULING TO ADMIT EVIDENCE OF THE APPELLANT'S …
22-7610 Othniel Evans Maragh v. Roosevelt Island Operating Corporation, et al. Second Circuit 2023-05-22 Denied IFP appellate-review civil-procedure civil-rights constitutional-rights due-process evidence evidence-admissibility judicial-bias standing summary-judgment Is it ethical or legal for the Southern District Court of New York's Judge, Jesse M Furman to disregard every shred of evidence presented by the Plain…
22-7437 Kevin Darrell Miller v. United States Ninth Circuit 2023-05-02 Denied Response WaivedIFP contemporaneous-conduct criminal-procedure drug-distribution drug-use evidence evidence-admissibility intent-standard mens-rea possession Whether, in a drug distribution trial, evidence of a defendant's drug use and simple possession is admissible to prove mens rea if the use and possess…
22-7204 Eriston Wilson v. United States Fifth Circuit 2023-04-04 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-conflict conspiracy conspiracy-charges evidence-admissibility extrinsic-evidence intent intent-standard not-guilty rule-404(b) rule-404b Each Court of Appeals has instituted its own multi-pronged test for determining the admissibility of extrinsic evidence under Fed. R. Evid. 404(b), cr…
22-6731 Lamon Demetrus Wright v. United States Fifth Circuit 2023-02-08 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation confrontation-rights due-process evidence-admissibility federal-courts good-cause good-cause-standard hearsay hearsay-reliability reliability supervised-release What manner of hearsay should be considered "reliable" when federal courts decide whether the government has established "good cause" to deny confront…
22-6612 Teri Bernard Johnson v. Randee Rewerts, Warden Sixth Circuit 2023-01-24 Denied Response WaivedIFP capital-murder civil-rights courtroom-access criminal-procedure due-process evidence-admissibility habeas-corpus ineffective-assistance mitigating-evidence public-trial right-to-counsel sentencing-phase Question not identified.
22-6615 Robert Jim v. United States Ninth Circuit 2023-01-24 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidence-admissibility evidence-presentation fair-trial improper-evidence reasonable-doubt sentencing trial-fairness I. Whether The Court Violated Jim's Constitutional Rights To Due Process & A Fair Trial By Allowing Improper Evidence & Preventing Him From Presenting…
22-6601 Rick Benavides v. United States Fifth Circuit 2023-01-23 Denied Response WaivedIFP criminal-defense criminal-procedure due-process entrapment evidence-admissibility government-inducement law-enforcement-conduct predisposition social-media Petitioner was subjected to a pervasive inducement campaign by government agents using social media and texts to his personal phone. The question pres…
22-6563 Jaquain Young v. United States Ninth Circuit 2023-01-18 Denied Response WaivedIFP complete-defense confrontation-clause constitutional-rights criminal-procedure due-process evidence evidence-admissibility federal-rules-of-evidence judicial-discretion right-to-present-defense severance witness-recantation 1. Shortly after the murder of Jelvon Helton, which petitioner was convicted of, witness Tierra Lewis went to the police, circled codefendant Esau Fer…
22-5980 Arius Hopkins v. United States Second Circuit 2022-11-02 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidence evidence-admissibility fair-trial federal-rules-of-evidence grand-jury rule-404(b) trial-fairness Whether the admission of evidence of prior alleged conduct similar to the crime on trial and dismissed by a grand jury, which was noticed for one purp…
22-5590 Robert Nathan Hensley v. United States Eighth Circuit 2022-09-15 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process evidence evidence-admissibility ineffective-assistance-of-counsel legal-scrutiny prosecutorial-misconduct sexual-offenses Is it INEFFECTINE ASSISTENCE OF COUNSEL WHERE : THEREBY PROUING NOT ALLOWE "TAMPERED EVIDENCE" WERE AT TRIAL DUE TO THE JUOGE "CHOOSINE 11 THIS WAS ON…
22-5576 Thoucharin Ruttanamongkongul v. United States Eighth Circuit 2022-09-13 Denied Response RequestedResponse WaivedRelisted (2)IFP civil-rights conspiracy criminal-procedure due-process evidence-admissibility human-trafficking sentencing sentencing-guidelines sex-work sexual-offense statutory-interpretation violent-crime When state values v. evidence, to show that petitioner fired (unclear handwriting) to the United States to court completely e.g. a six footers; and th…
22-167 Daniel J. Van Linn v. Wisconsin Wisconsin 2022-08-23 Denied Amici (1)Response Waived circuit-split evidence-admissibility exclusionary-rule fourth-amendment independent-source objective-inquiry reasonable-officer subjective-inquiry Whether a court seeking to determine if a source of evidence is "genuinely independent" for purposes of the "independent source" exception to the excl…
22-5150 Julio Cesar Gomez v. United States Ninth Circuit 2022-07-21 Denied IFP circuit-split criminal-procedure due-process entrapment entrapment-defense evidence-admissibility fair-trial inadmissible-evidence judicial-discretion preemptive-rebuttal The Second, Seventh, Eighth, Eleventh, and D.C. Circuits require that before the government may introduce otherwise inadmissible evidence to rebut a c…
