| 25-6843 |
Ron Delano Kuntz v. United States |
Third Circuit |
2026-02-18 |
Pending |
Response WaivedIFP |
appellate-review confrontation-clause criminal-procedure due-process evidentiary-hearing witness-testimony |
1) Whether tte District Court exclusion of an material witness testimony was reasonable especially being
a mariner of the Court and then depending up… |
| 25-6505 |
Kenneth Christopher Pointer, aka Keith Johnson v. United States |
Sixth Circuit |
2026-01-07 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights district-court evidentiary-hearing ineffective-assistance sixth-amendment |
QUESTON NUMBER ONE:
Whether the district court abused its discretion by failing to
conduct a prompt Evidentiary Hearing and the Sixth Circuit's affir… |
| 25-6343 |
Sharard Collier v. United States |
Fifth Circuit |
2025-12-11 |
Denied |
Response WaivedIFP |
district-court due-process evidentiary-hearing fifth-circuit ineffective-assistance sixth-amendment |
QUESTON NUMBER ONE:
Whether the district court abused its discretion by failing to
conduct an Evidentiary Hearing regarding Ground One pre-trial
ine… |
| 25-6319 |
Gary Allen Kachina v. United States |
Eighth Circuit |
2025-12-09 |
Dismissed |
Response WaivedIFP |
court-judgment due-process evidentiary-hearing judicial-bias legal-review procedural-error |
Does A Sufficiently Court Err For Court In Structuring When Making A Disrobed Opinion Concluding There The Appellants Of Judicial Bias Is Inadequate S… |
| 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… |
| 25-6003 |
Quinn R. Turner v. United States |
Sixth Circuit |
2025-10-31 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidentiary-hearing ineffective-assistance sixth-amendment |
Whether Mr. Turner's due process of law rights of the Fifth Amendment U.S. Constitution were violated by the district court failing to adjudicate the … |
| 25-522 |
Ruby Tang v. Somerset House Condominium Association, Inc., et al. |
Maryland |
2025-10-29 |
Denied |
|
constitutional-rights due-process evidentiary-hearing judicial-procedure legal-fees state-court |
Whether the Due Process Clause permits a state court to deny a statutorily guaranteed de novo evidentiary hearing after collecting the required fees, … |
| 25-5949 |
Matthew Johnson v. Oklahoma |
Oklahoma |
2025-10-24 |
Denied |
IFP |
constitutional-claims due-process eighth-amendment evidentiary-hearing fourteenth-amendment ineffective-assistance |
1. Whether the Oklahoma courts ' categorical refusal
to grant evidentiary hearings on colorable claims of
ineffective assistance of counsel, actual … |
| 25-5902 |
Ramon Simpson v. United States |
Eighth Circuit |
2025-10-16 |
Denied |
Response WaivedIFP |
certificate-of-appealability circuit-split credibility-determination evidentiary-hearing section-2255 sixth-amendment |
Whether, in light of a profound and acknowledged circuit split, a district court may deny a § 2255 hearing by making a dispositive credibility determi… |
| 25A397 |
Obe E. Johnson v. Harry Feliciano-Maldonado, et al. |
First Circuit |
2025-10-07 |
Denied |
|
constitutional-claim due-process evidentiary-hearing ineffective-assistance sixth-amendment state-court-proceedings |
Question not identified. |
| 25-5806 |
Ricky Dixon v. United States |
Eleventh Circuit |
2025-10-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion actual-innocence evidentiary-hearing guilty-plea ineffective-assistance sixth-amendment |
Whether the district court abused its discretion and the Eleventh Circuit affirmance of the lower court's failure to conduct an Evidentiary Hearing as… |
| 25-5677 |
Juan De Dios Alvarez-Romero v. United States |
Fifth Circuit |
2025-09-18 |
Denied |
Response WaivedIFP |
§-2255 direct-appeal evidentiary-hearing indigent-defendant ineffective-assistance pro-se-motion |
Whether, if an indigent and incarcerated defendant with minimal education and no ability to comprehend English, for the first time on direct appeal wi… |
| 25-300 |
William A. Goddard, et al. v. United States |
Ninth Circuit |
2025-09-16 |
Denied |
Response Waived |
administrative-procedure bad-faith evidentiary-hearing irs-summons law-firm-records tax-law |
1. Whether a law firm can be denied the opportunity
to challenge an IRS summons for law firm trust account
records based solely on an IRS declaratio… |
| 25-5630 |
Geneva Kristina Hudson v. United States |
Eighth Circuit |
2025-09-15 |
Denied |
Response WaivedIFP |
criminal-procedure evidentiary-hearing habeas-corpus ineffective-assistance plea-bargaining section-2255 |
1. Must a petitioner alleging ineffective assistance of counsel in advising whether to plead guilty demonstrate a predisposition to pleading guilty as… |
| 25-5403 |
In Re Michael Jay Harris |
|
2025-08-19 |
Denied |
IFP |
actual-innocence constitutional-rights evidentiary-hearing habeas-corpus procedural-default prosecutorial-misconduct |
Question No. 1 Should Mr. Harris be permitted to raise his claims of prosecutorial
misconduct based on newly obtained and never before presented evid… |
| 25-5362 |
Nathaniel Blancher v. United States |
Eleventh Circuit |
2025-08-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure evidentiary-hearing guilty-plea ineffective-assistance plea-agreement |
Whether a guilty plea becomes knowing, intelligent, and voluntary when the plea agreement inaccurately describes the penalty provision of the statute … |
| 25-5171 |
Reginald Hitchcock v. United States |
Sixth Circuit |
2025-07-22 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure due-process evidentiary-hearing hearsay-evidence sixth-amendment |
1. whether The Person's Who Supplied The Hearsay Statement That Amounted to Probable Cause En A Affidavit ov Search Warrant Need To Be Reliable ©
2. … |
| 25-5125 |
Terrence Mack Booth v. Kevin McCoy, Warden |
Fourth Circuit |
2025-07-16 |
Denied |
IFP |
constitutional-right evidentiary-hearing fourth-circuit habeas-corpus ineffective-assistance procedural-default |
Did the Fourth Circuit err in deferring to the District Court's finding that the Petitioner was not prejudiced by his defense counsel's failure to rec… |
| 25-5083 |
Michael Bernard Bell v. Florida |
Florida |
2025-07-10 |
Denied |
IFP |
death-penalty eighth-amendment evidentiary-hearing fourteenth-amendment prosecutorial-misconduct witness-recantation |
Does the Petitioner's execution violate the Eighth and Fourteenth amendments to the United States Constitution when the conduct of the government and … |
| 24-7306 |
William Thomas Hill v. United States |
Eighth Circuit |
2025-05-29 |
Denied |
Response WaivedRelisted (2)IFP |
counsel-failure district-court evidentiary-hearing ineffective-assistance motion-to-suppress supreme-court-precedent |
Whether the district court abused its discretion by Summarily Denying Ground One as to his claim of ineffective assistance of counsel claim, thus, fai… |
| 24-7309 |
Brandi Abts v. Cynthia Arnold-Abts |
Nevada |
2025-05-28 |
Denied |
IFP |
due-process evidentiary-hearing fourteenth-amendment fundamental-fairness judicial-misconduct structural-error |
1. Whether the District Court Judge Joseph Hardy, Jr., erred when considering the Findings of Fact, Conclusion of law order and Final Judgment.
2. Wh… |
| 24-6954 |
John Stephen Routt v. Michael Miller, Warden |
Tenth Circuit |
2025-04-10 |
Denied |
IFP |
actual-innocence certificate-of-appealability evidentiary-hearing habeas-corpus jurisdictional-challenge pro-se-petition |
(1) Did the Court of appeals err in denying a certificate of appealability by merging Title 28 U.S.C. §§ 2254 (d)(1) and (2) with 28 U.S.C. § 2253 (c)… |
| 24-6941 |
Michael Wayne Reynolds v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2025-04-08 |
Denied |
Amici (1)IFP |
aedpa clear-and-convincing evidentiary-hearing factual-deference habeas-corpus state-court-review |
When a state court refuses to conduct an evidentiary hearing, at which a petitioner would have an opportunity to test and rebut testimonial and other … |
| 24-6776 |
Edward Thomas James v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2025-03-17 |
Denied |
IFP |
28-usc-2254 certificate-of-appealability evidentiary-hearing habeas-corpus mental-incapacity procedural-timeliness |
Under the threshold certificate of appealability standard, could reasonable jurists debate whether an evidentiary hearing should have been granted to … |
| 24-6538 |
Andrew E. Hoffman v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2025-02-11 |
Denied |
Response WaivedIFP |
appellate-review certificate-of-appealability due-process evidentiary-hearing habeas-corpus ineffective-assistance |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his counsel w… |
| 24-6492 |
Rufus Young v. Florida |
Eleventh Circuit |
2025-02-06 |
Denied |
Response WaivedIFP |
de-novo-review evidentiary-hearing habeas-corpus ineffective-assistance mandamus-petition probable-cause |
Does a district court abuse its discretion when it denies a habeas petitioner an evidentiary hearing where the state record remains undeveloped, where… |
| 24A708 |
Donald J. Englert, II v. Reginald Bishop, Superintendent, Five Points Correctional Facility |
Second Circuit |
2025-01-17 |
Presumed Complete |
|
constitutional-challenge evidentiary-hearing federal-review habeas-corpus ineffective-assistance supreme-court-precedent |
Question not identified. |
| 24-720 |
Vitaly Korchevsky v. United States |
Second Circuit |
2025-01-10 |
Denied |
Response Waived |
constitutional-error court-of-appeals evidentiary-hearing federal-procedure habeas-corpus motion-to-strike |
1. Did the Court of Appeals err in ignoring a Motion
to Strike the affidavit of attorney Steven Brill when
that affidavit was submitted contrary to fe… |
| 24-6225 |
Dennis Mischler v. Tim Hooper, Warden |
Fifth Circuit |
2025-01-02 |
Denied |
Response WaivedIFP |
constitutional-rights due-process evidentiary-hearing fifth-circuit habeas-corpus sixth-amendment |
Whether the Fifth Circuit deprived Mischler of Due Process of Law by failing to afford an evidentiary hearing on disputed facts when Mischler never re… |
| 24-6229 |
Terrell Jason Armstrong v. United States |
Eighth Circuit |
2025-01-02 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-claims district-court eighth-circuit evidentiary-hearing ineffective-assistance |
1. Whether the district court erred in summarily denying an
evidentiary hearing on claims that trial counsel was
constitutionally ineffective for fa… |
| 24A523 |
Willie R. Burgess, Jr. v. Alabama |
Alabama |
2024-11-27 |
Presumed Complete |
|
capital-murder death-penalty eighth-amendment evidentiary-hearing postconviction state-review |
Question not identified. |
| 24-6033 |
Frederico Bruno v. Administrator, New Jersey State Prison, et al. |
Third Circuit |
2024-11-26 |
Denied |
IFP |
appellate-procedure certificate-of-appealability district-court evidentiary-hearing judicial-review third-circuit |
1. Whether the District Court and the Third Circuit Court of Appeals erred in refusing to issue a certificate of appealability and granting an evident… |
| 24-5929 |
David Mark Fink v. California |
California |
2024-11-06 |
Denied |
Response WaivedIFP |
evidentiary-hearing faretta-right judicial-discretion pro-se-representation sixth-amendment speedy-trial |
(1. The People have no standing to interject between an accused and his right of self-representation . When the court permits them to do so, does it u… |
| 24-5921 |
Christopher Koteras v. Daniel Akers, Warden |
Sixth Circuit |
2024-11-06 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure evidentiary-hearing judicial-discretion sixth-amendment witness-communication |
When the interaction between the Prosecution's Victim's Advocate and a testifying witness has been determined by the trial court to have enhanced the … |
| 24-5898 |
Herman Felton, Jr. v. United States |
Fourth Circuit |
2024-11-04 |
Denied |
Response WaivedIFP |
appellate-review constitutional-violation criminal-procedure evidentiary-hearing habeas-corpus pro-se-petition |
1. Why was I denied an Evidentiary Hearing?
2. What's the reason for refusing to hear my case?
3. Why did the Courts agree with the Constitutional vio… |
| 24-5823 |
Jose Bernazard v. Mark Miller, Superintendent, Green Haven Correctional Facility |
Second Circuit |
2024-10-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidentiary-hearing ineffective-assistance post-conviction-relief |
Question not identified. |
| 24-5709 |
Gregory Bartunek v. United States |
Eighth Circuit |
2024-10-07 |
Denied |
Response WaivedIFP |
evidentiary-hearing habeas-corpus material-facts procedural-relief rule-60b section-2255 |
If the § 2255 pleadings raised issues of fact, should those have been resolved by an evidentiary hearing?
II. Was the lack of an evidentiary hearing … |
| 24-5707 |
Gary E. Peel v. United States |
Seventh Circuit |
2024-10-04 |
Denied |
Response WaivedIFP |
actual-innocence circuit-court-review due-process evidentiary-hearing federal-conviction supreme-court-precedent |
1. Whether the Seventh Circuit Court of Appeals, in violation of Supreme Court precedents 1 erred by affirming federal convictions for non-criminal co… |
| 24-5583 |
Carlos Sanchez v. Florida, et al. |
Eleventh Circuit |
2024-09-19 |
Denied |
Relisted (2)IFP |
§2254-petition circuit-split conflict-counsel evidentiary-hearing habeas-corpus speedy-trial |
1) Whether the law permits conflict counsel to file for continuance which in effect denied Petitioner his right to speedy trial
2) Whether the Eleven… |
| 24-5497 |
Michael Scott Hoover v. United States |
Fourth Circuit |
2024-09-09 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidentiary-hearing judicial-review reversible-error |
Is the clause in 18 USC. §2235 that produces or transmitted using materials that have been mailed, shipped, or transported in or affecting interstate … |
| 24-5380 |
Leonus Stevenson Peterson v. United States |
Fourth Circuit |
2024-08-23 |
Denied |
Response WaivedIFP |
due-process evidentiary-hearing ineffective-assistance section-2255-motion sentencing-variance sixth-amendment |
Did the lower courts err in conflating Fifth and Sixth Amendment rights, thereby denying both due process and effective assistance of counsel, when th… |
| 24-5259 |
Isiah Williams v. Raymond Shanley |
Second Circuit |
2024-08-08 |
Denied |
IFP |
actual-innocence constitutional-rights court-of-appeals evidentiary-hearing gateway-claim rule-52 |
Did the Court of Appeals exceed its authority under Rule 52(a) F.R.C.P., in holding that Petitioner has not made a substantial showing of denial of a … |
| 24-79 |
James W. A. Jackson v. Kelly K. Fitzgerald |
Rhode Island |
2024-07-25 |
Denied |
|
child-custody due-process evidentiary-hearing hcch-1996 international-treaty personal-jurisdiction simultaneous-proceedings subject-matter-jurisdiction uccjea |
Questions Pertaining to the Due Process
Clause :
1. Does a defence of UCCJEA 'Simultaneous
Proceedings ' become moot when one and not all pro
ceedi… |
| 24-5027 |
Jovan Marquis Harris v. United States |
Eighth Circuit |
2024-07-09 |
Denied |
Response WaivedIFP |
burrage-v-united-states causation-of-harm criminal-law criminal-procedure drug-distribution evidentiary-hearing federal-statute heroin-distribution jury-instruction jury-instructions overdose sentencing-enhancement |
1. Did the trial court err when it refused to instruct the
jury that the heroin distributed by the defendant was the same
heroin that caused the vict… |
| 23-7724 |
In Re Shomas T. Winston |
|
2024-06-14 |
Denied |
IFP |
evidentiary-hearing fair-trial fourteenth-amendment impartial-jury juror-misconduct jury-selection sixth-amendment voir-dire |
I. WHETHER A PETITIONER SHOULD BE DENIED AN EVIDENTIARY HEARING TO QUESTION A JUROR WHO FAILED TO DISCLOSE INFORMATION BECAUSE STATE COURTS RULED PETI… |
| 23-7677 |
Daniela Bowman v. Cordelia Friedman |
Tenth Circuit |
2024-06-10 |
Denied |
Response WaivedIFP |
compulsory-production due-process due-process-clause equal-protection equal-protection-clause evidentiary-hearing fourth-amendment judicial-review motion-to-dismiss oklahoma-press-publishing-co-v-walling statutory-interpretation |
It is a public record that petitioner is the only taxpayer in New Mexico who was deprived of property but denied due process evidentiary hearing when … |
| 23-7666 |
Brandon Washington v. Steven T. Marshall, Attorney General of Alabama, et al. |
Eleventh Circuit |
2024-06-07 |
Denied |
IFP |
evidentiary-hearing factual-determination factual-record federal-habeas federal-review habeas-corpus state-court state-court-proceedings unreasonable-determination |
Under 28 U.S.C. § 2254(d)(2), a state prisoner can obtain federal habeas relief only by showing that the state court's denial of his claim was "based … |
| 23-1218 |
Alfredo Navarro Hinojosa v. United States |
Fifth Circuit |
2024-05-16 |
Denied |
Response Waived |
burden-of-proof circuit-split direct-appeal evidentiary-hearing harmless-error ineffective-assistance kotteakos-v-united-states preserved-nonconstitutional-errors sixth-amendment sufficiency-of-evidence |
Does the Fifth Circuit's harmless-error standard applied to preserved nonconstitutional errors—which asks whether there is a "reasonable probability" … |
| 23-7486 |
Edgar Vazquez v. United States |
Eleventh Circuit |
2024-05-15 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process evidentiary-hearing motion-to-dismiss motion-to-suppress standard-of-review |
I. WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT ERRED IN AFFIRMING THE DISTRICT COURT'S DENIAL OF VAZQUEZ' MOTION TO DISMISS… |
| 23-7461 |
Shane A. Fox v. United States |
Sixth Circuit |
2024-05-13 |
Denied |
Response WaivedIFP |
career-offender criminal-law drug-conspiracy due-process evidentiary-hearing inchoate-offense sentencing-enhancement statutory-maximum statutory-maximum-penalty |
I. WHETHER THE INCHOATE OFFENSE OF ENGAGING IN A
ILLEGAL DRUG CONSPIRACY CONSTITUTES A SERIOUS
DRUG OFFENSE FOR PURPOSES OF INCREASING A
DEFENDANT"… |
| 23-7458 |
In Re Michael David Hower |
|
2024-05-13 |
Denied |
Response WaivedIFP |
acquitted-charge acquitted-conduct criminal-procedure due-process evidentiary-hearing habeas-corpus jury-trial section-2255 sentencing sentencing-enhancement sixth-amendment |
Did the Courts below commit reversible err denying petitioners 2255 motion
without conducting an evidentiary hearing to resolve factual disputes?
Di… |
| 23-7436 |
Eagles Denashu Begay v. United States |
Ninth Circuit |
2024-05-09 |
Denied |
IFP |
28-usc-2255 appeal criminal-procedure direct-appeal due-process evidentiary-hearing habeas-corpus indigent-defendant ineffective-assistance pro-se-claim right-to-counsel |
If an indigent, incarcerated federal defendant, for the first time on direct appeal, raises a colorable claim of ineffective assistance by his distric… |
| 23-7410 |
Andrew Franklin Woodburn v. Bryan Morrison, Warden |
Sixth Circuit |
2024-05-07 |
Denied |
Response WaivedIFP |
criminal-defense evidentiary-hearing expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel involuntary-intoxication medication-defense paxil temporary-insanity |
Is Andrew Woodburn entitled to a remand for an evidentiary hearing and ultimately a new trial where he did not receive the effective assistance of cou… |
| 23-7340 |
Kelton Vondre Yates v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-04-30 |
Denied |
IFP |
appellate-review circuit-court-procedure civil-procedure constitutional-provisions due-process evidentiary-hearing federal-court-jurisdiction jurisdictional-dismissal procedural-grounds standing statute-of-limitations |
WHgTKiRThe Petitioner
ih^ Statute df LimrrATidNSENTtfU 0 To tGMWbie TolUtic,
IH ILUiSdhlxuQtiQ 1?
