evidentiary-rule
5 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 21-640 | Five Star Automatic Fire Protection, L.L.C. v. Department of Labor | Fifth Circuit | 2021-11-02 | Denied | burden-shifting civil-rights class-action due-process evidentiary-rule fair-labor-standards-act overtime-pay representative-testimony wal-mart-v-dukes | 1. In Wal-Mart v. Dukes, this Court rejected "Trial by Formula" in disapproving the use of representative testimony for certification of Rule 23 class… | |
| 21-5405 | George A. Luna v. Anna Valentine, Warden | Sixth Circuit | 2021-08-17 | Denied | Response WaivedIFP | civil-procedure civil-rights confrontation-clause domestic-violence due-process evidentiary-rule federal-jurisdiction forfeiture-by-wrongdoing hearsay-exception pleadings standing witness-unavailability | Under Giles v., California can a State constitutionally introduce a murder victim's out. of court statements to others about defendant's abuse/ pursua… |
| 20-6718 | Jason J. Johnson v. California | California | 2020-12-29 | Denied | IFP | criminal-procedure due-process evidence evidentiary-rule judicial-discretion legal-standard newly-discovered-evidence post-conviction post-conviction-relief standards-of-review trial-procedure | 1. Under the "newly discovered evidence rule" does not evidence discovered after conviction, such as evidence the movant could not have possibly disc… |
| 18-9725 | Jose Munoz v. United States | Second Circuit | 2019-06-19 | Denied | Response WaivedIFP | 5th-amendment constitutional-vagueness crime-of-violence criminal-law criminal-law-procedure double-jeopardy due-process evidentiary-rule hobbs-act sentencing sentencing-enhancement vagueness | Whether the definition of "crime of violence" in 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague. Whether a Hobbs Act robbery is categorically a… |
| 18-5598 | John J. Moore, Jr. v. Michael Stephan, Warden | Fourth Circuit | 2018-08-16 | Denied | Response WaivedIFP | constitutional-rights due-process evidentiary-rule evidentiary-rules fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel pcr-hearing post-conviction-relief presumption-of-correctness sixth-amendment | Whether the State Court's determination of factual issues is or should have been presumed correct. And whether Petitioner sustained his burden of over… |