21-7506 Curtis Carr v. Illinois Illinois 2022-03-31 Denied IFP 14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process evidence-admissibility fair-trial fifth-amendment interrogation interrogation-techniques videotaped-evidence Does the admissibility of videotaped interrogations in which the interrogating officers inject their conclusions about the operator's guilt violate th…
21-1100 3M Company, et al. v. George Amador Eighth Circuit 2022-02-09 Denied Amici (6) appellate-review daubert-standard daubert-v-merrell-dow evidence-admissibility expert-testimony federal-rule-of-evidence-702 general-electric-v-joiner judicial-gatekeeping pending-mdl reliability-threshold standard-of-review 1. Whether the Eighth Circuit's "so fundamentally-unsupported" standard of initial admissibility for expert testimony conflicts with this Court's prec…
21-7020 Charles David Gordon v. Joe A. Lizarraga, Warden Ninth Circuit 2022-01-31 Denied Response WaivedIFP brady-disclosure criminal-procedure due-process evidence-admissibility mental-health segregation self-incrimination voluntariness voluntary-statements I. Whether a defendant's statements may be admitted into evidence when the statements were made while she was placed in segregated confinement based o…
21-1020 Janet Tingling v. Educational Credit Management Corporation, et al. Second Circuit 2022-01-19 Denied Response Waived altered-documents business-records civil-procedure due-process evidence-admissibility genuine-issue loan-documents material-fact pro-se-litigation student-loans summary-judgment 1. Whether the Court of Appeals position was inconsistent with the standards outlined in Rule 56(e), which provides that summary judgment is only prop…
21-6704 Jose D. Drew v. United States Eighth Circuit 2021-12-22 Denied Response WaivedIFP abuse-of-discretion evidence-admissibility federal-rules-of-evidence jury-inference material-element prior-convictions rule-404(b) rule-404b Whether the abuse of discretion review of the introduction of multiple prior convictions as rule 404(b) evidence requires the government to offer some…
21-6499 Henry Pratt v. Pennsylvania Pennsylvania 2021-12-03 Denied Response WaivedIFP bias civil-litigation civil-procedure evidence evidence-admissibility insurance-bias motive restitution restitution-claim settlement-agreement trial-court-discretion Where the trial court erred by precluding the Use of a CivifSettlement Agreement between Henry Pratt and Nationwide which was admissible to show Natio…
21-6396 Tamara Jeune v. United States Eleventh Circuit 2021-11-23 Dismissed IFP circuit-court-conflict circuit-split criminal-procedure criminal-propensity evidence-admissibility federal-rules-of-evidence prejudice prior-bad-acts probative-value propensity-evidence How are the courts to properly apply Fed. R. Evid. 404(b)? Should they apply the Third Circuit's more substantive approach which requires a close conn…
21-6264 Marion Katrell Campbell v. United States Fourth Circuit 2021-11-15 Denied Response WaivedIFP district-court-discretion due-process evidence evidence-admissibility federal-rules-of-evidence rule-404(b) rule-404b rule-702 trial-procedure WHETHER THE DISTRICT COURT IMPROPERLY ALLOWED FEDERAL RULE OF EVIDENCE 404(b) & 702 IN PETITIONERS TRIAL
21-6089 Edward N. Daniels v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2021-10-26 Denied Response WaivedIFP bruton-precedent bruton-v-united-states co-conspirator co-defendant confrontation-clause criminal-procedure cross-examination due-process evidence-admissibility precedent DID THE LOWER COURT ERR WHEN THEY REFUSED TO APPLY THIS COURT'S PRECEDENT IN BRUTON V. UNITED STATES, 391 U.S. 123 (1968) WHEN THE CO-CONSPIRATOR / C…
21-5629 Alba Duque v. Chabad at the Civic Center, Inc. Florida 2021-09-10 Denied IFP contract contract-validity enforceability evidence evidence-admissibility judicial-discretion parties quit-claim-deed real-estate real-estate-contract specific-performance (1) *Can a Real Estate Contract be legally valid and enforceable if not all the required parties signed it? (2) *When a Quit Claim Deed became legall…
21-5579 Emmanuel Perez v. Nebraska Nebraska 2021-09-03 Denied Response WaivedIFP circuit-court-split circuit-split criminal-procedure due-process evidence-admissibility evidence-rule evidentiary-standard federal-rules-of-evidence inextricably-intertwined judicial-interpretation standard-of-review There is a split between the United States Circuit Courts regarding whether the "inextricably intertwined " standard is a proper exception to Fed.R.Ev…
21-5338 Michael Vincent Moore v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-08-10 Denied IFP constitutional-rights dna-evidence due-process evidence-admissibility fifth-amendment fourteenth-amendment fourth-amendment mistrial probable-cause prosecutorial-misconduct trial-procedure PETTIONER'S INTERNET FALEBOOK PAGE AND SEEING HIS TAN AND WHITE OG WHEN THE PROSECUTOR RECEIVED THE DNA REPORT ON H/D/AOL ONE WEEK BEFORE FILING AFFID…
21-5032 Paris Poe v. United States Seventh Circuit 2021-07-07 Denied Response WaivedIFP daubert daubert-standard evidence evidence-admissibility expert-testimony feature-comparison federal-rules-of-evidence reliability-standard scientific-methodology scientific-reliability subjective-feature-comparison Whether this Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and Federal Rule of Evidence 702 require lower cou…