WHETHER 1ME 57H CiKCaiT HA5
THEREfty, QSCiOirfG Ai… |
| 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… |
| 23-7294 |
Robert Cota, Jr. v. United States |
Ninth Circuit |
2024-04-23 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidentiary-hearing fifth-amendment habeas-corpus shackles shackling |
Did the Ninth Circuit violate the constitutional guarantee of Due Process and 28 U.S.C. §2255(b) when denying Appellant an evidentiary hearing, despit… |
| 23-6868 |
David Wayne Nelson v. Jim Salmonsen, et al. |
Ninth Circuit |
2024-02-29 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process equal-protection evidentiary-hearing habeas-corpus judicial-procedure prosecutorial-misconduct |
Did the U.S. court of appeals err when it denied a Certificate of Appealability and/or remand to the district court to allow the petitioner (Nelson) t… |
| 23-6833 |
Jason Matthew Karr v. Colorado |
Colorado |
2024-02-26 |
Denied |
IFP |
appointment-of-counsel clearly-established-federal-law colorado-supreme-court constitutional-review due-process-rights evidentiary-hearing federal-law-application ineffective-assistance-counsel ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington |
Whether the Colorado Supreme Court held the Petitioner to a standard for pleading deficient performance and prejudice in his claims of Ineffective Ass… |
| 23-6787 |
Jerry Means v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-02-22 |
Denied |
IFP |
6th-amendment civil-rights constitutional-rights criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel post-conviction-proceedings post-conviction-relief state-law-rights |
WHETHER OL, MWHOCEMT asa Marre of STHTE /a W))
acrval and -acrval/ WMI OCENIT, /MDIgEMT feosE
DekupauT in & STATE Ceimmal Case bio 1S PpkonibiTED
aN A… |
| 23-6737 |
Anthony F. Wainwright v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-02-13 |
Denied |
IFP |
attorney-misconduct conflict-of-interest due-process equitable-tolling evidentiary-hearing federal-procedure habeas-corpus ineffective-assistance rule-60b |
1. In determining whether a hearing related to equitable tolling is warranted, do the unsworn representations of an attorney —while that attorney is o… |
| 23-6676 |
Pietro Pasquale Antonio Sgromo v. Bestway USA Inc., et al. |
Arizona |
2024-02-06 |
Denied |
Response WaivedIFP |
deficient-service evidentiary-hearing interlocutory-decision judicial-notice parol-evidence res-judicata service-of-process settlement-agreement settlement-agreements void-order |
May a Court take judicial notice of another Court's Order that is void due to deficient service; where the agreements that gave rise to the dispute we… |
| 23-813 |
Brutus Trading, LLC v. Standard Chartered Bank, et al. |
Second Circuit |
2024-01-29 |
Denied |
Response Waived |
civil-procedure deferred-prosecution-agreement due-process evidentiary-hearing false-claims-act government-dismissal procedural-rights qui-tam statutory-interpretation |
Whether the Due Process Clause and 31 U.S.C. § 3730(c)(2)(A) and (B) require an evidentiary hearing when the evidence for and against dismissal is sha… |
| 23-6405 |
Brian K. Allen v. United States |
Eighth Circuit |
2024-01-03 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process evidentiary-hearing federal-circuit fundamental-rights plea-agreement sentencing sentencing-procedure |
1. Whether the near consensus Federal Circuit Courts of Appeals'
application of plea agreement appeal waivers as to subsequent
sentencing proceedings,… |
| 23-6392 |
Phillip Watkins v. United States |
Sixth Circuit |
2023-12-28 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure due-process evidentiary-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-enhancement sixth-amendment |
QUESTON NUMBER ONE;
Whether the Sixth Circuit abused its discretion by affirming the
district court's failure to conduct an Evidentiary Hearing regar… |
| 23-6345 |
Jeffrey M. Spring, Sr. v. David W. Gray, Warden |
Sixth Circuit |
2023-12-26 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment constitutional-rights due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence procedural-due-process sixth-amendment substantive-due-process |
1: Is it a violation of substantive and procedural due process for the Ohio Courts to deny the defendant in this matter an evidentiary hearing and all… |
| 23-6001 |
Kenric Lavaughn Jackson, Sr. v. Texas |
Texas |
2023-11-14 |
Denied |
Response WaivedRelisted (2)IFP |
actual-innocence capital-murder constitutional-rights criminal-procedure due-process eighth-amendment evidentiary-hearing fourteenth-amendment habeas-corpus sufficiency-of-evidence texas-law |
Question not identified. |
| 23-5787 |
Richard Frasca v. President and Fellows of Harvard College, et al. |
First Circuit |
2023-10-13 |
Denied |
Response WaivedIFP |
age-discrimination constitutional-rights depression equitable-tolling evidentiary-hearing mental-illness procedural-flaws retaliation |
1. Extensive Case Law Exists in which Depression and Mental Illness have been accepted by the Courts and Governing Bodies as Valid and Legal Bases for… |
| 23-5747 |
Daryl A. Hess v. Oklahoma |
Oklahoma |
2023-10-11 |
Denied |
IFP |
8th-amendment appellate-jurisdiction civil-rights constitutional-issue due-process evidentiary-hearing federal-review habeas-corpus judicial-procedure newly-discovered-evidence post-conviction |
Question not identified. |
| 23-5712 |
Gerald Vaughn Gwen v. Kris Mayes, Attorney General of Arizona, et al. |
Ninth Circuit |
2023-10-04 |
Denied |
Relisted (3)IFP |
actual-innocence certificate-of-appealability constitutional-rights direct-review due-process evidentiary-hearing fair-trial habeas-corpus judicial-review procedural-fairness writ-of-appeal |
Question not identified. |
| 23-5648 |
Frank Nucera, Jr. v. United States |
Third Circuit |
2023-09-26 |
Denied |
Response WaivedIFP |
due-process equal-protection evidentiary-hearing juror-misconduct jury-deliberations new-trial new-trial-motion racial-bias third-circuit-court voir-dire |
1. Did the Third Circuit err by upholding the denial of Petitioner's motion for new trial or an evidentiary hearing based on juror affidavits which es… |
| 23-5630 |
Jack R. Sliney v. Florida |
Florida |
2023-09-21 |
Denied |
Relisted (2)IFP |
14th-amendment 8th-amendment age-of-defendant death-penalty death-sentence due-process eighth-amendment evidentiary-hearing fourteenth-amendment juvenile-offenders |
Whether under the Eighth and Fourteenth Amendments to the Constitution, Florida may impose a death sentence upon an individual who was under the age o… |
| 23-5626 |
Arun Dhavamani v. United States |
Fourth Circuit |
2023-09-20 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-prosecution due-process evidentiary-hearing factual-finding federal-jurisdiction manufactured-jurisdiction sentencing |
Whether a defendant's right to due process is violated when a Court of Appeals remands a case for additional factfinding after the district court has … |
| 23-5590 |
In Re Jamar L. Williams |
|
2023-09-14 |
Denied |
IFP |
actual-innocence administrative-law civil-rights constitutional-interpretation due-process evidentiary-hearing federal-procedure ineffective-assistance-of-counsel judicial-review newly-discovered-evidence post-conviction-proceedings |
Question not identified. |
| 23-5586 |
Nestor Leon v. United States |
Eleventh Circuit |
2023-09-14 |
Denied |
Response WaivedIFP |
appellate-review brady-violation circuit-court civil-procedure court-procedure document-submission due-process evidentiary-hearing legal-dismissal petition-process standing subpoena-duces-tecum |
DiDTHE EIEV cnSTH CiP-OJTT C\ER\< Erf itJ DiSM'.SbiMa
H\S(CoA) AFTcf THE pETiTiOk-r provided All
DocoMtfjrs ReQuiinad 7
D'° E'EVeijrrH circuiT cIer… |
| 23-5553 |
Randy Haight v. Scott Jordan, Warden |
Sixth Circuit |
2023-09-12 |
Denied |
IFP |
capital-case capital-punishment due-process evidentiary-hearing expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health mental-retardation statutory-interpretation |
1. Where a state trial court resolves disputed issues of material fact without an evidentiary hearing and ignores relevant expert opinion, is the stat… |
| 23-5507 |
Carlos Green v. United States |
Fourth Circuit |
2023-09-01 |
Denied |
Response WaivedIFP |
civil-procedure evidentiary-hearing fourth-amendment leasehold-transfer motion-to-suppress privacy-interest probable-cause real-estate search-and-seizure |
IL Whether the Trial Court Erred and Violated Petitioner's Fourth Amendment
Rights in Summarily Denying Petitioner's Motion to Suppress Without an
Evi… |
| 23-5471 |
Scott A. Shreffler v. Pennsylvania |
Pennsylvania |
2023-08-29 |
Denied |
IFP |
appellate-procedure civil-procedure clerical-error due-process evidentiary-hearing houston-v-lack notice-of-appeal prisoner-mailbox-rule pro-se-filing timeliness |
QUESTION I:
ERRED IN DISMISSING THE PETITIONER'S APPEAL FOR UNTIMELY
FILING OF NOTICE OF APPEAL, BASED ON PETITIONER'S ADMITTED
CLERICAL ERROR OF MI… |
| 23-5401 |
Rayshawn J. Christmas v. Unknown Wedd, et al. |
Fifth Circuit |
2023-08-18 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights due-process evidentiary-hearing federal-jurisdiction judicial-procedure magistrate-judge pro-se pro-se-litigation section-1983 standing |
Why did Erin Wilder-Doomes, U.S. Magistrate Judge grant service by U.S. Marshall's office Rule (4)(c)(3)i then said that cleric of court is directed t… |
| 23-155 |
Isaac Luna Ashton v. Rick Whitten, Warden |
Tenth Circuit |
2023-08-17 |
Denied |
|
aedpa certificate-of-appealability court-of-appeals district-court evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel tenth-circuit |
Whether the United States District Court For the Northern District of Oklahoma erred in denying Petitioner Ashton a Certificate of Appealability when … |
| 23-5323 |
Don Collins v. Rob Jeffreys, et al. |
Seventh Circuit |
2023-08-09 |
Denied |
IFP |
access-to-courts appellate-review civil-rights court-dismissal document-access due-process evidence evidentiary-hearing foia foia-request institutional-bias procedural-fairness |
Petitioner ask this court for review matters of law that were present at Appellate Court level but not replied.
Because petitioner incarcerated and u… |
| 23-5248 |
Nikolas Gacho v. Tyrone Baker, Warden |
Seventh Circuit |
2023-08-01 |
Denied |
Response WaivedIFP |
28-usc-2254 6th-amendment certificate-of-appealability conflict-of-interest due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-negotiations sixth-amendment |
1) Should the 7Th Circuit Court of Appeals have issued a certificate of
appe&libility to petitioner Nikolas Gacho where his ineffective assistance of
… |
| 23-5243 |
Johnny Johnson v. David Vandergriff, Warden |
Missouri |
2023-07-31 |
Denied |
IFP |
capital-punishment due-process eighth-amendment evidentiary-hearing ford-v-wainwright habeas-corpus mental-competency panetti-v-quarterman procedural-fairness |
1. Whether a report from a qualified neuropsychiatrist that a condemned prisoner is incompetent for execution that is not contradicted by any qualifie… |
| 23-5224 |
James Scott v. Illinois |
Illinois |
2023-07-27 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure constitutional-rights discretionary-review due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence trial-court-record trial-court-records |
Whether Appellate Court abused it's disereton by
déenmy te Vacate and or Granta Evidentiary hénrine,
where Pro sé petitioner Established, And State d… |
| 22-7860 |
Marijan Cvjeticanin v. United States |
Third Circuit |
2023-06-26 |
Denied |
Response WaivedRelisted (2)IFP |
actual-innocence claim-preclusion constitutional-precedent due-process evidentiary-hearing federal-jurisdiction fundamental-miscarriage-of-justice issue-preclusion jurisdictional-challenge miscarriage-of-justice |
Did the Third Circuit violate the Constitution's Due Process Clause and this Court's established precedents regarding fundamental miscarriage of justi… |
| 22-7706 |
Johnny Taylor v. Jeff Tanner, Acting Warden |
Sixth Circuit |
2023-06-05 |
Dismissed |
Response RequestedResponse WaivedIFP |
complete-denial-of-counsel critical-stage evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel prejudice presumption-of-prejudice sixth-amendment sixth-circuit |
1. If an attorney's deficiency is grave enough, criminal defendants do not
need to demonstrate prejudice to prove ineffective assistance of counsel. I… |
| 22-7681 |
Jason Harriman v. United States |
Eighth Circuit |
2023-06-01 |
Denied |
Response WaivedIFP |
brady-violation due-process eighth-amendment evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
1. Whether the Government violated Mr. Harriman's Sixth and Eighth Amendment Constitution al Eights and suppress evidentiary material of exculpatory v… |
| 22-1132 |
Derek Sine v. Kathryn Kosmides |
New York |
2023-05-22 |
Denied |
Response WaivedRelisted (2) |
14th-amendment appellate-review attorney-fees due-process evidentiary-hearing fourteenth-amendment order-of-protection willfulness |
1. Whether the Court of Appeals of the State of New York ("Court of Appeals") erred in denying Petitioner's motion for leave to appeal the decision of… |
| 22-7600 |
Randall Cooper, Jr., aka Randall Cooper, aka Randall Carl Cooper, Jr., aka Randall C. Cooper, Jr., aka Randall Carl Cooper v. Mississippi |
Mississippi |
2023-05-19 |
Denied |
IFP |
14th-amendment 5th-amendment 6th-amendment constitutional-amendments criminal-procedure due-process evidentiary-hearing newly-discovered-evidence trial-rights |
WHETHER THE NEWLY DISCOVERED EVIDENCE PRESENTED BY THE PETITIONER SHOULD WARRANT A NEW TRIAL PURSUANT TO THE 5TH 6TH AND 14TH AMENDMENTS OF OUR UNITED… |
| 22-7573 |
Donald Lee Kissner v. Matt Macauley, Warden |
Sixth Circuit |
2023-05-16 |
Denied |
Relisted (2)IFP |
actual-innocence civil-rights due-process evidentiary-hearing habeas-corpus standing |
tee dxstaxs Tabuse xts x>xsc .ee7X&A
7»B s-xtbp Puix Po(bAx> ape
tZOtPX.ti TO fcCffXl) A/VP PEAiyZBIB Relief -
AS EPTXMELy.DXP
JZT/V C-tfA/JGZA/G2>… |
| 22-1113 |
Merril Leroy Jessop v. Texas |
Texas |
2023-05-15 |
Denied |
|
constitutional-claim due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-review standing |
I. Whether the Texas courts' refusal to conduct an evidentiary hearing on petitioner's substantial constitutional claim of ineffective assistance of c… |
| 22-7484 |
In Re Richard Chapman |
|
2023-05-08 |
Denied |
IFP |
appellate-review binding-precedent civil-procedure constitutional-rights court-mandate due-process evidentiary-hearing judicial-discretion record-review standing |
Whether THE TRiAI COUrT AbUSEd itS AUThORiTY
When it Departed From The Appeslate CourT
MAndate In Chapmanl67 S03d1170?
2. Whether THE Appellate CourT… |
| 22-1073 |
Team Resources Incorporated, et al. v. Securities and Exchange Commission |
Fifth Circuit |
2023-05-04 |
Denied |
Response Waived |
civil-penalty disgorgement due-process eighth-amendment evidentiary-hearing federal-court securities-and-exchange-commission securities-law |
Whether a federal court may grant a disgorgement
request from the Securities and Exchange Commission
without granting a defendant's request for a live… |
| 22-7372 |
Alphonza Leonard Phillip Thomas Bey, III v. United States District Court for the Middle District of North Carolina |
Fourth Circuit |
2023-04-26 |
Denied |
IFP |
civil-rights constitutional-interpretation due-process evidence-suppression evidentiary-hearing federal-jurisdiction habeas-corpus judicial-review liberty-remedy removal-proceedings state-court-proceedings |
Question not identified. |
| 22-7354 |
Rafael L. Beier v. United States |
Ninth Circuit |
2023-04-24 |
Denied |
Response WaivedIFP |
28-usc-2255 certificate-of-appealability evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-bargaining section-2255-motion sentencing sentencing-guidelines |
1. Did the Ninth Circuit err in summarily denying a certificate of appealabililty that would allow an appeal from an order denying a motion to vacate,… |
| 22-7350 |
Emanuel Higuera v. United States |
Ninth Circuit |
2023-04-24 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidentiary-hearing expert-testimony judicial-discretion law-enforcement preliminary-proceedings trial-procedure witness-qualification |
Whether district courts should be required to hold some type of preliminary proceedings before allowing experienced-based law enforcement experts to t… |
| 22-1029 |
Jack Jordan v. United States Court of Appeals for the Tenth Circuit |
Tenth Circuit |
2023-04-24 |
Denied |
|
attorney-disbarment constitutional-rights due-process evidentiary-hearing frivolous-arguments judicial-misconduct judicial-privilege judicial-procedure notice-and-opportunity-to-respond |
1. Whether a federal appeals court has the power
to disbar an attorney by denying the attorney an evidentiary hearing (which the attorney requested) b… |
| 22-7230 |
James Jonathan Mitchell v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-04-06 |
Denied |
IFP |
actual-innocence due-process evidentiary-hearing exculpatory-evidence federal-petition habeas-corpus newly-discovered-evidence procedural-due-process successive-petition summary-dismissal |
Question not identified. |
| 22-6943 |
Travis Thurston v. Florida |
Florida |
2023-03-06 |
Denied |
IFP |
constitutional-rights due-process evidentiary-hearing florida-law legal-representation post-conviction postconviction-relief |
WHETHER THE STATE COURT'S DECISION TO DEPRIVE PETITIONER OF POSTCONVICTION EVIDENTIARY HEARING COUNSEL VIOLATED HIS CONSTITUTIONAL RIGHT TO DUE PROCES… |
| 22-6923 |
In Re Jesse Brown |
|
2023-03-03 |
Denied |
IFP |
actual-innocence constitutional-claim defense-theory evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel ineffective-assistance-of-trial-counsel legal-default post-conviction-relief standard-of-review trial-counsel |
I. Is the Petitioner entitled to a AC defense theory?
II. Is the Petitioner entitled to AN standard of review of his claims on the merits?
III. Is t… |
| 22-6893 |
James Alvin Chaney, aka Ace Chaney v. United States |
Sixth Circuit |
2023-03-01 |
Denied |
Response WaivedIFP |
burden-of-proof court-officers criminal-procedure due-process evidentiary-hearing ex-parte-discussions juror-misconduct jury-instructions united-states-v-ruan unrecorded-ex-parte-discussions |
Number 1:
In light of United States v. Ruan, were the jury instructions in
Chaney incorrect and should Dr. Chaney's conviction be vacated?
Number 2:
… |
| 22-6833 |
James Floyd v. Texas |
Texas |
2023-02-22 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure double-jeopardy due-process evidentiary-hearing goading mistrial trial-rights |
1) Does a goading-style Double Jeopardy violation bar further retrial
even where the trial court had granted a mistrial on anindependent ground?
2) I… |
| 22-6688 |
Danny Richard Rivers v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-02-02 |
Denied |
IFP |
2254(e)(2) due-process evidentiary-hearing federal-civil-procedure habeas-corpus ineffective-assistance martinez-exceptions pinholster procedural-default reversible-error |
Did the Fifth Circuit Court of Appeals violate due process and/or commit reversable error when it applied PINHOLSTER to bar evidentiary hearing?
Unde… |
| 22-6609 |
James D. Thomas v. United States |
Sixth Circuit |
2023-01-23 |
Denied |
Response WaivedIFP |
28-usc-2255 brady-violation due-process evidentiary-hearing fifth-amendment fourteenth-amendment |
1) DID THE SIXTH CIRCUIT COURT OF APPEALS VIOLATE PETITIONER'S
FIFTH AND FOURTEENTH AMENDMENT RIGHT BY DENYING PETITIONERS
28 USC § 2255 MOTION TO V… |
| 22-537 |
Ramy Eid Zaki Hakim v. United States |
Ninth Circuit |
2022-12-12 |
Denied |
Response Waived |
due-process evidentiary-hearing government-inducement government-promise guilty-plea immigration-status judicial-review plea-bargaining plea-withdrawal |
When Can a Defendant, Induced to Enter a Guilty Plea by the Government's Promise to Assist the Defendant with His Immigration Status, Move to Withdraw… |
| 22-527 |
Sammy Jay Riddle v. Texas |
Texas |
2022-12-07 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-rights criminal-procedure due-process evidentiary-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel state-collateral-review texas-courts texas-criminal-procedure |
I. Whether the Texas courts denied petitioner due process by rejecting his substantial ineffective assistance of counsel claim without conducting an e… |
| 22-6185 |
Brent William Bogseth v. James R. Schiebner, Warden |
Sixth Circuit |
2022-12-01 |
Denied |
Response WaivedIFP |
6th-amendment appellate-jurisdiction civil-rights constitutional-review criminal-procedure due-process evidentiary-hearing habeas-corpus jury-verdict sixth-circuit unreasonable-evidence |
Was the District Court's order for petitioner's B2254 petition final in that it actually adjudicated petitioner's (capital) jury Claim, vi Amendment V… |
| 22-6159 |
Jeffrey Morris v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-11-29 |
Denied |
IFP |
actual-innocence appellate-review constitutional-rights criminal-procedure due-process evidentiary-hearing post-conviction recantation witness-testimony |
Does the State of Florida violate a defendant's due process and/or constitutional right to present a defense in conviction challenges and entitlement … |
| 22-6156 |
Peter Ivan McNeal v. Dean Borders, Warden |
Ninth Circuit |
2022-11-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process eighth-amendment evidentiary-hearing exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel memory-expert taint-expert trial-counsel |
Whether the California courts' unreasonable refusal to hold an evidentiary hearing on petitioner's claims of ineffective assistance of counsel, combin… |
| 22-485 |
Kenneth Charles McNeil v. United States |
Ninth Circuit |
2022-11-22 |
Denied |
Response Waived |
all-writs-act coram-nobis courts-of-equity criminal-judgment criminal-procedure equity evidentiary-hearing federal-courts habeas-corpus statutory-interpretation |
Whether federal courts of equity had jurisdiction to correct criminal judgments after completion of the sentence, and, if so, whether federal courts v… |
| 22-6103 |
Serdar Tatar v. United States |
Third Circuit |
2022-11-18 |
Denied |
Response WaivedIFP |
18-usc-3582-c-1-a abuse-of-discretion actual-innocence brady-claims concepcion-v-united-states evidentiary-hearing judicial-error legal-standard motion-for-relief rule-60 rule-60-b |
I. Whether or not the district court's denial of Mr. Tatar's. Motion
for relief under Rule 60(d)$3) , (b)(3), and (b)(6), for fraud, and
or fraud upo… |
| 22-6091 |
Brian J. Dorsey v. David Vandergriff, Warden |
Eighth Circuit |
2022-11-17 |
Denied |
IFP |
capital-sentencing certificate-of-appealability evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel law-of-the-case martinez-v-ryan procedural-default sixth-amendment |
More than four decades ago, this Court held that it is crucial that the jury be allowed to hear evidence of a defendant's positive adjustment to priso… |
| 22-6074 |
Terry Eugene Sears v. Vernia Roberts, et al. |
Eleventh Circuit |
2022-11-16 |
Denied |
IFP |
civil-procedure civil-rights due-process eighth-amendment evidentiary-hearing fourteenth-amendment judicial-discretion prisoner-litigation prisoner-rights security-measures |
1. WHETHER THE PROCEDURES REQUIRED TO INSTITUTE UNUSUAL SECURITY MEASURES APPLY IN CIVIL CASES BROUGHT BY PRISONER - PLAINTIFFS?
