evidentiary-presumption

4 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-187 Serafim Georgios Katergaris v. City of New York, New York Second Circuit 2025-08-15 Denied Response RequestedResponse WaivedRelisted (2) burden-of-proof circuit-split evidentiary-presumption federal-rule-of-evidence mailbox-rule state-law-preemption In 2021, Petitioner discovered that New York City had issued him a notice of violation in 2015. When he filed this lawsuit to challenge the constituti…
23-5816 Henry Jo Ward v. West Virginia West Virginia 2023-10-17 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process evidentiary-presumption fourteenth-amendment official-capacity The West Virginia Supreme Court interpreted a statute to create an unconstitutional evidentiary presumption. Specifically, the West Virginia Supreme C…
19-7100 Damon Jones v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2019-12-30 Dismissed Response WaivedIFP burden-of-proof constitutional-presumption evidentiary-presumption fourteenth-amendment jury-instructions sixth-amendment specific-intent transferred-intent In Jackson v. Virginia, 443 U.S. 307, 309 (1979), this Court held "(t]he Constitution prohibits the criminal conviction of any person except upon proo…
19-5609 Marlin Chin and Patrick E. Lee v. United States District of Columbia 2019-08-16 Denied Response WaivedIFP decades-old-case evidentiary-presumption judicial-discretion missing-evidence motion-for-new-trial new-trial presumption-of-impropriety trial-court-error witness-fees witness-vouchers Whether the trial court erred in denying a Motion for New Trial when witness vouchers issued for payment of witness fees in a decades old case could n…