20-8425 Phillip L. Carson v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-06-28 Denied Response WaivedIFP 14th-amendment 5th-amendment brady-v-maryland constitutional-rights criminal-procedure defendant-rights due-process evidence-admissibility giglio-v-united-states judicial-precedent supreme-court-review right to the Due Process of Law? (uscA sth &14 th Amendments) .Has the Supreme Courtof the Vnited States overtured its own Precident in Brady V. Mary…
20-8430 Samuel Gayden v. Illinois Illinois 2021-06-24 Denied IFP chain-of-custody criminal-procedure dna-evidence evidence-admissibility fair-trial ineffective-assistance jury-instructions lay-opinion prosecutorial-misconduct trial-procedure witness-identification I Whether the State misused DNA evidence to link Petitioner to the weapon used in the offense, and to alleged threatening letters sent from the Cook C…
20-8344 Harry Sharod James v. Tom Brickhouse, et al. Fourth Circuit 2021-06-17 Denied IFP criminal-procedure due-process equal-protection evidence-admissibility ex-post-facto grand-jury impartial-jury indictment judicial-discretion trial-rights Does the Due Process Clause of the Fourteenth Amendment, as applied to the states through the Fourteenth Amendment and presented to a grand jury in th…
20-8151 Marcus D. Williams v. California California 2021-05-26 Denied IFP confrontation-clause constitutional-evidence criminal-procedure due-process evidence-admissibility forensic-evidence forensic-testing hearsay hearsay-evidence testimonial-statement testimonial-statements 1. What degree of formality is necessary before hearsay statements contained within a forensic testing report which connect an accused to the testing …
20-8116 Carlos Bayon v. United States Second Circuit 2021-05-25 Denied Response WaivedIFP circuit-split criminal-procedure evidence evidence-admissibility federal-rule-of-evidence-404(b) federal-rules-of-evidence judicial-discretion legal-interpretation rule-of-exclusion rule-of-inclusion Federal Rule of Evidence 404(b) permits the admission of evidence of any other crime, wrong or act to prove a criminal defendant's motive, opportunity…
20-8134 Erik Jimenez v. Texas Texas 2021-05-25 Denied Relisted (2)IFP 404(b)-exception abuse-of-discretion criminal-procedure evidence-admissibility evidentiary-ruling later-date texas-rule-of-evidence-404(b) texas-rules-of-evidence trial-court trial-procedure 1) Whether the trial court admissability of evidence of a later date and not for what defendant was on trial was an abuse of discretion under Texas ru…
20-8081 Melvin Roshard Alfred v. United States Tenth Circuit 2021-05-20 Denied Response WaivedIFP criminal-procedure evidence evidence-admissibility federal-rules-of-evidence intrinsic-evidence misconduct-evidence rule-404(b) rule-404b social-media uncharged-misconduct Whether uncharged misconduct evidence that does not directly prove the charged crime may be deemed "intrinsic evidence" and admitted without the admis…
20-7761 Andrew Indelicato Peterson v. S. Butler, Warden Sixth Circuit 2021-04-14 Denied IFP conviction-challenge criminal-procedure due-process essential-elements evidence-admissibility felon-in-possession knowledge-of-status plea-agreement prior-conviction prior-misconduct sentencing statutory-interpretation Can the distriet Court Use Post offenic conduct for crimes that a defendant never Served Overa Year in Prison to assume ai defendant knew his status P…
20-7675 John G. Stroming v. United States Second Circuit 2021-04-07 Denied Response WaivedIFP age-gender-differences child-molestation criminal-procedure criminal-propensity evidence evidence-admissibility evidentiary-rules federal-law prior-convictions propensity victim-characteristics Whether prior convictions for crimes of child molestation can be admitted into evidence where – because of differences in the age and gender of the vi…
20-1347 Selvin Eduardo Zecena-Valdez v. Nevada Nevada 2021-03-25 Denied confrontation-clause criminal-procedure due-process evidence evidence-admissibility fair-trial prior-bad-acts reverse-404(b) sexual-assault Whether the Supreme Court of Nevada's interpretation and application of Nevada Revised Statute ("NRS") 48.045(2) deprived Mr. Zecena of his right to a…
20-7503 Mark Randall Jones v. United States Fifth Circuit 2021-03-19 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidence-admissibility fourth-amendment fourth-amendment-violation gut-feeling mail-chute post-office warrantless-search warrantless-seizure A. Whether the Warrantless Seizure of Packages from the Mail Chute at the U.S. Post Office Based on Nothing More than a "Gut Feeling" Violates the Fou…
20-7432 Kevin Leon Lucien v. Texas Texas 2021-03-11 Denied IFP 14th-amendment criminal-procedure due-process evidence evidence-admissibility federal-law federal-preemption prosecutorial-discretion state-law Whether a state's own articles of law can supercede federal law to further prosecute a defendant in regards to admissable and inadmissable evidence th…
20-1196 Benjamin McClellan v. Ohio Ohio 2021-03-01 Denied 5th-amendment confession-suppression constitutional-rights criminal-procedure due-process evidence-admissibility involuntary-confession motion-to-suppress police-interrogation standard-of-review Whether the denial of petitioner's Motion to Suppress his confession was proper.