2. WHETHER DISTRICT … |
| 22-6065 |
Samirkumar J. Shah v. United States |
Third Circuit |
2022-11-16 |
Denied |
Response WaivedIFP |
adversarial-process conflict-of-interest criminal-procedure disqualification disqualification-motion due-process evidentiary-hearing prosecutorial-ethics prosecutorial-misconduct |
The situation in this case raises the question of whether the Petitioner, Samirkumar Shah, a practicing cardiologist whose former attorney, Tina Mille… |
| 22-6007 |
Jerry Word v. John Christiansen, Warden |
Sixth Circuit |
2022-11-07 |
Denied |
Response WaivedIFP |
civil-procedure due-process evidentiary-hearing fourth-amendment fraud-upon-court fraud-upon-the-court ineffective-assistance-counsel prosecutorial-misconduct remand search-and-seizure standing |
Whether the lower courts may reject a claims of fraud upon the court without addressing that issue or remanding the case to the lower courts where cle… |
| 22-5978 |
Richard R. Crawford v. United States |
Sixth Circuit |
2022-11-02 |
Denied |
Response WaivedIFP |
arbitrary-and-capricious arbitrary-capricious certificate-of-appealability constitutional-rights criminal-procedure detention-versus-arrest due-process evidentiary-hearing sworn-testimony |
WHETHER A DETERMINATION BY THE LOWER COURTS THAT THE
OFFICERS ONLY DETAINED THE PETITIONER, AND NOT ARRESTED HIM,
WHICH FINDING WAS IN DIRECT CONFLICT… |
| 22-5888 |
Manolo Martinez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-10-24 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-rights due-process evidentiary-hearing franks-v-delaware habeas-corpus probable-cause |
Whether Petitioner was denied his U.S. Constitutional rights to due process based on the Eleventh Circuit Court of Appeal decision conflicting with we… |
| 22-5840 |
Joseph Shook v. Florida, et al. |
Eleventh Circuit |
2022-10-14 |
Denied |
IFP |
constitutional-rights criminal-trial due-process evidence evidence-admission evidentiary-hearing ineffective-assistance-of-counsel ineffective-counsel jury-selection life-sentence prejudice prejudicial-testimony right-to-remain-silent |
Whether a Petitioner who is serving a life sentence without the possibility of parole is denied his constitutional rights do to trial court err by:
A… |
| 22-253 |
Christine Chui v. Benjamin Tze-Man Chui, et al. |
California |
2022-09-19 |
Denied |
|
civil-rights due-process evidentiary-hearing government-action guardianship judicial-procedure property-rights settlement settlement-binding |
1. Whether our government can deprive real properties from parties (including wards in guardianships) on complex matters in chambers without any notic… |
| 22-251 |
Michael Chui v. Benjamin Tze-Man Chui, as Trustee, et al. |
California |
2022-09-16 |
Denied |
|
california-law civil-procedure civil-rights court-discretion due-process evidentiary-hearing guardian-ad-litem minor-rights settlement-authority standing |
The 14th Amendment's Due Process Clause provides that "No state . . . shall deprive any person of life, liberty, or property without due process of la… |
| 22-5596 |
Roberta Ronique Bell v. Warden, FCI Dublin |
Ninth Circuit |
2022-09-16 |
Denied |
Response WaivedIFP |
§-2241-relief actual-innocence co-conspirator due-process evidentiary-hearing habeas-corpus procedural-due-process separate-proceedings |
WHETHER THE DENIAL OF AN EVIDENTIARY HEARING IN SUPPORT OF § 2241 RELIEF CAN BE BASED EXCLUSIVELY ON THE RECORD DEVELOPED BY AN ALLEGED CO-CONSPIRATOR… |
| 22-5495 |
Micquel Shemario Thomas v. Michigan |
Michigan |
2022-09-01 |
Denied |
Response RequestedRelisted (2)IFP |
brady-violation criminal-procedure discretionary-review due-process evidentiary-hearing habeas-corpus michigan-supreme-court people-v-ginther post-conviction remand state-court supreme-court-review |
Question not identified. |
| 22-5452 |
Cameron Paul Crockett v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2022-08-29 |
Denied |
Response WaivedIFP |
aedpa evidentiary-hearing fact-finding federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice state-court |
Does AEDPA's "unreasonable determination of the facts" clause contemplate that materially inadequate state court fact-finding processes can satisfy § … |
| 22-176 |
James Burkhart v. United States |
Seventh Circuit |
2022-08-29 |
Denied |
Response Waived |
28-usc-2255 adverse-effect conflict-of-interest counsel-conflict evidentiary-hearing guilty-plea ineffective-assistance post-conviction-relief sixth-amendment |
Under Cuyler v. Sullivan, 446 U.S. 335 (1980), to establish a Sixth Amendment violation, a defendant must prove that his lawyer had an "actual conflic… |
| 22-5309 |
Saddam Daoud Samaan v. United States |
Eighth Circuit |
2022-08-08 |
Denied |
Response WaivedIFP |
attorney-misconduct civil-rights constitutional-rights criminal-procedure due-process evidentiary-hearing habeas-corpus immunity ineffective-assistance post-conviction-relief |
Question not identified. |
| 22-5259 |
Elseddig Elmarioud Musa v. United States |
Ninth Circuit |
2022-08-03 |
Denied |
Response WaivedIFP |
appellate-review buck-v-davis certificate-of-appealability constitutional-rights court-of-appeals due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel supreme-court-precedent |
1. Where a Court of Appeals denies a Petition for Issuance of a Certificate of Appealability ("COA ") in disregard of the rule announced in Buck v Dav… |
| 22-5090 |
Michelle C. Cantatore v. United States |
Third Circuit |
2022-07-13 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-history district-court-discretion evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel section-2255 sentencing sentencing-counsel sentencing-disparity |
Whether the Third Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion by denying… |
| 22-5103 |
Chico Jermell Carraway v. United States |
Third Circuit |
2022-07-13 |
Denied |
Response WaivedIFP |
2255-motion 28-usc-2255 evidentiary-hearing ineffective-assistance-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining rule-11 rule-11-procedure sentencing sentencing-hearing |
When a defendant alleges with supporting evidence that he pleaded guilty based on an unkept promise of counsel concerning sentencing, is he entitled t… |
| 22-5071 |
Daniel Toney v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-07-12 |
Denied |
IFP |
14th-amendment 6th-amendment circumstantial-evidence due-process evidentiary-hearing fourteenth-amendment habitual-offender ineffective-assistance montgomery sixth-amendment |
Question One: If the record reflects similar if not more egregious ineffective assistance by trial counsel. The claim was not refuted at evidentiary h… |
| 22-5032 |
Steven Louis Barnes v. South Carolina |
South Carolina |
2022-07-05 |
Denied |
Response WaivedIFP |
and whether denial of an evidentiary hearing viol collateral-review constitutional-rights direct-appeal due-process evidentiary-hearing ineffective-assistance-of-counsel ineffective-counsel remedy |
IS THERE A DISTINCTION BETWEEN REMEDIES IN RAISING INEFFECTIVENESS OF CONSTITUTIONAL COUNSEL ON DIRECT APPEAL, WHERE CONSTITUTIONAL COUNSEL IS ALLOWED… |
| 21-1587 |
Tim Shoop, Warden v. Jeronique D. Cunningham |
Sixth Circuit |
2022-06-23 |
Denied |
Amici (1)Relisted (6) |
aedpa circuit-precedent evidentiary-hearing federal-evidence-rule federal-law habeas-relief sixth-circuit state-court-ruling |
1. AEDPA generally prohibits courts from awarding habeas relief to state prisoners. It lifts that prohibition with respect to prisoners in custody bec… |
| 21-1558 |
John Curtis Dewberry v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Divisions |
Fifth Circuit |
2022-06-14 |
Denied |
|
aedpa certificate-of-appealability death-penalty district-court evidentiary-hearing fifth-circuit ineffective-assistance ineffective-assistance-of-counsel minor-sentencing |
Whether the United States District Court For The Eastern District Of Texas erred in denying Petitioner Dewberry a Certificate of Appealability when it… |
| 21-8135 |
Zachary Chandler v. United States |
Eleventh Circuit |
2022-06-14 |
Denied |
Response WaivedIFP |
adversarial-testing criminal-defense criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-sympathy sixth-amendment sympathy-defense trial-strategy |
I.
WHETHER COUNSEL WAS INEFFECTIVE BECAUSE COUNSEL'S DEFENSE STRATEGY WAS TO HAVE CHANDLER WEAR PRISON ATTIRE IN ORDER TO GARNER THE JURY'S SYMPATHY?
… |
| 21-8007 |
In Re Michael David Hower |
|
2022-06-01 |
Denied |
Response WaivedIFP |
28-usc-2255 aedpa criminal-procedure due-process evidentiary-hearing federal-rules habeas-corpus ineffective-assistance ineffective-assistance-of-counsel massaro-v-united-states plea-withdrawal |
Has AEDPA created an unconstitutional barrier that has rendered the petitioners remedy under 28 U.S.C. §2255 inadequate or ineffective to test the leg… |
| 21-1493 |
James Joseph Knochel v. Amy Fackrell, et al. |
Ninth Circuit |
2022-05-27 |
Denied |
Response WaivedRelisted (3) |
civil-rights due-process evidentiary-hearing fraud-on-court habeas-corpus next-friend standing vexatious vexatious-litigant whitmore-standard |
#1 - Does Whitmore v. Arkansas, 495 U.S. 149, require an evidentiary hearing before dismissing a next friend's petition for writ of habeas corpus, or … |
| 21-7940 |
Jason P. Thomas v. Morris Houser, Superintendent, State Correctional Institution at Benner Township, et al. |
Third Circuit |
2022-05-23 |
Denied |
IFP |
criminal-procedure double-jeopardy evidentiary-hearing fabricated-evidence ineffective-assistance jury-instruction jury-instructions prosecutorial-misconduct sentencing |
I. Whether the District Court, without holding an evidentiary hearing erred in disposing of Petitioner 's trial icounsel 's ineffectiveness surroundin… |
| 21-7642 |
Brandon J. Weathers v. Nebraska |
Nebraska |
2022-04-18 |
Denied |
Response WaivedIFP |
constitutional-rights due-process evidentiary-hearing fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel right-to-counsel state-court-conviction |
Is the Petitioner, on retake, prisoner entitled to an evidentiary hearing in a State District Court habeas corpus proceeding, where the petitioner has… |
| 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… |
| 21-7582 |
Francisco Abreu Tartabull v. United States |
Eleventh Circuit |
2022-04-08 |
Denied |
Response WaivedIFP |
11th-circuit 28-usc-2255 certificate-of-appealability district-court eleventh-circuit evidentiary-hearing habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel section-2255 |
Whether the Eleventh Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion by deny… |
| 21-7539 |
John P. Higley v. Oklahoma |
Oklahoma |
2022-04-05 |
Denied |
IFP |
14th-amendment appeal-out-of-time case-law constitutional-rights criminal-procedure direct-appeal due-process evidentiary-hearing findings-of-fact ineffective-assistance |
1) Did the Oklahoma Court of Criminal Appeals violate Mr. Higley's 14th Amendment right to
Due Process by:
a) Affirming the District Court 's decision… |
| 21-1318 |
Gregory Bogomol v. United States |
Fifth Circuit |
2022-04-04 |
Denied |
Response Waived |
28-usc-2255 evidentiary-hearing federal-procedure fourth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel knock-and-talk motion-to-suppress warrantless-search |
1. What is the proper standard for determining when a federal habeas petitioner is entitled to an evidentiary hearing under 28 U.S.C. § 2255?
2. Does… |
| 21-7493 |
Thomas Carl Bruni v. Craig Apple, Sheriff, Albany County, New York |
Second Circuit |
2022-03-29 |
Denied |
IFP |
appeals appellate-procedure certificate-of-appealability civil-rights counsel-appointment due-process evidentiary-hearing federal-jurisdiction habeas-corpus standing |
Question not identified. |
| 21-7481 |
Timothy K. Prince v. Michigan |
Michigan |
2022-03-28 |
Denied |
IFP |
appellate-review evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel judicial-bias michigan-supreme-court neglected-issues pecuniary-interest procedural-default trial-counsel |
I. Did the Michigan Supreme Court err by refusing to review this claim where a judge must disqualify itself where it is actually biased or where the p… |
| 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… |
| 21-7334 |
Gregory Todd Numann v. United States |
Ninth Circuit |
2022-03-10 |
Denied |
Response WaivedIFP |
28-usc-2255 certificate-of-appealability child-pornography criminal-procedure evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel password-protected-device plea-bargaining |
Whether the Court of Appeals for the Ninth Circuit erred in denying Mr. Numann's motion for certificate of appealability of the denial of his 28 USC 2… |
| 21-7229 |
Steven A. Taliani v. Illinois |
Illinois |
2022-02-28 |
Denied |
IFP |
criminal-procedure due-process evidence evidentiary-hearing involuntary-intoxication prescription-medication state-prisoner statutory-interpretation supreme-court-review |
1) Does the Illinois Supreme Court's opinion and analysis constitute an
unreasonable determination of the facts in light of the Illinois Supreme
Cour… |
| 21-7081 |
Marko Stasiv v. United States |
Second Circuit |
2022-02-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process evidentiary-hearing judicial-discretion jury-coercion jury-trial motion-for-new-trial |
Was the Defendant, Marko Stasiv, entitled to have a hearing on the question of jury coercion in connection with his Motion for a New Trial when the tr… |
| 21-6931 |
Tom Iles White, III v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-01-20 |
Denied |
Relisted (2)IFP |
constitutional-rights constitutional-violation due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-testify structural-error |
1. When a defendent claims their trial counsel denied them
the right to testify in a habeas corpus proceeding, can this claim
and a witness' supporti… |
| 21-6879 |
In Re Allen Fitzgerald Calton |
|
2022-01-18 |
Denied |
IFP |
cause-and-prejudice constitutional-rights criminal-procedure evidence-review evidentiary-hearing habeas-corpus innocence innocence-claim life-sentence original-jurisdiction state-court-review |
1. Whether Petitioner Ao Me Sickack Court Lor hearing gursus nt PON Combs ocainal \qaloeas yursdicion Vo rarcanked fa AHS excephional Life serene case… |
| 21-6885 |
Miguel Gonzalez Segovia v. United States |
Third Circuit |
2022-01-18 |
Denied |
Response WaivedIFP |
4th-amendment evidence-suppression evidentiary-hearing exclusionary-rule fourth-amendment pretrial-motion probable-cause search-and-seizure vehicle-stop |
Whether the Court erred when it denied Mr. Gonzalez Segovia's pretrial motion to suppress evidence seized pursuant to the vehicle stop. |
| 21-6901 |
Wilbert Mathes v. United States |
Fifth Circuit |
2022-01-18 |
Denied |
Response WaivedIFP |
appellate-counsel certificate-of-appealability criminal-procedure drug-quantity drug-quantity-enhancement evidentiary-hearing fifth-circuit ineffective-assistance ineffective-assistance-of-counsel leadership-enhancement sentencing sentencing-errors |
Whether the Fifth Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion by conclud… |
| 21-6863 |
Nesly Loute v. United States |
Eleventh Circuit |
2022-01-14 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review certificate-of-appealability district-court evidentiary-hearing habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel remand section-2255 |
Whether the Eleventh Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion by deny… |
| 21-6874 |
Joshua Britt v. United States |
Eighth Circuit |
2022-01-14 |
Denied |
Response WaivedIFP |
28-usc-2255 blackledge-v-allison counsel-misadvice dilang-dat-v-united-states due-process eighth-circuit-review evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief section-2255-motion |
Whether the United States Court of Appeals for the
Eighth Circuit erred in Affirming the conviction, where
the District Court, without an evidentiary… |
| 21-6801 |
In re Johnny McMahon |
|
2022-01-10 |
Denied |
IFP |
constitutional-rights due-process equal-protection evidentiary-hearing extrinsic-fraud fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct right-to-fair-trial |
Petitioner, Johnny E. McMahon, has been collaterally attacking subject-matter jurisdiction since 2011. However, this is the first time this Honorable … |
| 21-977 |
Robert E. Kovacevich v. Gordon R. Finch, et al. |
Washington |
2022-01-07 |
Denied |
|
case-settlement civil-contempt evidentiary-hearing judicial-estoppel judicial-procedure least-intrusive-remedy mootness supreme-court-precedent trial-court-discretion |
The state courts have failed to dismiss a civil contempt that was decided during trial. The case was later settled. The failure conflicts with three d… |
| 21-946 |
Michael Coscia v. United States |
Seventh Circuit |
2021-12-28 |
Denied |
Response Waived |
28-U.S.C-2255 adversely-affected conflict-of-interest Cuyler-v-Sullivan-446-U.S-335-1980 evidentiary-hearing ineffective-assistance Machibroda-v-United-States-368-U.S-487-1962 section-2255 supreme-court-precedent trial-counsel |
Whether a petitioner is entitled to an evidentiary hearing under 28 U.S.C. § 2255 to resolve his claim under Cuyler v. Sullivan, 446 U.S. 335 (1980), … |
| 21-6649 |
Paul J. Hultman v. Daniel Paramo, Warden |
Ninth Circuit |
2021-12-17 |
Denied |
Response WaivedIFP |
due-process evidentiary-hearing fourteenth-amendment habeas-corpus ineffective-assistance juror-misconduct presumption-of-prejudice sixth-amendment |
I
Were the Sixth and Fourteenth Amendments violated when
a juror admitted viewing unadmitted evidence during deliberations and stated that her verdic… |
| 21-6655 |
Henry Trevillion v. United States |
Eighth Circuit |
2021-12-17 |
Denied |
Response WaivedIFP |
civil-procedure covid-19 covid-19-pandemic equitable-tolling evidentiary-hearing federal-procedure judicial-review lockdown statute-of-limitations |
IS PETITIONER HENRY TREVILLION ENTITLED TO AN EVIDENTIARY
HEARING REGARDING HIS CLAIM THAT THE STATUTE OF LIMITATIONS
SHOULD BE EQUITABLY TOLLED BECAU… |
| 21-6619 |
Jeremiah Y. Nation v. Scott R. Frakes, Director, Nebraska Department of Correctional Services |
Eighth Circuit |
2021-12-15 |
Denied |
Response WaivedIFP |
appellate-jurisdiction certificate-of-appealability constitutional-violation evidentiary-hearing fourth-amendment habeas-corpus judicial-process legal-review procedural-grounds procedural-review state-court state-court-petition |
Should a Certificate of Appedability be issued on a Fourth Amendment claim in a Habeas Corpus petition if there Las a dispute in the l.s. District Cou… |
| 21-6562 |
Francis Timothy Plaza v. Barry Smith, Superintendent, State Correctional Institution at Houtzdale, et al. |
Third Circuit |
2021-12-08 |
Denied |
IFP |
case-progress civil-procedure due-process equitable-tolling evidentiary-hearing judicial-precedent precedent prisoner-rights procedural-fairness state-court |
WAS IT AN UNREASONABLE APPLICATION OF THIS COURT'S PRECEDENT TO RULE THAT EQUITABLE TOLLING SHOULD NOT APPLY TO THE PETITIONER'S CASE WHERE THE STATE … |
| 21-6469 |
Glen Campbell v. J. LaManna |
Second Circuit |
2021-12-01 |
Denied |
IFP |
cause-and-prejudice constitutional-claims counsel-ineffectiveness criminal-procedure evidentiary-hearing prosecutorial-misconduct sixth-amendment |
1). Whether the District Court overlooked Constitutional Claims and
Cause and Prejudice.
2). Whether petitioner was intitled to an Evidentiary Hearin… |
| 21-6382 |
Askia Mustafa Raheem v. Benjamin Ford, Warden |
Eleventh Circuit |
2021-11-23 |
Denied |
IFP |
brain-damage cause-and-prejudice criminal-procedure evidentiary-hearing habeas-corpus incompetency plain-error seizure-disorder |
1 Whether the lower courts violated this Court's incompetency and "right to
evidentiary hearing" habeas law when they summarily denied a hearing on
in… |
| 21-6329 |
Steven Blakeney v. United States |
Eighth Circuit |
2021-11-18 |
Denied |
Response WaivedIFP |
appellate-procedure certificate-of-appealability due-process eighth-circuit evidentiary-hearing habeas-corpus judicial-review procedural-standard summary-reversal |
Whether this Court should summarily reverse the Eighth Circuit's denial of a COA where the underlying issues were clearly debatable by jurists of reas… |
| 21-6301 |
Travis Wayne Bentley v. Oklahoma |
Oklahoma |
2021-11-16 |
Denied |
IFP |
criminal-procedure due-process evidentiary-hearing expert-witnesses fourteenth-amendment indian-federal-law indigenous-rights indigent-legal-counsel post-conviction-relief tribal-jurisdiction |
1) Did the Oklahoma Court of Criminal Appeals violate Mr. Bentley's Fourteenth Amendment right to Due Process by affirming the district court's Denial… |
| 21-6270 |
Catherine Pileggi v. Florida |
Florida |
2021-11-15 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel postconviction postconviction-relief state-court state-court-procedure |
Whether the due process clause of the United States Constitution requires a state court adjudicating a claim of ineffective assistance of counsel to a… |
| 21-6220 |
Jehoni Kierre Williams v. United States |
Fifth Circuit |
2021-11-09 |
Denied |
IFP |
2255-motion abuse-of-discretion amendment civil-procedure direct-appeal district-court-discretion evidentiary-hearing federal-rules-of-civil-procedure ineffective-assistance-of-counsel notice-of-appeal |
Whether the District Court denying petitioner's request to Amend is in conflict with The Federal Rules of Civil Procedure Rule 15?
2) Whether the Dis… |
| 21-6183 |
In Re Charles Gary Bruce |
|
2021-11-04 |
Denied |
Response WaivedIFP |
5th-amendment constitutional-rights due-process evidentiary-hearing judicial-bias judicial-misconduct mandamus pro-se |
1) When a petitioner makes a prima facie showing of constitutionally impermissible conduct by prosecution, must court hold a -ranks hearing to investi… |
| 21-6169 |
Donald Stephen Yaag v. Renee Baker, Warden, et al. |
Ninth Circuit |
2021-11-03 |
Denied |
Relisted (2)IFP |
abuse-of-discretion civil-rights due-process evidentiary-hearing ineffective-assistance-of-counsel public-defender |
1) Whether Material exculpatory evidence against Petitioner his in LA California Prison at the time those allegations were lodged against him reflects… |
| 21-6159 |
Michael Skinner v. Florida |
Florida |
2021-11-02 |
Denied |
Response WaivedRelisted (2)IFP |
evidentiary-hearing fair-trial guilty-verdict impartial-jury juror-misconduct sixth-amendment sixth-amendment-violation |
1. Whether the Sixth Amendment right to a fair trial before an impartial jury would require an evidentiary hearing, following the disposition of a tri… |
| 21-6024 |
Dudley Allen Hicks v. Florida |
Florida |
2021-10-20 |
Denied |
Response WaivedIFP |
counsel-competence criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel mental-competency post-conviction-relief right-to-counsel sixth-amendment |
VJWV V\\nM oP evxfAe-'Ote avd C'^cuvvisAa^ces n'lusV
be. CeveoAed Vo a CCxnVxnaN aVVo'r*>ey •Vo C-CeciVe
a boma Pde dloubV as Vo W\± cV»eoVs cor*pe.… |
| 21-556 |
Alexander P. Bebris v. United States |
Seventh Circuit |
2021-10-15 |
Denied |
Response Waived |
confrontation-clause constitutional-rights criminal-procedure evidentiary-hearing evidentiary-hearings pretrial-hearing pretrial-hearings sixth-amendment witness-credibility |
Does the Sixth Amendment and Confrontation Clause apply to all pretrial evidentiary hearings implicating the credibility of a witness? |
| 21-5910 |
Carlos Sauzo v. United States |
Fifth Circuit |
2021-10-06 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment burden-of-proof constitutional-rights credibility due-process evidentiary-hearing fifth-amendment inconclusive-record judicial-review sixth-amendment |
Does the Fifth and Sixth Amendment require the lower court to address an evidentiary hearing when the record before the court is inconclusive as to wh… |
| 21-5878 |
Linaker Charlemagne v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-10-05 |
Denied |
IFP |
civil-procedure conflict-of-interest constitutional-rights due-process evidentiary-hearing newly-discovered-evidence self-defense service-of-process |
1. Whether District Court, departed from essential requirements of law, by not perfecting
service on Petitioner in a timely manner, which denied cons… |
| 21-5883 |
Davon Nelson v. United States |
Fourth Circuit |
2021-10-04 |
Denied |
Response WaivedRelisted (2)IFP |
circuit-split collateral-proceeding direct-appeal evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement remand sixth-amendment |
The record below raises serious questions about whether Petitioner —an individual
whose exposure to lead paint poisoning as a child has had a signific… |
| 21-5774 |
Joseph Hilton Dierks v. United States |
Eighth Circuit |
2021-09-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidentiary-hearing exculpatory-evidence government-misconduct habeas-corpus |
Question not identified. |
| 21-397 |
Juan Joe Cano v. Texas |
Texas |
2021-09-13 |
Denied |
Response Waived |
contamination-of-accusations due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel prior-inconsistent-statements procedural-due-process prosecutorial-misconduct sexual-abuse suggestive-questioning witness-impeachment |
I. Was petitioner denied the effective assistance of counsel because trial counsel failed to impeach the complainants with their prior inconsistent st… |
| 21-5640 |
Todd Dalton v. Raymond Madden, Warden |
Ninth Circuit |
2021-09-09 |
Denied |
Response WaivedIFP |
child-sexual-abuse child-sexual-abuse-accommodation-syndrome csaas-evidence due-process evidentiary-hearing hearsay in-absentia-trial ineffective-assistance taint-and-memory-expert trial-procedure |
I. Did the California Courts' Unreasonable Refusal to
Hold an Evidentiary Hearing Entitle Dalton to anEvidentiary Hearing?
II. Did Trial Counsel Rend… |
| 21-5526 |
Duane Kelly v. Steven Johnson, Administrator, New Jersey State Prison |
Third Circuit |
2021-09-01 |
Denied |
Response WaivedIFP |
criminal-procedure district-court-review double-jeopardy due-process evidentiary-hearing inconsistent-verdict inconsistent-verdicts post-conviction-relief reasonable-jurist state-court-decision |
1.) WAS THE DISTRICT COURTS FINDINGS THAT THE STATE COURT REASONABLY APPLIED THE INCONSISTENT VERDICT LAW IN THIS CASE CORRECT?
2.) WOULD A REASONABL… |
| 21-267 |
James Garfield Broadnax v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-08-24 |
Denied |
Amici (1)Relisted (2) |
28-usc-2254 batson-challenge cullen-v-pinholster evidentiary-hearing federal-review habeas-corpus prosecutorial-discretion racial-discrimination statutory-interpretation |
Whether, under 28 U.S.C. § 2254(d) and Cullen v. Pinholster, 563 U.S. 170 (2011), a federal habeas petitioner may present evidence of a prosecutor's r… |
| 21-236 |
Charles A. Dread v. Maryland State Police |
Fourth Circuit |
2021-08-18 |
Denied |
|
civil-procedure constitutional-rights due-process evidentiary-hearing hearing maryland-rule-2-311(f) official-responsibility racial-discrimination summary-judgment |
(1) Was the Trial Court's denial of the Petitioner's Motion for Summary Judgment and Request for Hearing without granting the Petitioner a Hearing he … |
| 21-225 |
Ashley Mere Howard v. Texas |
Texas |
2021-08-16 |
Denied |
Response RequestedRelisted (2) |
credibility-determinations criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel parole-eligibility plea-bargaining plea-withdrawal |
I. Does the state court's decision that petitioner cannot challenge her murder conviction based on her original counsel's failure to inform her of the… |
| 21-5339 |
Joseph Miller v. United States |
Seventh Circuit |
2021-08-10 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation certificate-of-appealability civil-rights constitutional-right due-process evidentiary-hearing ineffective-assistance-of-counsel search-warrant-evidence slack-v-mcdaniel |
As a matter of first impression in this court, pursuant to Supreme Court Rule 10(C). does an attorney 's failure to advise his client of the adverse r… |
| 21-5311 |
Thomas Morgan Soper, II v. Idaho |
Idaho |
2021-08-06 |
Denied |
IFP |
brady-violation constitutional-rights criminal-procedure due-process evidentiary-hearing judicial-discretion prosecutorial-misconduct sentencing separation-of-powers statutory-interpretation |
*1. 0oes A PisTfaicrF C.jp&'kT A#*®' p&^ef\ &*tcL/o/? RicpT
*To Avi e?^o<ef^ o£-0lo5u5pes)^ a/J pefts/'sTMt E/ilfiwceirtert&
**3{t O&e.'b a Di^TricT"… |
| 21-5166 |
Leobardo Valladares v. Craig Koenig, Warden |
Ninth Circuit |
2021-07-22 |
Denied |
Response WaivedIFP |
criminal-procedure cumulative-error due-process evidentiary-hearing first-degree-murder ineffective-assistance jury-instructions reasonable-doubt standard-of-proof sufficiency-of-evidence |
I. Did the Prosecution Fail to Prove Beyond a
Reasonable Doubt That Valladares Committed First
Degree Murder?
II. Did Trial Counsel Render Ineffectiv… |
| 21-5062 |
Ricardo Burgos v. United States |
Seventh Circuit |
2021-07-09 |
Denied |
Response WaivedIFP |
civil-rights-restoration criminal-procedure due-process evidentiary-hearing felon-in-possession plain-error rehaif-standard rehaif-v-united-states |
In Light of this Court's holding in United States v. Gary, (20-444) (S.Ct. June 14, 2021) regarding plain error under Rehaif v. United States, 139 S.C… |
| 20-8463 |
Luther Pete Haynes v. Mona D. Houston, Warden |
Ninth Circuit |
2021-06-30 |
Denied |
IFP |
actual-innocence due-process evidentiary-hearing habeas-corpus illegal-extradition new-evidence |
1 Did the ul.s. q+b Cir. Ct. place to high aburdan Denying
COA when Hagnes merely had to show Jurists o f reason
could Disagree with the Dist. Saurt r… |
| 20-1798 |
Sylvanus Rene v. Texas |
Texas |
2021-06-25 |
Denied |
|
appellate-review constitutional-claims due-process evidentiary-hearing findings-of-fact habeas-corpus procedural-due-process state-court-proceeding witness-credibility |
Does it violate procedural due process for an appellate court, in denying relief on federal constitutional claims in a state habeas corpus proceeding,… |
| 20-8385 |
Samuel Lee Jackson v. Indiana |
Indiana |
2021-06-23 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment constitutional-rights due-process evidentiary-hearing indiana-constitution ineffective-assistance-of-counsel prior-counsel |
Whether the Petitioner's due process rights were violated in violation of the 5th Amendment, and 14th Amendment to the United States Constitutional, a… |
| 20-1704 |
RonRico Simmons, Jr. v. United States |
Sixth Circuit |
2021-06-09 |
Denied |
Amici (1)Relisted (3) |
aedpa evidentiary-hearing government-impediment habeas-corpus limitations-period pro-se timeliness |
To promote the finality of criminal judgments, the Antiterrorism and Effective Death Penalty Act (AEDPA) generally imposes a one-year limitations peri… |
| 20-8227 |
Trevor Anderson v. Lynn Lilley, Superintendent, Eastern Correctional Facility |
Second Circuit |
2021-06-04 |
Denied |
Response WaivedIFP |
criminal-defendant criminal-procedure due-process evidentiary-hearing fair-trial implicit-bias prosecutorial-misconduct summation visual-presentation |
1. Can a prosecutor's display of a visual presentation during summation activate implicit biases, and if so, does the activation of those biases depri… |
| 20-8118 |
Joshua Broughton v. Florida |
Florida |
2021-05-25 |
Denied |
IFP |
11th-circuit civil-rights due-process evidentiary-hearing habeas-corpus standing |
T c i\ |\JftT c\tac Vc> Wiii VWoraUe Courl' \Uai
ItViKo'ner TosWa fefouojUVon <X\od\ d V\Q\)e.
E_^iJcL-hVi^rv Heori/vj \n VY\e EAeve^VU£can+e<l
Circiu… |
| 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 … |
| 20-8129 |
Joseph Miller v. United States |
Seventh Circuit |
2021-05-25 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation certificate-of-appealability constitutional-right constitutional-rights direct-appeal evidentiary-hearing fifth-amendment fourth-amendment ineffective-assistance-of-counsel slack-v-mcdaniel |
I.
As a matter of first impression in this court, pursuant to Supreme Court Rule 10(C), does
an attorney 's failure to advise his client of the adver… |
| 20-8111 |
Taariq Kaaleeq Jackson-Bey v. United States |
Eighth Circuit |
2021-05-24 |
Denied |
Response WaivedIFP |
appeal-waiver constitutional-rights due-process evidentiary-hearing felon-in-possession guilty-plea henderson-v-united-states judicial-review liberty-review notice post-conviction-relief |
Question not identified. |
| 20-8090 |
Emem Ufot Udoh v. Minnesota |
Minnesota |
2021-05-20 |
Denied |
IFP |
actual-innocence brady-violation due-process evidentiary-hearing herrera-v-collins ineffective-assistance-of-counsel larrison-v-united-states newly-discovered-evidence prosecutorial-misconduct recantations witness-recantation |
1. Rulings Below: The District Court denied relief and the Court of Appeals affirmed. The federal
constitutional claim presented on grounds consistent… |
| 20-1624 |
Robert Butts v. William Sperfslage, Warden |
Eighth Circuit |
2021-05-20 |
Denied |
|
anti-terrorism-act anti-terrorism-and-effective-death-penalty-act attorney-deception effective-death-penalty-act equitable-tolling evidentiary-hearing habeas-corpus holland-v-florida section-2254 |
1. WHETHER, IN LIGHT OF EXPRESS AFFIDAVIT BY PETITIONER
DEMONSTRATING ATTORNEY DECEPTION ABOUT COMPLYING WITH DEADLINE,
THIS COURT SHOULD GRANT WRIT T… |
| 20-8042 |
Jorge Cervantes v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-05-17 |
Denied |
Response WaivedIFP |
due-process evidentiary-hearing fact-finding federal-habeas habeas-corpus ineffective-assistance judicial-review legal-determination postconviction-relief standard-of-review state-court-findings strickland |
1. Was the state court's failure to make the requisite findings of fact and law thus an unreasonable law, as determined by the United States Supreme C… |
| 20-7970 |
Christopher R. Glenn v. United States |
Eleventh Circuit |
2021-05-10 |
Denied |
Response WaivedIFP |
appellate-review counsel-misconduct due-process evidentiary-hearing fraud ineffective-assistance judicial-proceedings supervisory-power |
Did the Eleventh Circuit so far depart from the accepted and usual course of judicial proceedings as to call for an exercise of this Court's superviso… |
| 20-7881 |
Steven Lynn Oppel v. Minnesota |
Minnesota |
2021-04-28 |
Denied |
IFP |
6th-amendment constitutional-rights criminal-procedure due-process evidentiary-hearing judicial-misconduct judicial-reputation wrongful-conviction |
Are Minnesota courts more interested in protecting a judge's reputation then the constitutional rights of the people?
Did the trial judge have the ri… |
| 20-7751 |
Efrain Lopez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-04-14 |
Denied |
IFP |
actual-innocence constitutional-rights due-process evidentiary-hearing false-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel speedy-trial |
1. Ih Petitioner's COA, Lopez challenged the U.S. District Court's adjudication of his claims that: -(l) he is actually innocent; (2) he did not recei… |
| 20-1439 |
Phillip Dwayne Loyd v. United States |
Eighth Circuit |
2021-04-14 |
Denied |
Response Waived |
actual-innocence certificate-of-appealability constitutional-claims district-court due-process evidentiary-hearing guilty-plea habeas-corpus |
I. The district court denied Petitioner's application for a writ of habeas corpus without an evidentiary hearing because Petitioner's factual allegati… |
| 20-7724 |
John K. Wilson v. Rosemary Ndoh, Warden |
Ninth Circuit |
2021-04-12 |
Denied |
Response WaivedIFP |
constitutional-standard de-novo-review due-process evidentiary-hearing federal-constitutional-rights fourteenth-amendment guilty-plea no-contest-plea plea-bargaining standard-of-review state-court-proceedings |
Is a state court's ruling that a criminal defendant's guilty plea was "voluntary" a constitutional question under the Fourteenth Amendment, subject to… |
| 20-7553 |
Len Davis v. United States |
Fifth Circuit |
2021-03-25 |
Denied |
IFP |
capital-case certificate-of-appealability circuit-court-review evidentiary-hearing federal-appellate-review habeas-corpus supervisory-authority threshold-inquiry |
1. Whether this Court should grant certiorari and exercise its supervisory authority to bring uniformity to the circuit courts' COA practice so as to … |
| 20-7545 |
Tyrone Robinson v. Christopher Buesgen, Warden |
Seventh Circuit |
2021-03-24 |
Denied |
Response WaivedIFP |
evidentiary-hearing fact-reduction hearing-standard legal-standing plea-withdrawal post-conviction-relief procedural-rule sentencing standard-of-review standing state-court-jurisdiction |
SEn+edno,, J)oes+hE nesdd? ptaJe <x reeepnahiE P/Miti-ty
of ac^(ii'HL c>r Joe& he orShE (We fo pr&Ve a rsagpncibLE
©
hEafifig) -for -fad-f redA^'i^c^… |
| 20-7467 |
Timothy Wayne Carver v. United States |
Eleventh Circuit |
2021-03-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sixth-amendment |
Where plea counsel erroneously convinces a defendant to believe that he is guilty of an offense, may the guilty-pleading defendant obtain relief from … |
| 20-7367 |
Sherwood Laran Bostic v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-03-08 |
Denied |
Response WaivedIFP |
circuit-court constitutional-right constitutional-rights counsel due-process evidentiary-hearing post-conviction post-conviction-proceedings right-to-counsel state-court-proceedings state-proceeding |
DID THE U.S. CIRCUIT COURT OF APPEAL ERR WHEN IT DENIED (COA)
S B B P B B B Y PS
WHEN IT SUSTAINED THAT PETITIONER HAS NO CONSTITUTIONAL RIGHT
TO COUN… |
| 20-7336 |
Donovan Jonathan Tillman v. Florida |
Florida |
2021-03-05 |
Denied |
Response WaivedIFP |
constitutional-rights courtroom-access criminal-procedure due-process evidentiary-hearing pretrial-hearing public-trial-clause sixth-amendment state-court-decision witness-exclusion |
Did the state court, contrary to rulings of this Court and of the supreme and intermediate appellate courts of other states, violate the Public Trial … |
| 20-1181 |
Kyle Stephen Thompson v. Maryland |
Maryland |
2021-02-25 |
Denied |
Response Waived |
de-novo-review evidentiary-hearing fourth-amendment franks-hearing franks-v-delaware materiality-prong probable-cause search-warrant standard-of-review |
When a court considers a request for a Franks hearing by excising the challenged statements in the warrant application, does the court review the rema… |
| 20-7156 |
Faizal Sabar, aka Brian Pimentel v. United States |
Fifth Circuit |
2021-02-16 |
Denied |
Response WaivedIFP |
criminal-procedure discretionary-review evidentiary-hearing guilty-plea supervisory-powers united-states-court-of-appeals |
Whether the decision of the United State s Cour t of Appeals for the Fifth Circuit
("Fifth Circuit")–whi ch affirmed the District Cour t's denial of M… |
| 20-6899 |
Cynthia Hudson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-01-15 |
Denied |
Response WaivedRelisted (2)IFP |
bench-warrant certificate-of-appealability constitutional-rights due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel state-court |
1. Is a state habeas corpus petitioner who pleads ineffective assistance of counsel claims denied federal constitutional due process when the state ha… |
| 20-6826 |
Melissa Dean-Baumann v. Janelle Espinoza, Warden |
Ninth Circuit |
2021-01-14 |
Denied |
IFP |
aedpa due-process evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel martinez martinez-exception state-habeas-petition |
This case presents questions about the AEDPA:
I. Do the California Courts' Denials Bar Dean-Baumann's Federal Claims? ; Does Martinez Apply to Ineffe… |
| 20-6779 |
Leon Bright v. Angel Didios |
Florida |
2021-01-05 |
Denied |
IFP |
14th-amendment civil-rights constitutional-rights due-process equal-protection evidentiary-hearing judicial-procedure motion-to-dismiss notice |
Whether Defendants named above i.e., Lloyds of London 11c, Certain Underwriters 11c, Wow Burgers 11c, Checkers store 106, Checkers Drive-In Rest. Inc.… |
| 20-6766 |
Steven Justin Villalona v. United States |
Eleventh Circuit |
2021-01-04 |
Denied |
Response WaivedIFP |
28-usc-2255 due-process evidentiary-hearing haines-v-kerner ineffective-assistance-counsel ineffective-assistance-of-counsel judicial-recusal pro-se-pleadings recusal section-2255 |
(1) What rights under the Due Process clause do prisoners have during the course of 28 U.S.C. § 2255 proceedings?