20-7231 Troy Baker v. United States Sixth Circuit 2021-02-24 Denied Response RequestedResponse WaivedRelisted (2)IFP background-evidence circuit-split confrontation-clause criminal-procedure evidence-admissibility investigative-context jury-instructions out-of-court-statements prejudice Should the Court Grant the Petition to Resolve a Conflict Among the Circuit Courts Over the Propriety of Admitting Out-of-Court Statements That a Defe…
20-6989 Rodney Louis Sims v. Kimberly A. Seibel, Warden Ninth Circuit 2021-01-29 Denied Response WaivedIFP cell-phone-data criminal-appeal due-process evidence-admissibility fourth-amendment fourth-amendment-jurisprudence ninth-circuit privacy prosecutorial-conduct reasonable-expectation-of-privacy search-and-seizure witness-testimony .IN APPENDIX H.PETITONER NOTICE OF APPEAL DID PETITIONE SHOW "SUFFICIENT EVIDENCE AND FACTS" OF AL THREE WITNESS'S WHO"SWEAREC UNDER OATH TO TELI THE …
20-6939 Thomas Nevius v. Gurbir S. Grewal, Attorney General of New Jersey, et al. Third Circuit 2021-01-26 Denied Response WaivedIFP administrative-law brady-violation civil-procedure civil-rights co-defendant-confession confrontation-clause criminal-procedure due-process equal-protection evidence-admissibility judicial-discretion standing DID THE DISTRICT COURT ERR WHEN IT DECIDED THAT CO-DEFENDANT (WILLIAM BOSTON) MINIMIZED HIS INVOLVEMENT IN THE HOMICIDE, THEREFORE MAKING HIS CONFESSI…
20-6675 Augustine L. Cavitte v. Nebraska Nebraska 2020-12-21 Denied Response WaivedIFP criminal-procedure due-process evidence-admissibility law-enforcement-conduct miranda-rights prosecutorial-misconduct self-defense self-incrimination voluntariness 1) Did the lower courts err in finding Ms. Cavitte's statements admissible contrary to present Miranda standards? a. Did the Nebraska Court of Appeals…
20-6580 Joseph W. Peeples, III v. United States Second Circuit 2020-12-09 Denied Response WaivedIFP arrest civil-rights constitutional-rights criminal-procedure detention due-process evidence-admissibility fourth-amendment search-and-seizure travel warrantless-search Does the long standing commitment on U.S. Constitution Fourth and Fourteenth Amendment to right with Federal Rules of Criminal Procedure 3, 5, 5.1, 7,…
20-775 Clifford Williams v. Louisiana Louisiana 2020-12-07 Denied Response Waived constitutional-rights criminal-procedure due-process evidence-admissibility fifth-amendment fourteenth-amendment right-to-present-defense self-defense sixth-amendment Clifford Williams was convicted of murder in New Orleans, Louisiana, after the trial court denied him the right to introduce evidence showing he was r…
20-6411 Miguel A. Ramirez v. California California 2020-11-24 Denied IFP civil-rights criminal-conviction criminal-procedure cumulative-error defendant-rights due-process evidence-admissibility jury-instructions prejudicial-error sexual-abuse 1. whetheR a juRy InstRuction in corractly Stating That Continous Sexual abuse of a child is a general intent cRime was PRejudiciael? 2. Whothek the …
20-6296 David Lague v. United States Ninth Circuit 2020-11-13 Denied IFP burden-of-proof civil-procedure evidence evidence-admissibility intent prior-acts rule-404(b) rule-404b statistical-comparison statistics unlawful-acts unlawful-intent Rule 404(b) prohibits evidence of a defendant's uncharged acts that "might adversely reflect on the actor's character," unless the evidence helps prov…
20-6070 James Dee Gilmore, Jr. v. United States Ninth Circuit 2020-10-19 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process evidence-admissibility interrogation-techniques miranda-rights sixth-amendment voluntary waiver 1. In failing to require the government to meet its heavy burden to show that defendant's post–invocation waiver of his Miranda rights, including his …
20-502 Ken Mascara, in His Official Capacity as Sheriff of St. Lucie County, Florida, et al. v. Viola Bryant, as Personal Representative of the Estate of Gregory Vaughn Hill, Jr. Eleventh Circuit 2020-10-16 Denied civil-police-liability civil-rights due-process evidence evidence-admissibility harmless-error judicial-review police-liability probation probationary-status rules-of-evidence standard-of-review Whether this Court should adopt a more flexible standard of admissibility of evidence than what is required by Huddleston v. U.S., 485 U.S. 681 (1988)…
20-5947 Craig Martin Shults v. United States Ninth Circuit 2020-10-08 Denied Response WaivedIFP 18-usc-115 criminal-procedure criminal-prosecution due-process evidence-admissibility federal-judge federal-rules-of-evidence federal-statute federal-threat subsequent-act-evidence Whether, in an 18 U.S.C. § 115(a)(1)(B) prosecution for threatening a federal judge, subsequent act evidence of additional threats made months after t…
20-5905 Travon Jarvel Jackson v. United States Ninth Circuit 2020-10-05 Denied Response WaivedRelisted (2)IFP confrontation-clause criminal-procedure evidence-admissibility federal-rules-of-evidence rule-412 rule-608b sex-trafficking sixth-amendment witness-impeachment A. Whether evidence of prior prostitution activity that is inadmissible under Rule 412 of the Federal Rules of Evidence to rebut a claim of sex traffi…
20-5896 In Re Douglas Weissert 2020-10-02 Denied IFP confrontation-clause constitutional-rights cross-examination evidence-admissibility mental-health prescription-medication sixth-amendment trial-procedure witness-testimony WHETHER STATE TRIAL COURT VIOLATED SIXTH AMENDMENT RIGHTS WHEN IT FORBADE CROSS EXAMINING ANGLE LEWIS ON MENTAL HEALTH HISTORY AND USE OF PRESCRIPTION…