(A) For example, if the record, mot… |
| 20-6548 |
Tamral Guzman v. United States |
Sixth Circuit |
2020-12-08 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence post-conviction-relief |
Question not identified. |
| 20-6567 |
Kedrio Lekeis Summerville v. United States |
Fourth Circuit |
2020-12-08 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-claim criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-withdrawal post-conviction-relief |
The counsel conceded dtiring sentencing that "it was his
fault that Mr. Summerville was faced with the increased penalty
because he failed to investi… |
| 20-6496 |
Michael Alford v. United States |
Eleventh Circuit |
2020-12-02 |
Denied |
Response WaivedIFP |
child-pornography criminal-procedure due-process evidentiary-hearing expert-services expert-witness forensic-evidence ineffective-assistance-of-counsel legal-assistance motion-of-innocence pro-se-litigant right-to-counsel |
Wheth The Court erred in Refusing To Order legal assistance and forensic Software expert assist. To Obtain and Subrit factual evidence of The Microsof… |
| 20-736 |
Adam Frasch v. Florida |
Florida |
2020-11-27 |
Denied |
Response Waived |
appeals brady-v-maryland brady-violation criminal-defendant criminal-procedure discovery due-process evidence evidence-disclosure evidentiary-hearing prosecutorial-misconduct |
Whether a criminal defendant is entitled to an evidenti ary hearing to determi ne if a violation has occur red pursuant to Brady v. Maryland , 373 U.S… |
| 20-708 |
Joe Nathan James v. Terry Raybon, Warden, et al. |
Eleventh Circuit |
2020-11-23 |
Denied |
|
28-U.S.C.-2254-d appellate-review evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health mental-health-evidence mitigation-evidence post-conviction-review strickland-standard |
1. Whether the Court of Appeals failed to follow the review requirements of 28 U.S.C. § 2254(d) and the case law produced surrounding Strickland v. Wa… |
| 20-6390 |
Rigoberto Cabrera v. United States |
Eleventh Circuit |
2020-11-19 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel loss-amount prosecutorial-misconduct sentencing sentencing-error witness-testimony |
1. Whether Cabrera made a sufficient showing that he received
ineffective assistance of counsel as a result of his counsel's
failure to challenge the … |
| 20-6293 |
Raymond Alan Griffin v. United States |
Fourth Circuit |
2020-11-12 |
Denied |
Response WaivedIFP |
criminal-procedure district-court due-process evidentiary-hearing federal-law findings-of-fact motion-to-suppress threshold-determination |
MAY A DISTRICT COURT MAKE FINDINGS OF FACT RESOLVING CONTESTED ISSUES IN DETERMINING THAT THE THRESHOLD FOR HOLDING AN EVIDENTIARY HEARING ON A DEFEND… |
| 20-6263 |
Haider Salah Abdulrazzak v. Brent Fluke, Warden, et al. |
Eighth Circuit |
2020-11-10 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-claims direct-appeal due-process evidentiary-hearing exhaustion-doctrine habeas-corpus ineffective-assistance standing state-court trial-attorney |
Question not identified. |
| 20-644 |
Terrence Pendergrass v. United States |
Second Circuit |
2020-11-10 |
Denied |
Response Waived |
buck-v-davis certificate-of-appealability civil-rights due-process evidentiary-hearing habeas-corpus ineffective-assistance motion-to-vacate second-circuit summary-dismissal |
I. Contrary to the holding in Buck v. Davis, 137 S. Ct. 759 (2017), did the Second Circuit err in denying Petitioner's motion for a certificate of app… |
| 20-6259 |
Angela de Jesus-Concepcion v. United States |
Third Circuit |
2020-11-09 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure district-court evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel misrepresentation sentencing sixth-amendment |
1. Whether Petitioner's Sixth Amendment right to the effective assistance of counsel impermissibly violated, when the district court erred in failing … |
| 20-6166 |
Brad Keith Sigmon v. Bryan Stirling, Commissioner, South Carolina Department of Corrections, et al. |
Fourth Circuit |
2020-10-29 |
Denied |
IFP |
capital-punishment capital-sentencing cumulative-evidence evidentiary-hearing ineffective-assistance-of-counsel martinez-claim martinez-v-ryan mitigation-evidence sixth-amendment |
1. Capital defendant Brad Sigmon presented additional mitigation evidence uncovered during a Martinez investigation that addressed the same general su… |
| 20-6107 |
Larry Michael Maples v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-10-23 |
Denied |
IFP |
constitutional-rights controversial-evidence due-process evidentiary-hearing findings-of-fact habeas-corpus ineffective-assistance lower-courts pillow state-evidence |
Whether an accused's Due Process Rights are violated when all lower courts deny an Evidentiary Hearing on controversial evidence and picture of a pill… |
| 20-6067 |
Angeledith Saramaylene Smith v. United States |
Ninth Circuit |
2020-10-20 |
Denied |
Response WaivedIFP |
certificate-of-appealability evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ninth-circuit plea-agreement sentencing sentencing-disparity |
Whether the District Court erred in rejecting petitioner's claim that her attorney provided ineffective assistance of counsel by failing to object to … |
| 20-6059 |
Paul Edward Duran v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2020-10-16 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review arbitration-award civil-rights constitutional-violations district-court due-process evidentiary-hearing federal-arbitration-act federal-court habeas-corpus judicial-discretion motion-to-vacate |
Question not identified. |
| 20-5989 |
Ann Karnofel v. Superior Waterproofing, Inc. |
Ohio |
2020-10-09 |
Rehearing |
Response WaivedRelisted (2)IFP |
attorney-fees attorney-sanctions civil-rights court-procedure due-process evidentiary-challenges evidentiary-hearing judicial-discretion legal-ethics legal-representation pro-se sanctions |
Petitionee denied her due peocess
WAS
RioHts, Decause she is A PRo
liticant?
se
fees on Petitionee, when Peritioner did seot bet
AN oPPDR tUNiT4 TO Re… |
| 20-5885 |
Mario Perez v. United States |
Fifth Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
appellate-jurisdiction civil-procedure due-process evidentiary-hearing legal-representation settlement-agreement |
whether Defense Counsel Provided Ineffective Assistance Under The Sixth Amendment For Failing To Challenge The Factual Resume Failing To Protect Petit… |
| 20-5613 |
Keith Bernard Smith v. Noah Nagy, Warden |
Sixth Circuit |
2020-09-09 |
Denied |
Response WaivedIFP |
constitutional-rights due-process evidentiary-hearing extraneous-contact fair-trial juror-misconduct jury remmer-v-united-states sixth-amendment trial-fairness |
DID THE TRIAL COURT INTERFERE WITH PETITIONER'S STATE AND FEDERAL CONSTITUTIONAL RIGHTS TO A FAIR JURY TRIAL WHEN SHE REFUSED TO HOLD AN EVIDENTIARY H… |
| 20-5587 |
Zachary Joseph Love v. United States |
Eighth Circuit |
2020-09-03 |
Denied |
Response WaivedIFP |
2255-motion 28-usc-2254 28-usc-2255 constitutional-rights evidentiary-hearing federal-procedure habeas-corpus kaufman-v-united-states townsend-factors townsend-v-sain |
In a habeas corpus proceeding under 28 U.S.C. § 2255 originating from a federal district court, where facts have not been established on the record to… |
| 20-5488 |
Franklin Rafael Lopez Toala v. United States |
Eleventh Circuit |
2020-08-25 |
Denied |
Response WaivedIFP |
5th-Amendment appellate-record due-process evidentiary-hearing fifth-amendment Gardner-v-Florida judicial-procedure presentence-investigation sentencing sentencing-review |
1. In reviewing a sentencing judgment, may the Eleventh Circuit consider new materials that were never introduced to the sentencing judge? (A 9-2 spli… |
| 20-5377 |
Brandon Ray Buckles v. United States |
Ninth Circuit |
2020-08-17 |
Denied |
Response WaivedIFP |
§-2255-motion 28-usc-2255 due-process evidentiary-hearing federal-prisoner fifth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel |
Is it improper for a district court to summarily deny a federal prisoner's motion to vacate, set aside or correct a sentence pursuant to 28 U.S.C. § 2… |
| 20-145 |
Carl Skidmore v. Joe A. Lizarraga, Warden |
Ninth Circuit |
2020-08-12 |
Denied |
Response Waived |
certificate-of-appealability cumulative-error de-novo-review district-court evidentiary-hearing fact-finding habeas-corpus post-conviction speculative |
I. Whether a certificate of appealability should have issued to address the question whether a district court may deny a habeas corpus petition as "sp… |
| 20-133 |
Joseph Michael Diaz v. United States |
Eleventh Circuit |
2020-08-07 |
Denied |
Response Waived |
child-pornography criminal-appeal eleventh-circuit evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal relevant-conduct sentencing-guidelines sexual-contact |
Whether the Eleventh Circuit Court of Appeals erred in holding that counsel was not ineffective assistance for failing to object to the application of… |
| 20-119 |
Louis Ruggiero v. United States |
Eleventh Circuit |
2020-08-04 |
Denied |
Response Waived |
28-usc-2255 criminal-procedure evidentiary-hearing federal-charges ineffective-assistance plea-bargaining prejudice prejudice-standard section-2255 |
Should the court of appeals have granted a certificate of appealability on whether a district court may deny a 28 U.S.C. § 2255 evidentiary hearing on… |
| 20-5250 |
Oscar Armando Avila-Jaimes v. United States |
Fifth Circuit |
2020-08-04 |
Denied |
Response WaivedIFP |
28-usc-2255 andrus-precedent evidentiary-hearing fifth-circuit fifth-circuit-review habeas-corpus ineffective-assistance-of-counsel ineffective-counsel strickland-standard strickland-v-washington |
1. Should a writ of certiorari be granted since the Fifth Circuit 's decision in not remanding to the lower court was contrary to precedent of this co… |
| 20-5155 |
Charles E. Coughlin v. United States |
District of Columbia |
2020-07-23 |
Denied |
Response WaivedRelisted (2)IFP |
28-usc-2255 constitutional-right constitutional-rights district-court-discretion evidentiary-hearing expert-witness ineffective-assistance-of-counsel medical-expert-witnesses strategic-decision unreasonable-determination |
1. Whether the court of appeals erred in denying petitioner's claim of ineffective assistance of counsel holding "appellant has not made a substantial… |
| 20-5128 |
Vernon Chapman v. United States |
Seventh Circuit |
2020-07-21 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-procedure due-process evidentiary-hearing exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing-consequences |
Considered Copate if a attorney did not follo
Is a investigation
the advice of "Several experts advisig him on hou to get
1
definitive
a
deterination… |
| 20-5023 |
Carter Vincent Anderson v. Darrel Vannoy, Warden |
Fifth Circuit |
2020-07-10 |
Denied |
Response WaivedIFP |
appellate-review batson-challenge batson-violation constitutional-rights due-process evidence-preservation evidence-suppression evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct |
Whether the District Court and Court of Appeal erred in review of claim presented which clearly show ineffective assistance of counsel on both trial a… |
| 20-5010 |
Danny Lee Warner, Jr. v. Montana |
Montana |
2020-07-09 |
Denied |
Response WaivedIFP |
attorney-client-privilege due-process evidentiary-hearing eyewitness-identification fourteenth-amendment prosecutorial-misconduct right-to-counsel sixth-amendment |
1. Petitioner filed a timely Motion for that prosecutors listened to privileged phone call's before trial .trial after discovering new and during The … |
| 19-8823 |
Alex Joseph Pedrin, Jr. v. United States |
Ninth Circuit |
2020-06-26 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct stash-house-sting |
Was Mr. Pedrin prejudiced by both the individual and cumulative impact of 1.) multiple deficiencies or errors by counsel during the pretrial, plea, tr… |
| 19-8704 |
Rolando Q. Alvarado v. Connie Horton, Warden |
Sixth Circuit |
2020-06-15 |
Denied |
Response WaivedIFP |
28-usc-2254 appellate-review circuit-court due-process evidentiary-hearing factual-determination habeas-corpus ineffective-assistance-of-counsel procedural-error statutory-interpretation unreasonable-determination-of-facts |
IS THE DECISION OF THE SIXTH CIRCUIT COURT OF APPEALS BASED ON AN UNREASONABLE DETERMINATION OF THE FACTS INASMUCH AS IT IS BASED ON AN INCOMPLETE REC… |
| 19-1372 |
Angel M. Ayala-Vazquez v. United States |
First Circuit |
2020-06-12 |
Denied |
Response Waived |
5th-amendment 6th-amendment appellate-review certificate-of-appealability due-process evidentiary-hearing fair-trial fifth-amendment judicial-proceedings perjured-testimony sixth-amendment standard-of-review supreme-court-precedent writ-of-certiorari |
Whether the lower courts so far departed from the accepted and usual course of judicial proceedings, or sanctioned such a departure by a lower court, … |
| 19-8657 |
Manoj Kumar Jha v. United States |
Fourth Circuit |
2020-06-10 |
Denied |
Response WaivedRelisted (2)IFP |
circuit-split due-process evidentiary-hearing fair-trial fair-tribunal judicial-bias post-conviction-collateral-motion post-conviction-relief section-2255-motion |
The first question deals with circumstances under which an evidentiary hearing may be warranted, including the level of burden a petitioner must meet … |
| 19-8633 |
Weylin O. Rodriguez v. United States |
Eleventh Circuit |
2020-06-07 |
Denied |
Response WaivedIFP |
certiorari-review due-process eleventh-circuit evidentiary-hearing habeas-corpus miller-el-standard precedent remand section-2255 supreme-court-precedent title-28-U.S.C-2255 |
A writ of certiorari be granted since the Eleventh Circuit's decision in not remanding to the lower court was contrary to precedent of this court whic… |
| 19-8433 |
Anthony Paul John v. Florida |
Florida |
2020-05-11 |
Denied |
Response WaivedIFP |
constitutional-rights due-process evidentiary-hearing fifth-amendment fourteenth-amendment habeas-corpus post-conviction-relief postconviction-relief right-to-counsel sixth-amendment |
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… |
| 19-8392 |
Juan Balderas v. Texas |
Texas |
2020-05-04 |
Denied |
IFP |
brady-violation capital-punishment constitutional-violations due-process evidentiary-hearing habeas-corpus ineffective-assistance post-conviction state-procedures |
In a death penalty case, where a state provides a post-conviction procedure for challenging the unresolved constitutional violations that occurred at … |
| 19-8128 |
Bobby Joe Buckner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-03-27 |
Denied |
IFP |
civil-rights due-process evidentiary-hearing fifth-circuit implied-bias standard-of-review |
1. Did the Fifth Circuit err in it's application of the implied bias
doctrine by stating that this case is outside the "extreme genre
of cases" to w… |
| 19-8098 |
Juan Carlos Rodriguez v. United States |
Ninth Circuit |
2020-03-24 |
Denied |
Response WaivedIFP |
concurrent-sentences due-process evidentiary-hearing guilty-plea ineffective-assistance motion-to-vacate plea-bargaining sentencing sentencing-consequences |
This case concerns petitioner's claim that he was misled concerning the sentencing consequences of his guilty plea to a conspiracy charge.
The questi… |
| 19-8046 |
Michael Anthony Cervantes v. W. L. Montgomery, Warden |
Ninth Circuit |
2020-03-19 |
Denied |
Response WaivedIFP |
28-usc-2254 constitutional-rights due-process evidentiary-hearing habeas-corpus habeas-relief ineffective-assistance-of-counsel prosecutorial-misconduct standing statutory-interpretation witness-testimony |
WAS PETITIONERS CONVICTION SUSTAINED IN VIOLATION OF DUE PROCESS WARRANTING HABEAS RELIEF WHERE THE DISTRICT
THE INJUSTICE THAT RESOULTS FRON THE CON… |
| 19-7894 |
In Re Charles S. Renchenski |
|
2020-03-11 |
Denied |
Response WaivedIFP |
constitutional-law due-process evidentiary-hearing federal-review habeas-corpus procedural-default statutory-adequacy statutory-interpretation statutory-notice writ-of-certiorari |
DID THE FEDERAL COURT(S) UNLAWFULLY SUSPEND THE WRIT OF HABEAS
CORPUS
BY
RENDERING DECISIONS CONTRARY TO THE UNITED STATES
SUPREME COURT RELATING TO: … |
| 19-7921 |
Floyd Dewaine Scott v. Superior Court of California, Monterey County |
Ninth Circuit |
2020-03-10 |
Denied |
IFP |
access-to-courts civil-rights court-access due-process evidentiary-hearing habeas-corpus judicial-bias recusal vexatious-litigant void-judgment |
1] Is it contrary to clearly established laws for to knowingly use Court Cases thatan Attorney were never Filed or Commenced, or Maintained to use as … |
| 19-1072 |
Scott Rothstein v. United States |
Eleventh Circuit |
2020-03-02 |
Denied |
Response Waived |
cooperation cooperation-credit criminal-procedure due-process evidentiary-hearing government-withdrawal plea-agreement rule-35 rule-35-motion |
A. Whether the Government's right to withdraw a previously earned and filed Rule 35 Motion, where the plea agreement fails to warn the defendant of th… |
| 19-7813 |
Michael C. Jamerson v. Jason Lewis, Warden |
Missouri |
2020-02-28 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation due-process evidentiary-hearing exculpatory-evidence giglio-vs-united-states habeas-corpus napue-standard napue-vs-illinois perjured-testimony prosecutorial-misconduct witness-testimony |
I. Did the Missouri courts err in failing to find that the State's failure to disclose exculpatory evidence violated its obligation under Brady v. Mar… |
| 19-7767 |
Octavio Torres Ortega v. Florida Attorney General, et al. |
Eleventh Circuit |
2020-02-26 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process evidentiary-hearing factual-record ineffective-assistance ineffective-assistance-of-counsel judicial-review new-trial reversible-errors standing trial-counsel trial-errors |
QUESTION ONE
SHOULD ANY OF THE REVIEWING COURT 'S HAVE
REVERSED FOR AN EVIDENTIARY HEARING TO DEVELOP
AN ACCURATE FACTUAL RECORD
QUESTION TWO
WAS C… |
| 19-7785 |
Jacob Daniel Wolf v. Suzanne M. Peery, Warden |
Ninth Circuit |
2020-02-26 |
Denied |
Response WaivedIFP |
civil-procedure criminal-appeal due-process evidentiary-hearing habeas-petition post-conviction-relief statutory-tolling time-barred timeliness |
Did the district court properly grant Respondent's motion to dismiss Wolf's habeas petition as time-barred where Respondent conceded that Wolf was ent… |
| 19-1034 |
Tami L. Mitchell v. Thomas M. Dillahunt |
Minnesota |
2020-02-19 |
Denied |
|
14th-amendment district-court due-process enforceability evidentiary-hearing fourteenth-amendment military-retired-pay state-courts uniformed-services-former-spouses-protection-act |
1. Did the Minnesota District Court's division of
petitioner's military retired pay violate the Uniformed
Services Former Spouses' Protection Act?
2.… |
| 19-7710 |
George R. Young v. Wanza Jackson-Mitchell, Warden |
Sixth Circuit |
2020-02-19 |
Denied |
IFP |
actual-innocence confrontation-clause constitutional-rights criminal-proceeding due-process evidentiary-hearing habeas-corpus ineffective-assistance newly-discovered-evidence self-incrimination state-court-proceedings |
On the record in this case, the District Court erred in denying a writ of habeas corpus without a plenary hearing.
When an application by a state pri… |
| 19-7697 |
Rebecca Leigh Lovell v. Children's Corner Daycare |
Sixth Circuit |
2020-02-18 |
Denied |
Response WaivedRelisted (2)IFP |
alternative-dispute-resolution civil-procedure coercion constitutional-rights court-discretion due-process duress evidentiary-hearing settlement-dispute settlements trial-court |
Did the Court of Appeals err in finding the trial court did not abuse its discretion by enforcing settlements that were disputed by a party without ho… |
| 19-7563 |
Terry Glynn Speed v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-02-06 |
Denied |
IFP |
civil-rights constitutional-violation due-process evidentiary-hearing habeas-corpus new-trial perjury racial-bias trial-procedure |
Question one.
On remand claim by Petitioner under Petitioner v. for reasons of Potential racial Prejudice (D) Pled with Consisted Perjured x and confl… |
| 19-7555 |
In Re Eugene French |
|
2020-02-05 |
Denied |
IFP |
aedpa aedpa-limitations evidence-hearing evidentiary-hearing federal-courts habeas-corpus jurisdiction-question newly-discovered-evidence original-jurisdiction successive-petition |
WHETHER TRANSFER TO THE DISTRICT COURT FOR A HEARING PURSUANT TO THIS COURT'S ORIGINAL HABEAS JURISDICTION IS WARRANTED IN THIS EXCEPTIONAL CASE WHERE… |
| 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… |
| 19-7451 |
David Keith Rogers v. California |
California |
2020-01-30 |
Denied |
IFP |
6th-amendment constitutional-hearing constitutional-rights court-discretion discretion due-process evidentiary-hearing fair-trial hearing judicial-procedure juror-misconduct legal-review |
Question not identified. |
| 19-7492 |
Inger L. Jensen v. United States |
Eleventh Circuit |
2020-01-30 |
Denied |
Response WaivedIFP |
28-usc-2255 abuse-of-discretion evidentiary-hearing habeas-corpus habeas-corpus-28-usc-2255 harmless-error ineffective-assistance-of-counsel standard-of-review |
A. 28 U.S.C. § 2255 states that "Unless the motion and the files and records of
the case conclusively show that the prisoner is entitled to no relief… |
| 19-946 |
William Snowden, Jr. v. Charmaine Bracy, Warden |
Sixth Circuit |
2020-01-28 |
Denied |
Response Waived |
actual-innocence aggravated-felony evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel procedural-default |
When a habeas corpus Petitioner is innocent of an aggravated felony, has proof of beyond all reasonable doubt and the innocence conviction occurred be… |
| 19-936 |
Terry Trentacosta v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-01-27 |
Denied |
|
28-usc-2253 appellate-procedure certificate-of-appealability civil-procedure evidentiary-hearing federal-habeas habeas-corpus slack-v-mcdaniel state-prisoner |
Should a state prisoner take a separate, direct appeal of the denial of an evidentiary hearing in a federal habeas case when no "certificate of appeal… |
| 19-7400 |
Christopher R. Glenn v. United States |
Eleventh Circuit |
2020-01-24 |
Denied |
Response WaivedIFP |
circuit-court civil-procedure civil-rights counsel-misconduct criminal-procedure due-process evidentiary-hearing fraud habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct judicial-proceedings pro-se-petition standing supervisory-power |
Did the Eleventh Circuit so far depart from the accepted and usual course of judicial proceedings as to call for an exercise of this Court's superviso… |
| 19-7359 |
Danny Guzman-Correa v. United States |
First Circuit |
2020-01-22 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel jury-consultant lafler-v-cooper missouri-v-frye prejudice public-trial public-trial-violation |
1. Whether reasonable jurist could find it debatable
that Petitioner's public-trial violation warranted ..
reversal at the minimum for an evidentiar… |
| 19-7327 |
Antonio Macli v. United States |
Eleventh Circuit |
2020-01-17 |
Denied |
Response WaivedIFP |
certificate-of-appealability claim-by-claim claim-determination constitutional-law criminal-procedure due-process evidentiary-hearing federal-court federal-courts habeas-corpus reasonable-jurists |
Does a federal habeas court have to determine the need for an evidentiary hearing on a claim by claim basis?