20-5665 Nathaniel Marcus Gann v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2020-09-11 Denied IFP confrontation-clause constitutional-law criminal-procedure due-process evidence evidence-admissibility habeas-corpus testimonial-statements 1) IS THE ADMISSION OF IRRELEVANT OR OVERTLY PREJUDICIAL EVIDENCE A DUE PROCESS VIOLATION? (AND IS SUCH A VIOLATION SUFFICIENT TO ISSUE A WRIT OF HABE…
20-317 Dakai Chavis v. Delaware Delaware 2020-09-10 Denied Response RequestedResponse WaivedRelisted (4) confrontation-clause criminal-procedure dna-evidence evidence-admissibility multi-analyst-testing out-of-court-statements testimonial-statements Whether the Confrontation Clause permits DNA evidence obtained as the result of a multi-analyst testing process to be introduced against the defendant…
20-5145 In Re Charles Talbert 2020-07-22 Denied IFP civil-rights constitutional-rights criminal-procedure due-process evidence-admissibility fair-trial ineffective-assistance-of-counsel judicial-discretion post-conviction-review prosecutorial-misconduct Question not identified.
19-8887 Maria Pena-Rivera v. United States Ninth Circuit 2020-07-02 Denied Response WaivedIFP appellate-review criminal-procedure district-court evidence-admissibility evidence-admission evidentiary-standard federal-rules-of-evidence judicial-error rule-403 rule-404(b) Is it error by the district court to fail to enumerate the specific basis for allowing evidence pursuant for Federal Rule of Evidence section 404(b) s…
19-7800 Donald Sheman Bush v. United States Fourth Circuit 2020-02-27 Denied Response WaivedIFP abuse-of-discretion circuit-split de-novo de-novo-review evidence-admissibility evidence-rule-404b evidentiary-rules federal-rules-of-evidence-404(b) legal-interpretation other-acts rule-404b standard-of-review Federal Rule of Evidence 404(b) provides that "evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to sh…
19-7652 Steven Craig Whyte v. United States Sixth Circuit 2020-02-12 Denied Response WaivedIFP common-sense common-sense-topics daubert daubert-standard drug-enforcement drug-experts evidence-admissibility expert-testimony jury-instructions kumho-tire Whether this Court's Daubert/Kumho Tire jurisprudence bars presentation of law-enforcement agent "drug experts" testifying regarding plain-English exc…
19-7469 Olga Palamarchuk v. United States Ninth Circuit 2020-01-29 Denied IFP escobar evidence evidence-admissibility lender-conduct mail-fraud materiality materiality-standard ninth-circuit ninth-circuit-interpretation recipient-behavior supreme-court-precedent This case raises questions concerning the standard by which materiality is to be determined in a mail fraud case. The United States Supreme Court in U…
19-7261 Gibron Lopez v. United States Second Circuit 2020-01-13 Denied Response WaivedIFP co-conspirator criminal-procedure criminal-relationship criminal-relationship-development evidence evidence-admissibility evidence-rule-404(b) hobbs-act inextricably-intertwined-evidence intimate-relationship narcotics-sales relationship rule-404(b) rule-404b sexual-relationship trust trust-relationship 1. Where evidence of prior narcotics sales was introduced at trial to establish both a relationship of trust among co-conspirators, as well as how the…
19-7138 Michael Blankenship v. United States Fourth Circuit 2020-01-06 Denied Response WaivedIFP clean-water-act criminal-procedure environmental-law evidence evidence-admissibility eyewitness-testimony fecal-coliform intent prejudice rule-404(b) rule-404b witness-testimony 1. Whether in a prosecution for illegally dumping waste into a creek, where a major part of the Government's case was based on eyewitness testimony ab…
19-6341 Charles Raymond Stagner v. United States Eleventh Circuit 2019-10-22 Denied Response WaivedIFP criminal-intent criminal-procedure drug-crimes due-process evidence-admissibility fifth-amendment intent methamphetamine-possession sentencing sentencing-reduction sufficiency-of-evidence Whether the Fifth Amendment Guarantees the Petitioner the Right to a Judgment of Acquittal If the Government Fails to Prove the Petitioner Intended to…
19-6236 Christina Marie Eichler v. United States Tenth Circuit 2019-10-10 Denied IFP buyer-seller-rule circuit-split conspiracy conspiracy-to-distribute criminal-law distribution drug-sales due-process end-users evidence-admissibility jury-instruction 1. Is evidence of drug sales admissible to prove a conspiracy to distribute when the person charged with the conspiracy only sold drugs to end users a…
19-6179 Jesus Felix-Heras v. United States Ninth Circuit 2019-10-07 Denied Response WaivedIFP computer-forensics confrontation-clause criminal-procedure database-search evidence-admissibility expert-testimony fingerprint-analysis forensic-evidence search-algorithm sixth-amendment Whether admission of the results of a search of computer fingerprint database, which the record shows to be identical to fingerprint analysis done by …
19-6145 Anthony Mark Smith, Jr. v. Virginia Virginia 2019-10-03 Denied IFP civil-rights constitutional-rights criminal-procedure due-process evidence evidence-admissibility fair-trial hearsay precedent standard-of-proof victim-testimony In light of the decisions in Jackson v Virginia, 443 U.S. 307 (1979), whether the trial court erred in finding the petitioner guilty beyond a reasonab…