When one court grants a certificate of a… |
| 19-7272 |
Kenyatta Quinn Mitchell v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation, et al. |
Ninth Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
6th-amendment compulsory-process constitutional-law constitutional-rights criminal-conviction criminal-procedure due-process evidentiary-hearing fair-trial reasonable-doubt sixth-amendment trial-fairness |
1. Did the petitioner receive Constitutional effective assistance of trial Court counsel at trial Court answers? YES Appellant answers: NO
2. Did the… |
| 19-845 |
Charles Huggins v. United States |
Second Circuit |
2020-01-06 |
Denied |
Response Waived |
28-usc-2255 brady-violation criminal-procedure due-process evidentiary-hearing ineffective-assistance insufficient-evidence perjury section-2255 sixth-amendment |
1. Whether Petitioner was deprived of due process by his continuing imprisonment who was convicted on insufficient evidence without being granted an e… |
| 19-7014 |
Geoffrey Scott Gaffney v. United States |
Eighth Circuit |
2019-12-19 |
Denied |
Response WaivedIFP |
appeals constitutional-provisions district-court due-process eighth-circuit evidentiary-hearing habeas-corpus procunier-v-atchley stare-decisis |
SHOULD THIS COURT GRANT THIS PETITION TO ADDRESS THE OBVIOUS FAILURE OF THE EIGHTH CIRCUIT COURT OF APPEALS TO REQUIRE A DISTRICT COURT TO CONDUCT AN … |
| 19-6976 |
James Clayton Johnson v. Arizona |
Arizona |
2019-12-17 |
Denied |
IFP |
arizona capital-punishment constitutional-challenge cruel-and-unusual-punishment death-penalty due-process evidentiary-hearing factual-findings meaningful-opportunity standing |
Does a court deprive a capital defendant of his due process right to a meaningful opportunity to be heard when the defendant challenges the constituti… |
| 19-709 |
Mako One Corporation, et al. v. Cedar Rapids Bank and Trust Company |
Eighth Circuit |
2019-12-04 |
Denied |
Response Waived |
circuit-split civil-procedure civil-rights conflict-of-interest due-process evidentiary-hearing judicial-remedy remand reversal structural-error |
1. When a Circuit Court finds opposing counsel has an actual and serious conflict of interest in a civil case, should the Court view the conflict as a… |
| 19-6715 |
Brandon Lashon Ingram v. United States |
Fourth Circuit |
2019-11-22 |
Denied |
Response WaivedIFP |
confrontation-clause evidentiary-hearing habeas-corpus habeas-corpus-review harmless-error harmless-error-analysis ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington |
Does Title 28 U.S.C. § 2255(b) automatically require an evidentiary hearing when an affidavit presented by a defendant alleging a breakdown in communi… |
| 19-6638 |
Yannier Arias v. United States |
Eleventh Circuit |
2019-11-21 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-enhancement trial-counsel |
1. Whether conflicting affidavits require an evidentiary hearing for ineffective assistance of counsel.
2. Counsel was ineffective for not objecting … |
| 19-6665 |
Wesley Harlan Kingsbury v. United States |
Ninth Circuit |
2019-11-18 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-coercion section-2255 voluntariness |
The petitioner entered a guilty plea to health care fraud after his jury trial on the charges had commenced. He later filed a motion seeking to vacate… |
| 19-6600 |
Barry Lernard Davis v. United States |
Fifth Circuit |
2019-11-13 |
Denied |
Response WaivedIFP |
2255-motion 60b-motion abuse-of-discretion coa-brief court-of-appeals due-process evidentiary-hearing manifest-injustice procedural-due-process psr psr-challenge section-2255 sentencing-claim sentencing-evidence sentencing-issue sentencing-review |
1. Where petitioner attacked evidence; Statens Certified Motion to Dismiss allegation in his PSR, of R.D., to his 2255 Motion, and argued his evidence… |
| 19-6604 |
Ray Jefferson Cromartie v. Benjamin Ford, Warden |
Eleventh Circuit |
2019-11-13 |
Denied |
IFP |
capital-case-appeal capital-punishment circuit-split diligence evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel malice-murder new-evidence new-evidence-of-innocence |
In this capital case, Ray Jefferson Cromartie was convicted of malice murder and sentenced to death as the man who shot a store clerk, Richard Slysz. … |
| 19-6550 |
Christian James Gieseke v. United States |
Fifth Circuit |
2019-11-12 |
Denied |
Response WaivedIFP |
28-U.S.C-2255 28-usc-2255 6th-amendment counsel-misfeasance defenses duty-to-mitigate evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel post-conviction pretrial-detainee |
When a post-conviction movant proceeding under 28 U.S.C. § 2255 raises claims which, if true, would entitle him to relief, does the fact that movant d… |
| 19-6527 |
Ruben Patrick Valdes v. United States |
Fifth Circuit |
2019-11-06 |
Denied |
Response WaivedIFP |
28-usc-2255 certificate-of-appealability constitutional-claim criminal-history evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plain-error sentencing-guidelines |
1. WAS TRIAL COUNSEL CONSTITUTIONALLY INEFFECTIVE FOR FAILING TO INVESTIGATE, FACT-CHECK, AND OBJECT TO ERRONEOUS INCLUSION OF JUVENILE PRIORS DURING … |
| 19-6529 |
James Tyson, Jr. v. United States |
Fourth Circuit |
2019-11-06 |
Denied |
Response WaivedIFP |
2255-motion access-to-courts civil-procedure constitutional-rights due-process evidentiary-hearing ineffective-assistance rule-6-motion sealing-orders standing transparency |
I.) Was the district courts denial of Petitioners Rule 6 motion to unseal documents a denial of Petitioners due process rights?
II.) Was counsel cons… |
| 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 … |
| 19-6491 |
Matthew Shaffer v. United States |
Sixth Circuit |
2019-11-05 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure criminal-procedure-4th-amendment-search-and-seizur drug-conspiracy due-process evidence-suppression evidentiary-hearing exclusionary-rule firearms-expert-testimony-drug-activity law-enforcement-testimony multiple-conspiracies-sentencing-enhancements rule-29-motion-sufficiency-of-evidence search-warrant sentencing-enhancement standing |
1. THE TRIAL COURT ERRED IN FAILING TO CONDUCT AN EVIDENTIARY HEARING CONCERNING THE AFFIDAVIT RELIED UPON IN OBTAINING THE SEARCH WARRANT AND FURTHER… |
| 19-6429 |
William Jovian Davis v. Clark E. Ducart, Warden |
Ninth Circuit |
2019-11-01 |
Denied |
Response RequestedRelisted (7)IFP |
aedpa certificate-of-appealability evidentiary-hearing forensic-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ninth-circuit-review pro-se strickland-standard strickland-v-washington |
Did the Ninth Circuit's unreasoned denial so clearly misapply Buck's modest standard as to call for summary reversal? |
| 19-6460 |
Daniel Paul Copple v. Pelicia Hall, Commissioner, Mississippi Department of Corrections |
Fifth Circuit |
2019-10-31 |
Denied |
Response WaivedIFP |
constitutional-standards discovery discovery-limitations dismissal-standards due-process evidence-preservation evidentiary-hearing habeas-corpus institutional-mental-health-records judicial-discretion mental-competency pro-se-defendant state-records |
I.
When a defendant claims mental impairments had prevented him from timely filing his habeas petition, under Schrire v. Landrigan, should the distric… |
| 19-6419 |
Scott Wilson v. United States |
Fourth Circuit |
2019-10-28 |
Denied |
Response WaivedIFP |
certificate-of-appealability commerce-clause constitutional-rights due-process evidentiary-hearing fourth-circuit habeas-corpus ineffective-assistance-of-counsel ineffective-counsel plea-bargaining |
DENYING CERTIFICATE OF APPEALABILITY AS TO WHETHER THE
DISTRICT COURT;
(1) ERRS DENYING WILSON'S HABEAS CLAIM(S) ALLEGING COUNSEL'S
UNREASONABLE FAILU… |
| 19-6316 |
James Matthew Shelton v. United States |
Sixth Circuit |
2019-10-22 |
Denied |
Response WaivedIFP |
certificate-of-appealability competency-evaluation competency-to-stand-trial evidentiary-hearing habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion sixth-amendment sixth-circuit |
DENYING CERTIFICATE OF APPEALABILITY AS TO WHETHER THE LOWER
COURT;
(1) ERRS DENYING SHELTON'S HABEAS CLAIM ALLEGING INEFFECTIVE
ASSISTANCE OF COUNS… |
| 19-6333 |
Juan Gabriel Angulo-Cabrera v. United States |
Ninth Circuit |
2019-10-22 |
Denied |
Response WaivedIFP |
codefendant criminal-procedure due-process effective-attorney evidence evidentiary-hearing false-accusations ineffective-assistance phone-records right-to-counsel sixth-amendment trial trial-counsel |
1). Whether the District and Appellate Courts erred in denying Defendant an
evidentiary hearing on his claim of ineffective assistance of trial couns… |
| 19-515 |
Baldassare Amato v. United States |
Second Circuit |
2019-10-21 |
Denied |
|
adverse-effect automatic-reversal conflict-of-interest cuyler-v-sullivan evidentiary-hearing holloway-v-arkansas ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
1. Under what circumstances is the automatic
reversal rule from the decision in Holloway U.
Arkansas, 435 U.S. 475, 484 (1978) triggered after
Mickels… |
| 19-6231 |
William Dean Chapman v. United States |
Fourth Circuit |
2019-10-16 |
Denied |
Response WaivedRelisted (2)IFP |
aedpa aedpa-limitations circuit-split due-process equitable-tolling evidentiary-hearing fraud-upon-the-court habeas-corpus hill-v-lockhart holland-v-florida kyles-v-whitley lemaster materiality miller-v-united-states plea-agreement prosecutorial-misconduct raines-v-united-states rule-11 standing strickland supreme-court-precedent |
1) a.Is equitable tolling warranted when access to legal files and
resources is severely hampered? Where the 4th Circuit has denied equitable
tolling… |
| 19-459 |
Texas Brine Company, LLC v. Florida Gas Transmission Company, LLC |
Louisiana |
2019-10-07 |
Denied |
Response Waived |
appellate-procedure civil-procedure constitutional-rights due-process evidentiary-hearing judicial-bias political-sensitivity random-assignment recusal |
When a litigant presents a colorable claim of judicial bias, does due process entitle that litigant to an evidentiary hearing? |
| 19-6138 |
William A. White v. United States |
Eleventh Circuit |
2019-10-02 |
Denied |
Response WaivedIFP |
certificate-of-appealability civil-procedure district-court due-process evidentiary-development evidentiary-hearing habeas-corpus judicial-procedure judicial-proceedings post-conviction-relief section-2255 supervisory-power |
1) May a District Court, in a 28 USC §2255 proceeding, strike all of the evidence presented in support of the motion from the record, refuse to allow … |
| 19-6099 |
Khalil Stafford v. New Jersey |
New Jersey |
2019-10-01 |
Denied |
IFP |
appeals appellate-review due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plain-error time-barred |
1. If the evidentiary hearing was based upon the challenges ' being time barred, yet the
Appellate Court concurred that the fourth and fifth convicti… |
| 19-6052 |
Rafie A. Lee v. Florida, et al. |
Eleventh Circuit |
2019-09-24 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process evidentiary-hearing fair-trial federal-court fundamental-fairness habeas-corpus judicial-review state-court state-court-proceedings |
1) Whether Petitioner was denied "Fundamental Fairness " in the State Court Proceedings?
2) Whether State and District Court erred in denying Petitio… |
| 19-5985 |
Leeroy Cesar Carballo v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-18 |
Denied |
IFP |
appeal constitutional-rights criminal-procedure due-process evidentiary-hearing fifth-circuit-review fundamental-rights ineffective-assistance-of-counsel right-to-testify sentencing sentencing-phase |
During Petitioner's sentencing hearing, Petitioner took the stand, maintaining his innocence, and expressed his desire to tell the jury his side of th… |
| 19-5883 |
Richard Johnson v. United States |
Eleventh Circuit |
2019-09-10 |
Denied |
Response WaivedIFP |
criminal-procedure eleventh-circuit evidentiary-hearing fourth-amendment franks-challenge franks-v-delaware gall-standard search-warrant search-warrant-challenge-standard sentencing-variance substantial-preliminary-showing substantive-reasonableness veracity |
I. Whether this Court Should Clarify the Quantum Necessary for a Finding of a "Substantial Preliminary Showing" That Entitles Defendants to a Hearing … |
| 19-5874 |
David Kirkland v. United States |
Third Circuit |
2019-09-09 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility constitutional-claim evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prejudice sentencing-reduction sixth-circuit strickland-standard third-circuit trial |
1. Whether the petitioner's attorney was ineffective for withholding information that cost defendant a three-point sentencing reduction for acceptance… |
| 19-5837 |
Terri McGuire Mollica v. United States |
Eleventh Circuit |
2019-09-05 |
Denied |
Response WaivedIFP |
detention-cell Evidentiary-Hearing Exclusionary-Rule Fourth-Amendment Fruit-of-the-Poisonous-Tree Fruits-of-Poisonous-Tree ineffective-assistance Ineffective-Assistance-of-Counsel Reasonable-Expectation-of-Privacy section-2255 unreasonable-search Unreasonable-Search-and-Seizure Warrantless-Search |
1. Was Petitioners guilty plea sustained in violation of the
Fourth Amendment, Unreasonable Search and Seizure,
where law enforcement conducted a wa… |
| 19-5757 |
Fulvio Flete-Garcia v. United States |
First Circuit |
2019-08-29 |
Denied |
Response WaivedIFP |
aggravated-identity-theft conspiracy conversion-of-government-property evidentiary-hearing government-as-victim government-property identity-theft loss-calculation sentencing-enhancement sentencing-guidelines sentencing-guidelines-enhancement tax-fraud tax-fraud-conspiracy victim-enhancement |
1. Whether, in determining the sentence for a tax-fraud conspiracy where the defendant is charged with conversion of government property and aggravate… |
| 19-5717 |
Ronnie C. Brown v. Jeff Macomber, Warden, et al. |
Ninth Circuit |
2019-08-28 |
Denied |
Response WaivedIFP |
civil-procedure due-process equitable-tolling evidentiary-hearing habeas-corpus judicial-discretion mental-capacity mental-illness pro-se pro-se-petition |
Is equitable tolling available to render a late-filed pro se habeas petition timely when the record shows that during the relevant time period the pet… |
| 19-5728 |
Kristin L. Hardy v. Kelly Santoro, Acting Warden |
Ninth Circuit |
2019-08-28 |
Denied |
Response WaivedIFP |
appellate-review district-court evidentiary-hearing federal-habeas-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel performance-prong plea-negotiations sentencing-exposure state-court |
(1) Whether a federal appel late court fai ls to provi de legitimate federal
habeas revi ew when i t rejects an i neffecti ve assi stance of counsel c… |
| 19-5603 |
Jonathan Javier Aleman v. United States |
Eleventh Circuit |
2019-08-15 |
Denied |
Response WaivedIFP |
appeal-waiver certificate-of-appealability collateral-review constitutional-counsel criminal-case-defendant-rights criminal-defense evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement right-to-appeal sentencing sentencing-challenge subject-matter-jurisdiction |
1. This Court provides that a defense attorney must consult with case defendant concerning the defendant's right to appeal and the of waiving that rig… |
| 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… |
| 19-5400 |
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 … |
| 19-5320 |
Romon Lamont Dobbins v. Joe M. Allbaugh, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2019-07-24 |
Denied |
IFP |
criminal-procedure due-process evidentiary-hearing fourth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence reasonable-doubt search-and-seizure |
(1) Was Petitioner's Conviction Sustained With Insufficient Evidence Beyond
A Reasonable Doubt ?
(2) Did Petitioner Receive Ineffective Assistance O… |
| 19-5294 |
Abraham Asley Augustin v. United States |
Sixth Circuit |
2019-07-23 |
Denied |
Response WaivedIFP |
28-usc-2255 amendment criminal-procedure criminal-procedure-15a due-process evidentiary-hearing fair-notice federal-rules-civil-procedure fourth-amendment habeas-corpus motion-to-amend pleading responsive-pleading section-2255 standing |
1. Whether the Fed. R as a matter of course' Responsive pleading is filed can be arbitrarily disregarded and denied?Cxim. P. 15(a) Motion 's right to … |
| 19-105 |
Joseph A. Caramadre v. United States |
First Circuit |
2019-07-22 |
Denied |
Response Waived |
28-usc-2255 abuse-of-discretion appellate-review certificate-of-appealability evidentiary-hearing habeas-corpus hill-v-lockhart ineffective-assistance section-2255 strickland-standard strickland-v-washington |
1. Should a Writ of Habeas Corpus issue to the United States Court of Appeals for the First Circuit ("Court of Appeals") on the grounds that the showi… |
| 19-5275 |
Richard Michael Mathisen v. United States |
Fourth Circuit |
2019-07-22 |
Denied |
Response WaivedIFP |
6th-amendment criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-bargaining post-conviction-relief right-to-counsel sentencing sentencing-hearing sixth-amendment |
I. Whether the Fourth Circuit erred in affirming the District Court's denial of the Petitioner's Certificate of Appealability of the District Court's … |
| 19-5239 |
Kenneth Traylor v. Mississippi |
Mississippi |
2019-07-18 |
Denied |
Response WaivedIFP |
actual-innocence due-process evidentiary-hearing fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence post-conviction post-conviction-relief |
I. The Petitioner's Substantive Claim Should Be
Heard on the Merits, as the Claim Could Not
Have Been Raised in an Earlier Proceedings.
II. The Petit… |
| 19-5224 |
Lee Chang v. Wisconsin |
Wisconsin |
2019-07-17 |
Denied |
Response WaivedIFP |
brady-violation due-process evidence evidence-translation evidentiary-hearing fair-trial fundamental-fairness ineffective-assistance ineffective-assistance-of-counsel law-enforcement sixth-amendment |
Was Recorded Evidence By Law Enforcement and Presented By The Prosecutor Given In
A Timely Manner As Well As Can It Be Considered A Brady Violation D… |
| 19-5067 |
Jimmie Darnell Dixon v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-07-05 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure criminal-procedure-insanity-defense-due-process-si due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel insanity-defense insufficient-evidence |
QUESTION 1. Whether The Lower Court Erred Denying COA on The Claim Of Insufficient Evidence Where Petitioner Sufficiently Proved By A Preponderance Of… |
| 19-35 |
Brandon Lee Mojica v. United States |
Eleventh Circuit |
2019-07-03 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
circuit-review criminal-procedure due-process evidentiary-hearing federal-statute habeas-corpus heightened-pleading post-conviction-relief sentencing standard-of-proof united-states-v-davis |
1. Whether the Court should grant, vacate, and remand this case to the Eleventh Circuit for reconsideration in light of United States v. Davis, 2019 W… |
| 19-5012 |
Frank Sarcona v. United States |
Eleventh Circuit |
2019-07-01 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-issues constitutional-rights due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel procedural-bar prosecutorial-misconduct |
1. Did the District Court and the Court of Appeals for the 11th Circuit err in relying on procedural bar instead of relying on the underlying constitu… |
| 18-9715 |
Johnny Curtis Bedgood v. United States |
Eleventh Circuit |
2019-06-18 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure critical-stage evidentiary-hearing fourth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining pre-trial-counsel section-2255 sentencing sentencing-enhancements |
WHETHER THE US DISTRICT COURT ABUSED ITS DISCRETION FOR FAILURE TO CONDUCT [A]N EVIDENTIARY HEARING PURSUANT TO 28 SECTION 2255(b) IN LIGHT OF A FACTU… |
| 18-9690 |
Curt M. Lockett v. Florida |
Florida |
2019-06-17 |
Denied |
Response WaivedIFP |
abuse-of-writ actual-innocence carrier-standard constitutional-claims due-process evidentiary-hearing federal-review habeas-corpus innocence-claim post-conviction-review procedural-error successive-petitions |
Q1: Should a habeas petitioner's claims of actual innocence, supported by the face of the court record, be subject to deference of abusive or successi… |
| 18-9665 |
Alejandro Hernandez-Delgado v. California |
California |
2019-06-13 |
Denied |
Response RequestedRelisted (2)IFP |
criminal-procedure due-process evidence-code evidentiary-hearing fourteenth-amendment juror-bias juror-misconduct jury-deliberations racial-bias racial-stereotypes sixth-amendment |
What fact-finding procedures are required by the Sixth and Fourteenth Amendments when a defendant makes a threshold showing that a juror relied on rac… |
| 18-9525 |
Mark A. Harris v. Suzanne M. Peery, Warden |
Ninth Circuit |
2019-06-03 |
Denied |
Response WaivedIFP |
credibility credibility-determination criminal-procedure-ineffective-assistance-of-couns evidentiary-hearing habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel parole-eligibility plea-bargaining strickland-standard strickland-v-washington |
Extending Strickland v. Washington's general prejudice standard for ineffective assistance of counsel claims to ineffective assistance of counsel stem… |
| 18-9412 |
Amin A. Rashid v. United States |
Third Circuit |
2019-05-24 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-act criminal-act-concealment due-process evidentiary-hearing exoneration fundamental-defect judicial-misconduct mail-fraud miscarriage-of-justice neutral-judge section-2255 standing |
Whether Undisputed Evidence Suggesting That The Trial Judge Was Acting To Conceal A Criminal Act Committed By Prior Judges In The Case Which Act If Ad… |
| 18-9329 |
Sean M. Barnhill v. United States |
Sixth Circuit |
2019-05-17 |
Denied |
Response WaivedIFP |
appellate-standard certificate-of-appealability civil-procedure due-process evidentiary-hearing habeas-corpus judicial-procedure pro-se-petition section-2255 sixth-amendment sixth-circuit-review standard-of-review |
Did the Sixth Circuit err by exceeding the scope of the COA analysis when it re-adjudicated the merits of pro se petitioner's § 2255, and then denied … |
| 18-9256 |
Zeeshan Khalid Syed v. United States |
Sixth Circuit |
2019-05-15 |
Denied |
Response WaivedIFP |
affidavit certificate-of-appealability civil-procedure civil-rights counsel-affidavit court-discretion due-process evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel pro-se reasonableness-of-counsel standing waiver waiver-doctrine writ-of-certiorari |
Q1. When a pro-se files for a COA and discuss his claim extensively in his argument, can the Court construe the issue as being waived?
Q2. When the C… |
| 18-9293 |
Eugene Cooper v. Florida |
Florida |
2019-05-15 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights due-process evidentiary-hearing federal-constitutional-rights newly-discovered-evidence postconviction-relief right-to-counsel trial-court-discretion |
Whether the trial court erred and abused its discretion in denying Mr. Cooper's 3.850 (b) (1)Motion for Postconviction relief based on Newly Discovere… |
| 18-1393 |
William T. Walters v. United States |
Second Circuit |
2019-05-07 |
Denied |
|
criminal-procedure evidentiary-hearing grand-jury-secrecy presumption-of-prejudice prosecutorial-misconduct rule-6(e) rule-6e-violation structural-error |
1. Whether systematic and pervasive government misconduct that violates Federal Rule of Criminal Procedure 6(e) is structural error giving rise to a p… |
| 18-9163 |
Phillip L. Horrell v. Michael D. Downey, Sheriff, Kankakee County, Illinois |
Seventh Circuit |
2019-05-06 |
Denied |
Response WaivedIFP |
actual-innocence brady-violation civil-rights due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel standing voluntary-plea |
Question not identified. |
| 18-9084 |
Edward JoRodge Gladney v. United States |
Fifth Circuit |
2019-05-02 |
Denied |
Response WaivedIFP |
criminal-procedure diminished-capacity due-process evidentiary-hearing expert-testimony ineffective-assistance ineffective-assistance-of-counsel mental-capacity plea-bargaining plea-voluntariness sentencing sentencing-mitigation |
I. Whether the district court erred or abused its discretion by failing to hold an evidentiary hearing after grant of COA on contested factual allegat… |
| 18-9053 |
Paul William Hilton v. United States |
Sixth Circuit |
2019-05-01 |
Denied |
Response WaivedIFP |
civil-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance post-conviction-relief standing title-28-usc-2255 |
Whether the Petitioner is entitled to an evidentiary hearing pursuant to Title 28 U.S.C. § 2255, when reasonable jurists have already determined, the … |
| 18-9028 |
Lochild Reed v. James Flood, Jr., Acting Warden, et al. |
Fourth Circuit |
2019-04-30 |
Denied |
Response WaivedIFP |
brady-violation constitutional-violations due-process evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel ineffective-counsel post-conviction-proceedings post-conviction-relief structural-error structural-errors |
Did the District Court err by not granting an evidentiary hearing to address Seventeen (17) Constitutional Violations of gross structural errors?
Did… |
| 18-9048 |
Brian Boykins v. Robert Napel, Warden |
Sixth Circuit |
2019-04-30 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof civil-rights criminal-procedure due-process evidentiary-hearing federal-court right-to-counsel standard-of-review standing trial-court-record |
1. WHERE A FEDERAL COURT MUST GRANT AN EVIDENTIARY HEARING AND DENIES, IS THAT ERROR?
2. IN A SHOW CAUSE HEARING TRIAL COURT DEEMED IT NECESSARY FOR … |
| 18-8997 |
Troy Williams v. Florida |
Florida |
2019-04-25 |
Denied |
Response WaivedIFP |
brady-violation constitutional-error constitutional-rights criminal-procedure due-process evidentiary-hearing judicial-procedure legal-standard post-conviction-relief |
The Post Conviction Court erred when it failed to conduct an evidentiary hearing on Petitioner's Motion for Post Conviction Relief based upon a "Brady… |
| 18-8961 |
Dion Thomas v. United States |
Eighth Circuit |
2019-04-23 |
Denied |
Response WaivedIFP |
abuse-of-discretion blackledge-v-allison civil-rights district-court due-process evidentiary-hearing evidentiary-hearing-discretion habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ins-v-phinpathya plea-bargaining plea-negotiations rose-v-lundy sixth-amendment standing unsworn-statements |
QUESTION # ONE: Whether the District Court abused it's discretion by failing to conduct an evidentiary hearing by relying upon the unsworn statements … |
| 18-8972 |
Wardell Nelson Joiner, Jr. v. John Sutton, Warden |
Ninth Circuit |
2019-04-23 |
Denied |
Response WaivedRelisted (2)IFP |
actual-innocence constitutional-error due-process evidentiary-hearing fair-trial false-evidence forensic-evidence habeas-corpus schlup-standard schlup-v-delo time-of-death wrongful-conviction |
Did the courts below err in applying this Court's decision in Schiup v. Delo to hold that Petitioner's compelling new evidence, though presenting at t… |
| 18-1332 |
Mario Alberto Recinos v. Board of Trustees, Police and Firemen's Retirement System |
New Jersey |
2019-04-22 |
Denied |
Response Waived |
administrative-law arbitrary-and-capricious arbitrary-capricious-decision break-in-service civil-rights constitutional-rights due-process evidentiary-hearing pension pension-benefits pension-rights police-and-fireman-retirement-system retirement-benefits retirement-system undersheriff-position |
1)
Should certiorari be granted as an important
question of federal law that should be settled by
this Court exists as the petitioner Mario Alberto
Re… |
| 18-8942 |
Jeffrey Akard v. Robert E. Carter Jr., Commissioner, Indiana Department of Correction |
Seventh Circuit |
2019-04-22 |
Denied |
Response WaivedIFP |
412-Rape-Shield-law-conflict Brady-materials brady-violation due-process evidence-suppression evidentiary-hearing exculpatory-evidence Fifth-Amendment-Due-Process habeas-corpus habeas-relief impeaching-evidence ineffective-assistance ineffective-assistance-of-counsel rape-shield-law sentencing-claims strickland-standards |
Was Petitioner's 94 year sentence for rape related charges, based only on accuser's testimony, in violation of Fifth Amendment Due Process rights warr… |
| 18-8812 |
James Barr v. Josh Shapiro, Attorney General of Pennsylvania, et al. |
Third Circuit |
2019-04-12 |
Denied |
IFP |
civil-rights due-process equal-protection evidentiary-hearing preliminary-injunction race racial-discrimination standing |
L e frQ( (cz'cI &rwit w 7 4
pe o~ Ae,:::~Werrmy
/ 4 e d7-4 fi0i aglg~-d
/-;P/J ,k,54 ~ I -
OF JIV z i ~d jo /1
pe,i-lmer~5 / I
do Jci/7'
t-7 CL… |
| 18-8796 |
Larry Junior Copeland, aka La-La v. United States |
Fourth Circuit |
2019-04-11 |
Denied |
Response WaivedIFP |
certificate-of-appealability evidentiary-hearing fair-sentencing-act first-step-act habeas-corpus procedural-default retroactivity sentencing-discretion |
This Court holds that when a habeas petitioner alleges facts that are outside the courtroom, and if proven, those facts entitle a petitioner to relief… |
| 18-8630 |
Joseph Christopher Birdtail v. United States |
Ninth Circuit |
2019-03-29 |
Denied |
Response WaivedIFP |
criminal-procedure discovery due-process evidentiary-hearing federal-rules-of-civil-procedure habeas-corpus habeas-proceedings ineffective-assistance-of-counsel plea-agreement plea-bargaining plea-withdrawal section-2255 |
Is it error for a district court to deny either discovery proceedings or an evidentiary hearing under the Federal Rules Governing Section 2255 Proceed… |
| 18-8621 |
Roummel Ingram v. John Prelesnik, Warden |
Sixth Circuit |
2019-03-29 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel public-trial sixth-amendment sixth-circuit |
Whether Mr. Ingram is entitled to a new trial, or alternatively a full evidentiary hearing, because his trial and appellate counsel rendered constitut… |
| 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… |
| 18-8485 |
In Re Michael David Hower |
|
2019-03-22 |
Denied |
Response WaivedIFP |
28-usc-2255 constitutional-rights due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review mandamus massaro-v-united-states plea-coercion prohibition |
1. Is the petitioner entitled to immediate relief, including mandamus or prohibition from this Court, to protect his constitutional and statutory righ… |
| 18-1197 |
Deanna Brookhart, Acting Warden v. Anthony D. Lee, Sr. |
Seventh Circuit |
2019-03-14 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
2254-standard 28-usc-2254 affidavit-evidence evidentiary-hearing federal-habeas-review federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel reasonable-probability state-court-determination state-postconviction-review |
Respondent claimed on state postconviction review that his counsel was ineffective for failing to investigate and call five witnesses at his state-cou… |
| 18-8430 |
Juan Bosco Alvarez v. Debbie Asuncion, Warden |
Ninth Circuit |
2019-03-14 |
Denied |
Response WaivedIFP |
28-usc-2254 aedpa constitutional-claim due-process evidentiary-hearing federal-court federal-review habeas-corpus state-court state-court-rules supreme-court-precedent |
In Brumfield v. Cain, 135 S. Ct. 2269, 2276, 2282 (2015), this Court made clear that 28 U.S.C § 2254(d)(2) is satisfied when a state court denies an e… |
| 18-8386 |
Michael Apelt v. Charles L. Ryan, Director, Arizona Department of Corrections |
Ninth Circuit |
2019-03-12 |
Denied |
Amici (1)IFP |
capital-punishment capital-sentencing evidentiary-hearing fact-finding federal-habeas federal-habeas-corpus habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-illness mental-impairment prejudice strickland-standard strickland-v-washington |
When determining if a capital defendant was prejudiced by counsel's deficient performance during state sentencing, whether the federal court may bypas… |
| 18-8364 |
James D. Sullivan v. United States |
Sixth Circuit |
2019-03-11 |
Denied |
Response WaivedIFP |
child-pornography criminal-procedure evidence-rule-414 evidentiary-hearing federal-rules-of-evidence grand-jury plea-agreement plea-withdrawal prosecutorial-discretion rule-104 rule-414 |
In a prosecution of a child pornography case under Title 18 U.S.C., Chapter 110, the government may seek to admit evidence of prior similar acts under… |
| 18-8345 |
Gary Lakey v. United States |
Eleventh Circuit |
2019-03-08 |
Denied |
Response WaivedIFP |
2255-motion appellate-review certificate-of-appealability due-process eleventh-circuit evidentiary-hearing habeas-corpus indictment judicial-procedure jurisdiction |
Question #1 - Did the Eleventh Circuit decide an appeal without jurisdiction when it denied a Certificate of Appealability (COA) on all issues on the … |
| 18-8338 |
Anthony T. Jackson v. Illinois |
Illinois |
2019-03-08 |
Denied |
IFP |
appellate-review constitutional-violations criminal-procedure due-process due-process,standing,criminal-procedure,evidence,p evidentiary-hearing fourth-amendment ineffective-assistance-of-counsel post-conviction wrongful-conviction |
Is the Illinois Statute effecting Post-Conviction relief to conduct an evidentiary hearing for the facts a unconstitutional denial Due Process under t… |
| 18-8316 |
Ricardo Guerrero v. United States |
Fifth Circuit |
2019-03-07 |
Denied |
Response WaivedIFP |
brady-materials criminal-justice-act evidentiary-hearing evidentiary-hearings expert-services habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-rights rule-5(b) section-3500(b) trial-counsel |
THE PROVISIONS OF THE HABEAS CORPUS STATUTE AT RULE 5(b), MANDATES ANSWER TO ALLEGATIONS PRESENTED THE GOVERNMENT'S FAILURE TO ADDRESS THE ISSUE ALLOW… |
| 18-8263 |
LaVaughn Weatherly v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-03-04 |
Denied |
Response WaivedIFP |
§2253(c)(2) conflict-of-circuit-decisions constitutional-rights district-court-denial due-process evidentiary-hearing failure-to-investigate habeas-corpus hohn-v-us ineffective-assistance ineffective-assistance-of-counsel judicial-review misadvise |
On a matter of great importance was the U.S. District Court for the Northern District of Florida in "Weatherly V. Jones, 315 -conviction-365-LC/CAS an… |
| 18-8260 |
Kenton Deon Harrell v. United States |
Fifth Circuit |
2019-03-04 |
Denied |
Response WaivedIFP |
administrative-law civil-procedure civil-rights constitutional-claim criminal-procedure due-process equal-protection evidentiary-hearing free-speech habeas-corpus ineffective-assistance post-conviction-relief standing statutory-interpretation takings |
This Court's holding and 28 U.S.C. § 2255(b) require a § 2255 court to conduct an evidentiary hearing unless the record and filings conclusively prove… |
| 18-8231 |
Alvin Stanley Briggs, Jr. v. United States |
Eighth Circuit |
2019-03-01 |
Denied |
Response WaivedIFP |
appellate-review constitutional-review counsel-claim court-of-appeals criminal-procedure district-court due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
WIETHER THE COURT OF APPEALS ERRED IN AFFIRMING THE
DISTRICT COURT'S DENIAL OF PETITIONER'S INEFFECTIVE
ASSISTANCE OF COUNSEL C LAIM.
WHETHER THE DIS… |
| 18-8193 |
Ada Albors Gonzalez v. William M. Stern, et al. |
Florida |
2019-02-28 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review court-discretion due-process evidentiary-hearing fla-r-civ-p-1-540b legal-malpractice procedural-rights sovereign-powers statute-of-limitations void-or-voidable-orders void-orders |
Whether the State of Florida court abuse its discretion by decision of denial on Petitioner's legal malpractice cause of action on the statute of limi… |
| 18-8189 |
Martin Tovar v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility |
Seventh Circuit |
2019-02-28 |
Denied |
Response WaivedIFP |
confrontation confrontation-clause constitutional-rights due-process evidentiary-hearing federal-precedent habeas-corpus habeas-corpus-petition ineffective-assistance ineffective-assistance-of-counsel post-conviction |
Ground One: Whether (a) The Indiana Southern District Court erred in ruling Petition for Writ of Habeas Corpus was time barred and (b) Seventh Circuit… |
| 18-8168 |
Billy Long v. Pennsylvania |
Pennsylvania |
2019-02-27 |
Denied |
Response WaivedIFP |
due-process evidentiary-hearing guilty-plea habeas-corpus hearing-requirement ineffective-assistance-of-counsel material-fact plea-bargaining plea-withdrawal post-conviction-relief procedural-error withdrawal-of-plea |
WHETHER THIS COURT SHOULD VACATE AND REMAND FOR A HEARING WHERE THE LOWER COURT ERRED IN DISMISSING MR. LONG'S AMENDED PCRA PETITION WITHOUT A HEARING… |
| 18-8131 |
Adelfo Pamatmat v. United States |
Sixth Circuit |
2019-02-26 |
Denied |
Response WaivedIFP |
constitutional-rights drug-quantity evidentiary-hearing ineffective-assistance procedural-reasonableness sentencing-guidelines sixth-amendment sixth-circuit strickland-standard strickland-v-washington trial-counsel |
I. WHETHER PETITIONER RECEIVED THE EFFECTIVE REPRESENTATION OF TRIAL COUNSEL WHEN COUNSEL FAILED TO PROPERLY INVESTIGATE THE CASE AND THE SIXTH CIRCUI… |
| 18-8108 |
Michael Bush v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-02-22 |
Denied |
IFP |
14th-amendment 5th-amendment constitutional-rights due-process evidentiary-hearing fifth-amendment fourteenth-amendment post-conviction-hearing postconviction postconviction-hearing trial-transcript |
Did the failure of the State of Florida to provide Mr. Bush with a complete copy of his trial transcript to be used in a postconviction evidentary hea… |
| 18-8115 |
Kenny Daniel Barrios v. United States |
Eighth Circuit |
2019-02-22 |
Denied |
Response WaivedIFP |
28-usc-2255 certificate-of-appealability evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-guidelines sixth-amendment type-c-plea |
Whether the failure of counsel to object to inaccurate calculated Sentencing Guidelines is ineffective assistance of counsel, as provided under the Si… |
| 18-8024 |
Alex Rodriguez v. New Jersey |
New Jersey |
2019-02-19 |
Denied |
Relisted (3)IFP |
constitutional-rights counsel-representation criminal-procedure due-process effective-assistance evidentiary-hearing guilty-plea new-jersey-constitution plea-bargaining pre-trial-preparation pretrial-preparation right-to-counsel sexual-offense sixth-amendment |
THE DEFENDANT WAS DENIED THE RIGHT TO EFFECTIVE ASSISTANCE OF TRIAL COUNSEL AS GUARANTEED BY THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND… |
| 18-7975 |
William Krisstofer Wolf v. United States |
Ninth Circuit |
2019-02-14 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights due-process evidentiary-hearing fifth-amendment ineffective-assistance ineffective-assistance-of-counsel perjury perjury-subornation prosecutorial-misconduct sixth-amendment |
Whether the Ninth Circuit's decision now conflicts with this courts long standing rulings on the known and willing. use of PERJURY of material fact, t… |
| 18-7901 |
Darrius DaJuan Cohee v. James Yates, Warden |
Tenth Circuit |
2019-02-11 |
Denied |
IFP |
abuse-of-discretion conflict-of-interest constitutional-rights due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief right-to-appeal |
Was Petitioner's Counsel Ineffective For Failing To File Petitioner's Motion To Withdraw Guilty Plea After Petitioner Specifically Requested For Couns… |
| 18-7888 |
Furn-Lee Salomon v. Patrick Nogan, Administrator, East Jersey State Prison, et al. |
Third Circuit |
2019-02-11 |
Denied |
IFP |
constitutional-safeguards criminal-procedure cumulative-error due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel passport-fraud pre-trial-investigation prejudicial-testimony pretrial-investigation strategic-decision strickland-standard strickland-v-washington trial-counsel witness-testimony |
WAS TRIAL COUNSEL INEFFECTIVE FOR FAILING TO CONDUCT ANY PRETRIAL INVESTIGATIONS TO AT LEAST INTERVIEW POTENTIAL WITNESSES THAT COULD HAVE SUPPORTED P… |
| 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… |
| 18-7760 |
Geoffrey A. Gish v. United States |
Eleventh Circuit |
2019-02-05 |
Denied |
Response WaivedIFP |
§-2255-motion appellate-review certificate-of-appealability due-process evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel merits-assessment plea-bargaining procedural-default statute-constitutionality subject-matter-jurisdiction |
Question 1
This Court held that a court of appeals exceeds its subject-matter jurisdiction when the appellate court bypasses the certificate of appea… |
| 18-7656 |
Armando Garcia v. United States |
Eleventh Circuit |
2019-01-30 |
Denied |
Response WaivedIFP |
aedpa certificate-of-appealability coa coa-standard due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rule-60b |
I. Whether a District court deprives a habeas corpus petitioner of his Constitutional rights to Due Process when the Court:
Overlooks and fails to add… |
| 18-7644 |
Carlos Benitez v. James Key, Superintendent, Airway Heights Corrections Center |
Ninth Circuit |
2019-01-29 |
Denied |
Response WaivedIFP |
appellate-review conflict-of-interest constitutional-provisions criminal-procedure due-process effective-counsel evidentiary-hearing habeas habeas-corpus legal-claim right-to-counsel sixth-amendment standard-of-appealability standard-of-review |
Did trial counsel have a conplict of interest by simulttanecusly representing Me. Benitez and a defense witness, violating Mir. Benitez's Sixth Amendm… |
| 18-7531 |
John Paul Galbraith v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-23 |
Denied |
IFP |
18-usc-3006a 28-usc-2254-rule-8 appeal appointment-of-counsel circuit-justice criminal-justice-act criminal-justice-act-of-1964 due-process evidentiary-hearing indigent-prisoner right-to-counsel |
The following questions effect prisoner's nationally:
Whether, after an indigent prisoner is granted appeal, a circuit justice has the descretion to… |
| 18-7439 |
Gregory M. Ward v. United States |
Fifth Circuit |
2019-01-16 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
appeal-preservation appeal-rights due-process evidence-hearing evidentiary-hearing guilty-plea ineffective-assistance motion-to-suppress plea-bargaining sixth-amendment trial-counsel |
Petitioner contends that his trial counsel, Eddie Jordan, was ineftective because he: erroneously advised Petitioner that, by pleading guilty without … |
| 18-7431 |
Teddrick Batiste v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-15 |
Denied |
IFP |
28-usc-2254 death-penalty due-process evidentiary-hearing habeas-corpus ineffective-assistance organic-brain-damage procedural-bar state-court-deference wilson-v-sellers |
The post-conviction state court process in Batiste's case was inadequate for ascertaining the truth and lacked critical components of an adjudication … |
| 18-7367 |
Darwin Markeith Huggans v. United States |
Eighth Circuit |
2019-01-10 |
Denied |
Response WaivedIFP |
case-review counsel-advice criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel judicial-review lee-v-united-states legal-standard misinformation sixth-amendment |
In light of this court's decision in Lee v. United States, 198 L. Ed. 2d 476 (2017) was the lower court required to address an evidentiary hearing whe… |
| 18-7314 |
Deontae Thomas v. Florida |
Florida |
2019-01-08 |
Denied |
IFP |
civil-procedure due-process evidentiary-hearing judicial-bias newly-discovered-evidence standing summary-judgment |
Whether Procidura Due Prociss of LeW
Mandated An Evidentiary htaring
On
Newly DisLovered Evidincd Claim.