19-6063 William Alexander v. New York New York 2019-09-25 Denied Response RequestedResponse WaivedRelisted (2)IFP chambers-v-mississippi confrontation-rights criminal-procedure due-process evidence evidence-admissibility eyewitness-testimony misidentification photographic-evidence Whether Chambers v. Mississippi, 410 U.S. 284 (1973), and its progeny require the admission of reliable photographic evidence of what an accused was w…
19-367 Shambria Necole Smith v. Kansa Technology, L.L.C. Fifth Circuit 2019-09-19 Denied appeal district-court district-court-procedure due-process due-process,jury-tampering,jury-taint,trial-procee evidence-admissibility jury-taint jury-tampering trial-proceedings workers-compensation The testimony presented in the instant matter as well as the underlying facts and circumstances reveal that the following issues, which form the basis…
19-5937 Raymond Johnson v. Credit One Bank, et al. Maryland 2019-09-13 Denied IFP civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection evidence-admissibility free-speech judicial-discretion patent standing takings trial-procedure Did the trial court wrongfully deny Johnson's Fourth Amendment rights when the trial court failed to allow Johnson to present his motions to enforce S…
19-5550 Jackie Duncan v. United States Tenth Circuit 2019-08-09 Denied Response WaivedIFP 10th-circuit abuse-of-discretion civil-procedure constitutional-vagueness due-process evidence-admissibility federal-courts federal-jurisdiction federal-rules-of-evidence judicial-discretion procedural-error rule-403 rule-404(b) rule-404b standard-of-review 1. WHETHER THE 10TH CIRCUIT ERRED IN RULING THE WESTERN DISTRICT OF OKLAHOMA DIDN'T ABUSE THEIR DISCRETION? 2. WHETHER ANTHONY JOHNSON. TESTIMONY OUT…
19-5400 Jason Alston v. Prairie Farms Dairy, Inc., dba Luvel Fifth Circuit 2019-07-30 Denied IFP admissibility civil-procedure dispositive-motion district-court evidence evidence-admissibility evidence-hearing evidentiary-hearing hearing judicial-procedure jurisdiction legal-motion Whether the Respondent's Declarations submitted with their Dispositive Motion inadmissible evidence? Whether the District Court error in denying the …
19-5281 Ronald Wesley Jiles v. Michigan Michigan 2019-07-23 Denied IFP criminal-procedure due-process evidence-admissibility fair-trial fifth-amendment fifth-amendment-right jury-bias jury-instructions prejudice prosecutorial-misconduct self-incrimination WHETHER A DEFENDANT'S RIGHT TO EXERCISE HIS FIFTH AMENDMENT RIGHT WHILE IN OPEN COURT, COMMENTED ON BY THE PROSECUTION TO THE JURY DURING CLOSING WAS …
19-5167 Christian Don'tae Hood v. United States Fourth Circuit 2019-07-12 Denied Response WaivedIFP cellular-phone co-defendant compelled-testimony compulsory-process evidence-admissibility fifth-amendment fifth-amendment-rights jury-instruction post-arrest-interview search-and-seizure self-incrimination sixth-amendment I. IT WAS ERROR FOR THE TRIAL COURT TO ADMIT THE APPELLANT'S POST-ARREST INTERVIEW WHEN THE GOVERNMENT VIOLATED HIS FIFTH AMENDMENT RIGHTS BY FORCIBLY…
19-5053 Brandon M. Hicks v. Renee Baker, Warden, et al. Ninth Circuit 2019-07-03 Denied Response WaivedIFP 6th-amendment civil-rights constitutional-law constitutional-rights criminal-procedure due-process evidence-admissibility fair-trial ineffective-assistance-of-counsel judicial-conduct plea-bargaining sentencing separation-of-powers sixth-amendment 1) Whethe tn heen o Conion in context with his intent at sentenciny, is a violatiken of the Separation of powers doctrine, in the United States Consti…
18-9798 Craig A. Lee v. United States District of Columbia 2019-06-25 Denied IFP circuit-court-conflict criminal-propensity drew-v-united-states due-process evidence-admissibility evidence-of-other-crimes federal-circuits legal-precedent precedent prior-sexual-conduct sexual-assault undue-prejudice Whether the DC Court of Appeals' decision directly conflicts with established legal precedent in federal circuits, in particular Drew v. United States…
18-9627 Jeffrey Dean Tucker v. United States Fourth Circuit 2019-06-11 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process evidence evidence-admissibility jurisdiction standing witness-testimony 1. As it due Process to Convict on Mort Carolyna State Citizen Subuect to General Law intent to Submet a Mort Proceds Usnd Sucrician i belied o (Aumoe…
18-1491 Kaitlyn Nguyen v. United States Ninth Circuit 2019-05-29 Denied Response Waived 5th-amendment constitutional-rights criminal-procedure due-process evidence evidence-admissibility evidence-admission fifth-amendment inflammatory-evidence medical-clinic patient-deaths prejudicial-evidence prosecutorial-misconduct Whether petitioner's right to due process of law under the 5th Amendment, U.S. Constitution was violated by the prosecution's introduction of highly i…
18-8902 Gustav Kloszewski v. United States Second Circuit 2019-04-18 Denied Response WaivedIFP confrontation-clause constitutional-interpretation Crawford-precedent crawford-v-washington criminal-procedure due-process evidence evidence-admissibility precedent sixth-amendment testimonial-statements Did the lower court fail to follow this Court's precedent in Crawford v. Washington, 541 U.S. 36 (2004).
18-1262 Corona Regional Medical Center, et al. v. Marlyn Sali, et al. Ninth Circuit 2019-04-02 Dismissed admissibility circuit-split civil-procedure class-certification evidence evidence-admissibility federal-rules-civil-procedure federal-rules-of-civil-procedure federal-rules-of-evidence ninth-circuit precedent rule-23 standards-of-proof Whether the requirements for class certification under Federal Rule of Civil Procedure 23 can be satisfied with inadmissible evidence.
18-8487 Kevin Neysmith v. Pennsylvania Pennsylvania 2019-03-22 Denied IFP 4th-amendment birchfield-precedent birchfield-v-north-dakota blood-alcohol blood-alcohol-content criminal-procedure evidence-admissibility fourth-amendment fruits-of-the-poisonous-tree o-connell-warnings o'connell-warnings search-warrant warrantless-search Whether the Fourth Amendment prohibits State judicial systems from admitting evidence of blood alcohol content obtained without a search warrant pursu…
18-8533 Lance Williams v. California California 2019-03-22 Denied Response WaivedIFP civil-rights criminal-appeal criminal-procedure due-process evidence evidence-admissibility habeas-corpus ineffective-appellate-counsel ineffective-assistance-of-counsel insufficiency-of-evidence intent invalid-illegal-strike perjury police-report prejudicial-1101(b)-evidence pro-se prosecutor-coercion prosecutorial-misconduct uncharged-act witness-credibility witness-description 1. How can the state courts deny appeal on a issue of prejudicial 1101(B) evidence on a uncharged act used to prove intent where the police report of …
18-8166 Bruce Dwayne Winston v. United States Fourth Circuit 2019-02-27 Denied Response WaivedIFP 4th-amendment carpenter-v-united-states cell-site-data evidence-admissibility pretextual-stop reasonable-expectation-of-privacy search-and-seizure terry-stop unlawful-search-and-seizure Did the District Court error in allowing evidence attained in an illegal Terry/Pretextural stop to be admitted into evidence in violation of the Petit…
18-8111 Rossahn Black v. United States Sixth Circuit 2019-02-22 Denied Response WaivedIFP bullcoming confrontation confrontation-clause evidence-admissibility expert-witness forensic-evidence forensic-testimony melendez-diaz melendez-diaz-precedent ninth-circuit-interpretation sixth-amendment testimony I. Whether this Court's decision in Melendez-Diaz v. Massachusetts, 557 U.S. 305, 129 5.Ct. 2527 (2009) and Builcoming v. New Mexico, 5614 U.S. 647, 1…
18-1054 Jason Allen Jackson v. United States Eighth Circuit 2019-02-12 Denied admissibility circuit-split criminal-procedure criminal-prosecution drug-crimes drug-possession due-process evidence evidence-admissibility knowledge-intent prior-conviction prior-convictions Whether the mere fact of a prior drug possession conviction is admissible to show knowledge and intent in a subsequent drug distribution prosecution.