Petitioner was denied A detached
3Y34m
Whethe… |
| 18-848 |
Courtney Valle Bisbee v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2019-01-04 |
Denied |
|
actual-innocence certificate-of-appealability constitutional-claims evidentiary-hearing habeas-corpus habeas-review ineffective-assistance ineffective-assistance-of-counsel jury-trial sixth-amendment |
1. Where a state trial judge summarily rejected,
without a hearing, Petitioner's claim that counsel
was ineffective because he induced Petitioner to
w… |
| 18-7164 |
Nathan Daniel Knuth v. Randall C. Arp, Judge, District Court for the First Judicial District of Colorado, et al. |
Colorado |
2018-12-21 |
Denied |
Response WaivedIFP |
appeal appellate-review civil-procedure constitutional-rights dismissal due-process evidentiary-hearing judicial-discretion procedural-fairness standing waiver |
Whether the Colorado Court of Appeals violated Mr. Knuth's constitutional rights to due process when it "struck" his opening brief and dismissed the a… |
| 18-7120 |
Carlos Zuniga Hernandez v. United States |
Fifth Circuit |
2018-12-19 |
Denied |
Response WaivedIFP |
abuse-of-discretion civil-procedure civil-procedure-rule-60-d constitutional-right district-court due-process evidentiary-hearing gonzalez-v-crosby rule-60-motion rule-60(d) standing successive-claim |
Whether a Rule 60(d) motion challenging only the District Court's failure to hold an evidentiary hearing presents a successive claim within the meanin… |
| 18-7117 |
Charles J. Mayberry v. Michael A. Dittman, Warden |
Seventh Circuit |
2018-12-19 |
Denied |
Response WaivedIFP |
civil-rights due-process equitable-tolling evidentiary-hearing extraordinary-circumstances habeas-corpus holland-v-florida mental-incompetency statute-of-limitations |
Whether the opinion of the Seventh Circuit Court of Appeals contravenes this Court's precedent in Holland v. Florida, 560 U.S. 631 (2010), by ruling t… |
| 18-7063 |
In Re Charles A. Dread |
|
2018-12-17 |
Denied |
Relisted (3)IFP |
civil-procedure civil-rights constitutional-rights due-process evidentiary-hearing official-responsibility qualified-immunity racial-discrimination standing summary-judgment |
Was the Trial Court's denial of the Appellant's Motion for Summary Judgment and the Request for Hearing without granting the Appellant a Hearing he re… |
| 18-7039 |
Alexander Ndaula v. United States |
First Circuit |
2018-12-17 |
Denied |
Response WaivedIFP |
18-usc-3553 5th-amendment 6th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidentiary-hearing loss-amount sentencing sentencing-enhancement statutory-interpretation |
The 5th & 6th amendments to the Constitution guarantee fairness in criminal proceedings to the accused. When the verification of a sentence enhancemen… |
| 18-7035 |
Eminiano A. Reodica v. United States |
Ninth Circuit |
2018-12-14 |
Denied |
Response WaivedIFP |
criminal-procedure district-court evidentiary-hearing federal-rules-of-criminal-procedure guilty-plea motion-to-withdraw plea-withdrawal rule-11 |
Whether Federal Rule of Criminal Procedure 11(d) governing motions to
withdraw a guilty plea establishes a liberal standard which precludes the
distri… |
| 18-6875 |
Kendall Thrift v. United States |
Ninth Circuit |
2018-11-29 |
Denied |
Response WaivedIFP |
affidavit circuit-conflict circuit-split criminal-procedure evidentiary-hearing false-statements franks-hearing franks-v-maryland magistrate-judge ninth-circuit omissions search-and-seizure substantial-showing warrant-challenge |
Whether the Court should grant certiorari because the Ninth Circuit's decision that defendant Kendall Thrift had not made a substantial preliminary sh… |
| 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… |
| 18-6802 |
Patrick Kitlas v. F. B. Haws, Warden |
Ninth Circuit |
2018-11-26 |
Denied |
IFP |
actual-reason actual-reasons batson-challenge batson-v-kentucky due-process equal-protection evidentiary-hearing jury-selection ninth-circuit peremptory-strike prosecutor-reasons prosecutorial-discretion racial-discrimination |
Batson v. Kentucky, 476 U.S. 79 (1986) requires prosecutors to provide their actual reasons for striking jurors. The prosecutor here provided reasons … |
| 18-6647 |
Kiran Sharma v. United States |
Fifth Circuit |
2018-11-09 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights due-process evidentiary-hearing forfeiture forfeiture-restitution ineffective-assistance-of-counsel mandatory-victim-restitution-act plea-agreement restitution statutory-interpretation third-party-beneficiary trust-corpus |
Does the language in the Mandatory Victim Act (MVRA) 18 USCS 3663A, and 21 USCS 853(a), and this court's opinions in Hughey v. United States, 495 US 4… |
| 18-6625 |
Darnell Bernard Blagmon v. Virginia |
Virginia |
2018-11-09 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-rights due-process evidentiary-hearing federal-constitution recantation state-court state-court-procedure witness-recantation writ-of-innocence |
Virginia law provides for filing of a Petition for Writ of Actual Innocence (Va. Code Ann. § 19.2-327.10 (West)) in Virginia state court. Petitioner f… |
| 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… |
| 18-6568 |
Harold Max Pompee v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-11-05 |
Denied |
IFP |
competence competency constitutional-rights criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance-of-counsel right-to-competence |
Defendants have a right to be competent at all stages of criminal proceedings. Because defense counsel has the most exposure to the defendant, the pri… |
| 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… |
| 18-6494 |
Terrance Johnson v. United States |
Eleventh Circuit |
2018-10-30 |
Denied |
Response WaivedIFP |
abuse-of-discretion civil-procedure discretionary-review district-court due-process evidentiary-hearing habeas-corpus judicial-procedure motion-to-reopen post-conviction-relief rule-60(b) rule-60b section-2255 standard-of-review |
In 2013, the district court applied an incorrect legal standard when denying Terrance Johnson's §2255. In 2016, Mr. Johnson sought to reopen the §2255… |
| 18-6465 |
Jose Ricardo Yanez v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2018-10-26 |
Denied |
IFP |
aedpa-statute-of-limitations antiterrorism-and-effective-death-penalty-act certificate-of-appealability equitable-tolling evidentiary-hearing ineffective-assistance-of-counsel ninth-circuit-review ongoing-investigations pro-se pro-se-petition statute-of-limitations |
WHETHER AN ALTERNATE TRIGGERING DATE OF THE ANTITERRORISM
AND EFFECTIVE DEATH PENALTY ACT OF 1996'S 1-YEAR STATUTE OF
LIMITATIONS, AND EQUITABLE TOLLI… |
| 18-6455 |
Ronnie McGee v. Pam Bondi, Attorney General of Florida |
Eleventh Circuit |
2018-10-26 |
Denied |
Response WaivedIFP |
28-usc-2244 district-court-review due-process evidentiary-hearing federal-courts federal-habeas gonzalez-v-crosby habeas-corpus section-2254 statutory-interpretation |
WHEN A DISTRICT COURT MISCONSTRUES A § 2254 CLAIM AND/OR FAILS TO CONSIDER OR PROPERLY CONSIDER MATERIAL EVDIENCE SUBMITTED TO SUPPORT A CLAIM, DOES T… |
| 18-6430 |
Kinzie Decarlos Thomas v. United States |
Eleventh Circuit |
2018-10-25 |
Denied |
Response WaivedIFP |
28-usc-2255 alibi-defense appellate-review district-court evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel off-the-record off-the-record-facts procedural-default section-2255 statutory-interpretation |
Federal statute and this Court's rulings provide that a district court must grant an evidentiary hearing when material facts are contested, and those … |
| 18-6416 |
Briand Williams v. California |
California |
2018-10-24 |
Denied |
Response WaivedIFP |
appellate-record due-process equal-protection evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel plea-agreement plea-bargain registration-requirements sentencing transcripts |
Is a Plea Agreement considered to be terminated or full-filled fifteen (15) years later upon the destruction or lost of the actual sentencing plea agr… |
| 18-493 |
Rose J. Spano v. The Florida Bar |
Florida |
2018-10-17 |
Denied |
|
14th-amendment 5th-amendment bar-disciplinary-proceedings constitutional-rights cross-examination due-process evidentiary-hearing liberty-interest property-interest |
Petitioner, Rose Spano, questions the constitutionality of the Florida Supreme Court's decision to deny the Petitioner a right to an evidentiary heari… |
| 18-6330 |
Jose Arnaldo Rodrigues v. Ron Davis, Warden |
Ninth Circuit |
2018-10-16 |
Denied |
IFP |
civil-rights due-process evidentiary-hearing fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel sixth-amendment standing |
Whether federal habeas review of a silent state court denial of
competency-related habeas claims must consider the state court's
appellate opinion on … |
| 18-6320 |
Timothy Joseph McGhee v. Ron Davis, Warden |
Ninth Circuit |
2018-10-15 |
Denied |
Response WaivedRelisted (2)IFP |
certificate-of-appealability constitutional-review evidentiary-hearing habeas-corpus habeas-review ineffective-assistance-of-counsel pre-trial-investigation reasonable-investigation strickland-prejudice strickland-prejudice-standard strickland-standard unreasonable-factual-findings unreasonable-findings-of-fact |
(1) Defense attorneys must conduct reasonable investigations . Out of twenty one potential witnesses, trial counsel only interviewed McGhee and his fr… |
| 18-6278 |
John Martin, Sr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-10-10 |
Denied |
IFP |
confrontation-clause constitutional-rights due-process evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel sixth-amendment speedy-trial unreasonable-determination-of-facts |
1. Where the constitutional issues raised was to the degree that should have been debatable among jurist of reason, and were not lacking any factual b… |
| 18-6261 |
Ilich Vargas, aka Ilich Ernesto Vargas Romero v. John McMahon |
Ninth Circuit |
2018-10-09 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-rights due-process evidentiary-hearing habeas-corpus judicial-discretion judicial-misconduct pro-se pro-se-petition procedural-due-process prosecutorial-misconduct standing |
1. WHETHER A DISTRICT COURT MAGISTRATE ACTS IN EXCESS OF HER DISCRETION AND OUTSIDE THE BOUNDS OF REASON DURING THE INITIAL SCREENING OF THE PLEADING … |
| 18-6247 |
Roy Parker v. Burl Cain, Warden |
Fifth Circuit |
2018-10-09 |
Denied |
IFP |
6th-amendment competency conflict-of-interest constitutional-provisions due-process evidentiary-hearing ineffective-assistance-of-counsel right-to-testify sixth-amendment |
1). Did Petitioner receive the effective assistance of counsel as guaranteed by the Amendment to the United States Co,wtithl.ion 4ien trial counsel al… |
| 18-6240 |
Darryl Johnson v. United States |
Second Circuit |
2018-10-09 |
Denied |
Response WaivedIFP |
appeal-rights constitutional-error due-process evidentiary-hearing guilty-plea habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel plea-bargaining sentencing |
Was Petitioner's guilty plea sustained in violation of due process warranting habeas relief where the district court failed to advise the petitioner c… |
| 18-6214 |
Ricardo Rene Sanders v. Ron Davis, Warden |
Ninth Circuit |
2018-10-04 |
Denied |
Amici (1)IFP |
brady-violation brady-violations california-habeas cullen-v-pinholster death-row eighth-amendment evidentiary-hearing federal-habeas habeas-corpus materiality materiality-test ninth-circuit prima-facie-case prosecutorial-misconduct |
1. Whether this Court should clarify that under Harrington v. Richter, 562 U.S. 86, 98 (2011), when the federal habeas courts evaluate the summary den… |
| 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… |
| 18-6090 |
Eric Williams v. Pennsylvania |
Pennsylvania |
2018-09-25 |
Denied |
Response WaivedIFP |
actual-innocence appellate-procedure criminal-procedure due-diligence due-process evidentiary-hearing habeas-corpus post-conviction-relief recantation recantation-evidence witness-recantation |
DID THE PENNSYLVANIA SUPERIOR COURT AND COMMON PLEAS COURT ABUSE THEIR DISCRETION BY DENYING WILLIAMS AN EVIDENTIARY HEARING TO REVIEW THE MERITS OF H… |
| 18-5980 |
Shelton Denoria Jones v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-09-14 |
Denied |
IFP |
28-U.S.C-2254(e)(2) 28-usc-2254 diligence evidentiary-hearing factual-basis fair-trial federal-court federal-procedure fourteenth-amendment habeas-corpus sixth-amendment state-court state-court-review |
(1) In a federal habeas corpus proceeding where the state court did not hold a hearing or receive evidence to adjudicate facts on a claim, has the hab… |
| 18-5971 |
Donavan T. Fortin v. Brad Cain, Superintendent, Snake River Correctional Institution |
Ninth Circuit |
2018-09-13 |
Denied |
Response WaivedIFP |
actual-innocence due-process estelle-v-mcguire evidentiary-hearing federal-courts habeas-corpus habeas-corpus-principles judicial-review ninth-circuit state-court state-law state-law-interpretation williams-v-taylor |
Whether the Ninth Circuit's decision, which interpreted state law contrary to the state court's ruling, conflicts with Estelle v. McGuire, 502 U.S. 62… |
| 18-5953 |
Antowan Thorne v. United States |
Fourth Circuit |
2018-09-12 |
Denied |
Response WaivedIFP |
certificate-of-appealability district-court-error due-process evidentiary-hearing franks-hearing ineffective-assistance ineffective-assistance-of-counsel motion-for-new-trial new-trial search-suppression sixth-amendment witness-testimony |
SHOULD WRIT OD CERTIORARI BE GRANTED TO REVIEW IF THE DISTRICT COURT ERRED IN DENYING THE MOTION FOR NEW TRIAL OR EVIDENTIARY HEARING WHEN COUNSEL FAI… |
| 18-5949 |
Charles Litton Morris v. Julie L. Jones, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2018-09-12 |
Denied |
Response WaivedIFP |
2254-d-1-2 appointment-of-counsel brady-strickland-constitutional-claims claims-ignored constitutional-violation district-court-failure due-process evidentiary-hearing habeas-corpus insufficient-evidence judicial-bias personal-jurisdiction plea-validity subject-matter-jurisdiction supremacy-clause supremacy-clause-conflict-preemption |
Judicial 15-16
District Court failure to comply with 28 U.S.C.636 16-17
claims ignored by the District Court.17-18
State Probationary Split Sentence… |
| 18-5858 |
Lance Edward Gloor v. United States |
Ninth Circuit |
2018-08-31 |
Denied |
Amici (1)Response WaivedIFP |
10th-amendment due-process evidentiary-hearing federal-prosecution medical-marijuana rohrabacher-farr-amendment separation-of-powers states-rights tenth-amendment |
Were the Tenth Amendment, Due Process Clause, and the separation of powers doctrine violated where Congress expressed its clear intent to respect stat… |
| 18-5823 |
Alonzo D. Marshall v. United States |
District of Columbia |
2018-08-29 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process evidentiary-hearing innocence innocence-claim post-conviction-relief section-23-110 trial-court-discretion witness-credibility |
Alonzo Marshall Has vehemently challenged his guilt throughout these proceeding because he was not involved in the death of Michael Henry. Even though… |
| 18-5814 |
Bobby Cruz v. United States |
Seventh Circuit |
2018-08-29 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process evidentiary-hearing guilty-plea habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel mayle-v-felix section-2255 |
DID THE SEVENTH CIRCUIT COURT OF APPEALS ERR IN DENYING BOBBY CURZ A CERTIFICATE OF APPEALABILITY CONCERNING THE DISTRICT COURT'S DENYING CRUZ'S AMEND… |
| 18-5794 |
Ronnie Keith Davis v. Benjamin Maddie |
Fifth Circuit |
2018-08-28 |
Denied |
Response WaivedIFP |
civil-rights civil-rights-procedure civil-rights-proceeding evidentiary-hearing first-national-bank-v-lustig fraud-upon-court fraud-upon-the-court hazel-atlas-glass inherent-power miscarriage-of-justice rozier-v-ford-motor rule-60(b)(3) rule-60b3 sanctions summary-judgment |
Whether a Motion to vacate the judgment pursuant to Rule 60(b)(3) timely filed within the one-year period is governed by the grave miscarriage of just… |
| 18-5790 |
Uiki Teaupa v. United States |
Ninth Circuit |
2018-08-28 |
Denied |
Response WaivedIFP |
28-usc-2255 5th-amendment 6th-amendment discovery due-process evidentiary-hearing fifth-amendment government-misconduct pro-se pro-se-defendant section-2255 sixth-amendment |
Does the Fifth and Sixth Amendment to the U.S. Constitution entitle A Pro Se Defendant the right to have (1) discovery conducted on his claims of gove… |
| 18-5786 |
Donell A. Thomas v. United States |
Seventh Circuit |
2018-08-28 |
Denied |
Response WaivedRelisted (2)IFP |
2255-motion certificate-of-appealability evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel loss-calculation rule-59(e)-motion rule-59e section-2255-motion sentencing sixth-amendment sixth-amendment-rights strickland-standard strickland-v-washington |
Did the Petitioner in his 2255 Motion and Rule 59(e) motion prove his claim that the the Petitioner's trial and appellate counsel's failure to object … |
| 18-5780 |
Peter Vincent Capra v. United States |
Tenth Circuit |
2018-08-27 |
Denied |
Response WaivedIFP |
appellate-court appellate-review certificate-of-appealability civil-procedure district-court due-process duty-to-disclose evidentiary-hearing expert-testimony final-order good-faith-defense ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jurisdiction standing |
Did the Appellate Court lack jurisdiction over the Appeal due to the fact from review of the record that the District Court had not adjudicated all of… |
| 18-5742 |
Solomon David Roberts v. Florida |
Florida |
2018-08-24 |
Denied |
Relisted (2)IFP |
8th-amendment civil-rights due-process evidentiary-hearing habeas-corpus life-without-parole mandatory-minimums miller-v-alabama sentencing simple-robbery standing |
Whether CAJ NEw Rule oF Lonsttitonal law by the Supreme Lourt to the Dnited states Made [RJe troactive to the statEs is Subsect Previsus filings.?
Pe… |
| 18-5689 |
George Bridgette v. Debbie Asuncion, Warden, et al. |
Ninth Circuit |
2018-08-22 |
Denied |
Response WaivedRelisted (2)IFP |
6th-amendment civil-rights constitutional-claim constitutional-rights due-process evidentiary-hearing extraordinary-circumstances federal-rules-of-civil-procedure habeas-corpus ineffective-assistance-of-counsel procedural-requirements right-to-counsel substitute-counsel |
1. whethes district count failuse to nppoint substitute Counsc to Continve t repcesent Petitonerin the evideatinyharing aftes ceming the assign Counse… |
| 18-5596 |
George Wallace v. Ron E. Barnes, Warden |
Ninth Circuit |
2018-08-15 |
Denied |
IFP |
actual-innocence discovery due-process evidentiary-hearing factual-findings federal-habeas federal-habeas-corpus legal-standard state-court-findings state-court-procedure |
1. Was the federal Court required by Federal law to accept as true any of Petitioners factual allegations that were made and supported in federal cour… |
| 18-5499 |
Hilario Sanchez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-08-10 |
Denied |
Relisted (2)IFP |
28-usc-2254 actual-innocence evidentiary-hearing federal-court habeas-corpus involuntary-plea state-court time-barred |
WHETHER A FEDERAL COURT FAILED TO HOLD AN EVIDENTIARY HEARING ON HABEAS CORPUS IF,AMONG OTHER FACTORS,TO DEVELOP THE FACTUAL BASIS FOR THE CLAIM IN ST… |
| 18-5515 |
Louie Anthony Salemi v. United States |
Eleventh Circuit |
2018-08-09 |
Denied |
Response WaivedIFP |
28-usc-2255 abuse-of-discretion boiler-plate-language certificate-of-appealability eleventh-circuit evidentiary-hearing habeas-corpus-review-2255-claims ineffective-assistance ineffective-assistance-of-counsel machibroda-v-united-states off-the-record-advice reasoned-opinion section-2255 summary-order |
The Eleventh Circuit Court of Appeals denied Mr. Salemi a certificate of appealability with a summary order using boiler plate language. Did the Eleve… |
| 18-5491 |
Glen Hughie Lovin, Jr. v. Joe M. Allbaugh, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2018-08-08 |
Denied |
IFP |
civil-rights constitutional-law criminal-history criminal-procedure due-process evidence evidentiary-hearing fair-trial habeas-corpus ineffective-assistance-of-counsel prejudicial-evidence sentencing |
(1) Ground 1: The evidence was not sufficient to prove the State charged the offense of an irrelevant and constitutionality of the conviction, duly as… |
| 18-5479 |
Tadareous Jackson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-08-07 |
Denied |
IFP |
attorney-performance due-process evidentiary-hearing evidentiary-standard federal-court-review findings-of-fact habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-deference legal-findings procedural-fairness state-court-findings state-court-proceedings trial-court-duty |
1) When a State Trial Court neglects it's duty to make findings after controverted and unresloved issues have been shown, is it resonable when conside… |
| 18-5461 |
Keith Henderson v. Minnesota |
Minnesota |
2018-08-06 |
Denied |
Response WaivedIFP |
due-process evidentiary-hearing innocence innocence-claim minnesota-supreme-court newly-discovered-evidence postconviction-relief state-district-court timeliness |
When a defendant has been denied an evidentiary hearing, has his right to due process been violated when the evidence he presented has to be construed… |
| 18-143 |
Sandra Lee Bart v. United States |
Eighth Circuit |
2018-07-31 |
Denied |
Response WaivedRelisted (2) |
appellate-review conspiracy conspiracy-conviction due-process evidence evidentiary-hearing fair-trial government-witness juror-misconduct jury-misconduct precedent sixth-amendment substantial-evidence |
1. Did the Eighth Circuit fail to follow its own precedent, and rule contrary to other Appellate Circuits and the United States Supreme Court when it … |
| 18-5325 |
Lena Lasher v. United States |
Second Circuit |
2018-07-24 |
Denied |
Response WaivedRelisted (2)IFP |
but no text was provided for analysis. Without th I cannot generate a question presented or identif please provide the full text of the petition. civil-rights collateral-attack criminal-procedure due-process equal-protection evidentiary-hearing habeas-corpus racial-discrimination school-desegregation sentencing voting-rights |
1. Once a prisoner requests relief under Motion 2255, must a District Court grant an evidentiary hearing on the prisoner's claims?
2. If the evidenti… |
| 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… |
| 18-5158 |
Mario Lee Brown v. United States |
Eleventh Circuit |
2018-07-09 |
Denied |
Response WaivedRelisted (2)IFP |
acca-enhancement certificate-of-appealability descamps-v-united-states evidentiary-hearing fifth-amendment florida-robbery-statute sixth-amendment stokeling-v-united-states |
Whether The United States Court Of Appeals For
The Eleventh Circuit Erred denying petitioner .a Certificate Of Appealability (COA) request?
Whether p… |
| 18-20 |
Arkadiy Bangiyev v. United States |
Fourth Circuit |
2018-07-03 |
Denied |
Response Waived |
28-usc-2255 certificate-of-appealability counsel-stipulation criminal-procedure evidentiary-hearing ineffective-assistance-of-counsel plea-bargain plea-bargaining sentencing-enhancement sentencing-guidelines sixth-amendment writ-of-certiorari |
In McCoy v. Louisiana, 138 S.Ct. 1500 (2018), this Court held that trial counsel may not concede the defendant's guilt over the defendant's objection.… |