18-1046 Virginia Callahan, et al. v. Pacific Cycle, Inc. Fourth Circuit 2019-02-11 Denied Response Waived abuse-of-discretion appellate-review circuit-court-split circuit-split civil-procedure de-novo-review evidence evidence-admissibility evidentiary-ruling hearsay hearsay-evidence judicial-discretion standard-of-review When reviewing a district court's ruling to admit hearsay into evidence, should the Court of Appeals apply an abuse of discretion standard or engage i…
18-7719 Cesar Gomez v. Texas Texas 2019-02-01 Denied IFP 14th-amendment 5th-amendment 6th-amendment civil-rights constitutional-challenge criminal-procedure due-process evidence-admissibility ineffective-assistance sixth-amendment-rights standing texas-penal-code Whether Texas Penal Code ' 21.02, is Constitutional under the Fifth, Sixth, and Fourteenth Amendment of the United States Constitution? Whether a Sta…
18-7505 Demian Pina v. United States Sixth Circuit 2019-01-24 Denied Response WaivedRelisted (2)IFP confrontation-clause daubert due-process ecpa ecpa-violation electronic-surveillance evidence-admissibility fourth-amendment kyllo search-and-seizure speedy-trial Does the use of computer/internet surveillance technology, not available to the general public, to intrude into a home or curtilage (KYLLO) without pr…
18-7291 Dillon Wade Thompson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-08 Denied IFP constitutional-rights criminal-law criminal-procedure deliberation digital-cameras due-process evidence evidence-admissibility judicial-discretion jury jury-deliberations lewd-exhibition prosecutorial-misconduct trial Is it a violation of a defendant's Due Process rights if, while deliberating, the fact-finder viewed evidence that was not shown at trial, even if sai…
18-820 Teresa Y. Weinacker v. National Loan Acquisitions Company Eleventh Circuit 2018-12-27 Denied Response Waived civil-procedure civil-rights constitutional-interpretation court-procedure due-process evidence-admissibility federal-rules-of-civil-procedure federal-rules-of-evidence legal-precedent plausibility-standard standing subject-matter-jurisdiction twombly-iqbal Whether lower courts can blatantly disregard U.S. Supreme Court, Eleventh Circuit and sister circuit precedent law, ignore landmark cases, disrespect …
18-675 Lisa M. West v. Missouri Missouri 2018-11-23 Denied Response Waived abuse-of-discretion admissibility conviction-and-sentence criminal-appeal daubert-review daubert-standard evidence-admissibility expert-witness judicial-review missouri-law scientific-testimony standard-of-review trial-court-discretion 1. Whether this court should require a de nova review of the trial court's handling of scientific testimony to determine whether Daubert v. Merrell Do…
18-6791 Benjamin Bland v. United States Fourth Circuit 2018-11-23 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination evidence evidence-admissibility government-evidence harmless-error hearsay sixth-amendment social-security-administration trial-procedure Whether petitioner's Sixth Amendment right to confront witnesses against him was violated where a spreadsheet (Government's Exhibit MD-313) created by…
18-574 Joseph Rachal v. United States First Circuit 2018-11-02 Denied Response Waived 6th-amendment bifurcated-trial bifurcation criminal-procedure due-process evidence evidence-admissibility felon-in-possession felony-conviction firearm-possession jury-instructions jury-prejudice prejudice prejudicial-evidence No one can legitimately deny that a felony conviction is exceedingly prejudicial. That is why evidence of a felony conviction is normally admissible o…
18-6151 Claude Thelemaque v. United States Eleventh Circuit 2018-10-01 Denied Response WaivedRelisted (2)IFP burden-of-proof cocaine-distribution conspiracy criminal-law criminal-law-procedure drug-trafficking due-process evidence evidence-admissibility jurisdiction standard-of-proof witness-testimony Whether the government failed to prove beyond a reasonable doubt that Thelemaque conspired to distribute cocaine with knowledge that it would be impor…
18-5726 Ruben Cazares v. Texas Texas 2018-08-23 Denied IFP accomplice-statements bruton-error bruton-evidence bruton-v-united-states confrontation-clause crawford crawford-v-washington criminal-procedure evidence-admissibility harmless-error prejudice prejudicial-evidence separate-trials special-prejudice trial-procedure Fifty years ago, this Court began the Bruton era by making two points perfectly clear. One, Bruton evidence is "devastating" to the accused. Bruton v.…
18-5646 Syrus Martin v. Georgia Georgia 2018-08-20 Denied Response WaivedIFP child-hearsay child-testimony cross-examination evidence evidence-admissibility evidence-law hearsay hearsay-evidence hearsay-exceptions prior-statements statutory-interpretation testifying-witness witness-statements Whether Georgia's child hearsay statutes or O.C.G.A. § 24-8-801 (d) (1) (A) control the permissible use of the prior statements of a testifying child.
18-5366 Ronald David Martin v. Tony Trierweiler, Warden Sixth Circuit 2018-07-26 Denied Relisted (2)IFP appeal confrontation-clause criminal-procedure evidence-admissibility ineffective-assistance ineffective-assistance-of-counsel motion-to-introduce-evidence rape-shield-statute right-to-present-defense trial-court-discretion WHETHER PETTTIONER WAS DEPRIVED OF HIS RIGHT TO CONFRONT WITNESSES, HIS RIGHT TO PRESENT A DEFENSE, AND HIS RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNS…
18-5286 Odere Suleitopa v. United States Fourth Circuit 2018-07-20 Denied Response WaivedIFP circuit-court-conflict circuit-split civil-procedure evidence evidence-admissibility federal-rule-of-evidence-701 federal-rules-of-evidence law-enforcement law-enforcement-officer-testimony law-enforcement-testimony lay-witness-testimony opinion-testimony personal-knowledge personal-knowledge-requirement witness-testimony Federal Rule of Evidence 701 states that a lay witness's opinion testimony must be rationally based on the witness's perception. The Circuits have lon…
18-5253 Dennis DeCiancio v. United States Sixth Circuit 2018-07-17 Denied Response WaivedIFP civil-rights criminal-procedure disclosure-duty due-process duty-to-disclose evidence evidence-admissibility federal-rules-of-evidence free-speech materiality prior-convictions rule-10b-5 securities securities-fraud Whether evidence of unrelated prior convictions is admissible in securities fraud cases as direct proof of a fraud under Rule 10b-5, even though there…