| 24-1127 |
Thomas E. Clardy v. Kenneth Nelsen, Warden |
Sixth Circuit |
2025-05-02 |
Denied |
Response Waived |
criminal-procedure due-process expert-testimony eyewitness-identification ineffective-assistance strickland-standard |
In a case that hinges primarily on eyewitness identification, does a criminal defense attorney perform deficiently under Strickland v. Washington, 466… |
| 24-421 |
Cynthia Davis, Warden v. David M. Smith |
Sixth Circuit |
2024-10-15 |
Denied |
Relisted (3) |
aedpa constitutional-violation due-process eyewitness-identification habeas-corpus sixth-circuit |
The Due Process Clause requires exclusion of police-initiated eyewitness identification testimony in exceedingly rare cases. Exclusion of such evidenc… |
| 24-5145 |
Antonio Tyree Gaskin v. Kentucky |
Kentucky |
2024-07-25 |
Denied |
IFP |
6th-amendment constitutional-rights criminal-procedure due-process eyewitness-identification law-enforcement legal-representation lineup procedural-safeguards right-to-counsel suspect-rights |
Whether the 14th Amendment of the U.S. Constitution have guaranteed protection that safeguard law in enforcement showing in single paragraph a suspect… |
| 23-7298 |
Jonathan Wayne Daniels v. United States |
Eleventh Circuit |
2024-04-24 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process eyewitness-identification hobbs-act-robbery jury-instruction jury-instructions suggestive-identification suggestive-procedure third-circuit |
Whether petitioner's jury was adequately "warn[ed] to take care in appraising identification evidence," in accordance with due process, where his jury… |
| 22-6987 |
Dennis J. Brookshire v. Wisconsin |
Wisconsin |
2023-03-10 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process eyewitness-identification fair-trial ineffective-assistance ineffective-assistance-of-counsel out-of-court-identification post-conviction-review |
WAS TRIAL COUNSEL INEFFECTIVE FOR FAILING TO MOVE TO SUPRESS THE OUT OF COURT IDENTIFICATIONS AND DID SUCH IDENTIFICATIONS DENY THE PETITIONER A FAIR … |
| 22-6801 |
DeSean Alexander Bruce v. Arizona |
Arizona |
2023-02-16 |
Denied |
Response WaivedIFP |
alibi-evidence due-process eyewitness-identification eyewitness-testimony fair-appeal fair-postconviction-proceedings fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct trial-fairness |
FIRST : Was Petitioner denied due process, a fair trial, a fair appeal, and fair post conviction proceedings, due to the following circumstances:
1. … |
| 22-6491 |
Eric Romero-Lobato v. United States |
Ninth Circuit |
2023-01-09 |
Denied |
Response WaivedIFP |
constitutional-error due-process eyewitness-identification gatekeeping gatekeeping-function harmless-error law-enforcement reliability reliability-standard suggestive-identification |
Due process prohibits any "suggestive and unnecessary identification procedure" that does not possess "sufficient aspects of reliability." Manson v. B… |
| 22-6453 |
Mario Torres v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2023-01-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process eyewitness-identification habeas-corpus plea-agreement plea-bargain post-conviction-relief prosecutorial-misconduct right-to-counsel sentencing |
reneged on the plea bargain.
Whether the District Court is bound by the original plea-agreement. Petitioner was resentenced.
Whether a restitution h… |
| 22-589 |
Daryl Holloway v. City of Milwaukee, Wisconsin, et al. |
Seventh Circuit |
2022-12-27 |
Denied |
|
circuit-split civil-rights constitutional-law criminal-procedure due-process eyewitness-identification identification-procedure law-enforcement lineup qualified-immunity |
1. Whether the Court should address
ambiguity among the circuits on whether an unduly
suggestive identification procedure violated the Due
Process Cla… |
| 22-5749 |
Justin Jamal Warner v. South Carolina |
South Carolina |
2022-10-04 |
Dismissed |
IFP |
criminal-defendant-rights criminal-procedure due-process eyewitness-identification in-camera-hearing law-enforcement-procedure out-of-court-identification police-misconduct reliability-standard surveillance-video unreliable-evidence video-identification |
Whether a criminal defendant is entitled to an in camera hearing pursuant to Neil v. Biggers, 408 U.S. 188 (1972) on the reliability of an out-of-cour… |
| 21-7150 |
Michael Cameron v. Tim Hooper, Warden |
Fifth Circuit |
2022-02-17 |
Denied |
IFP |
criminal-procedure due-process eyewitness-identification misidentification right-to-defense right-to-present-defense showup-lineup suggestive-lineup witness-identification |
The police conducted a showup lineup with Cameron and four witnesses without justification. The unduly suggestive showup lineups were never corroborat… |
| 21-6836 |
Daniel Locus v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2022-01-18 |
Denied |
Response WaivedIFP |
credibility criminal-procedure due-process eyewitness-identification federal-courts judicial-review state-court-review state-courts wrongful-conviction wrongful-convictions |
1. Did the District Court's ruling consistent with the holdings
in Neil v. Biqqers ,
2243 (1977)?423 U.S. 98, 114, 53 L.Ed.2d 140, 97 S. Ct.
2. If t… |
| 21-6702 |
Oscar Porter v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2021-12-22 |
Denied |
Response WaivedIFP |
28-usc-2254 alibi-witness alibi-witnesses criminal-trial eyewitness-identification eyewitness-testimony habeas-corpus identification ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
1. Is the Sixth Amendment violated when trial counsel pre-judges and excludes close friends and family from testifying as alibi witnesses without inve… |
| 21-5582 |
Marlon Darrel Evans v. Amy Miller, Warden |
Ninth Circuit |
2021-09-07 |
Denied |
Response WaivedIFP |
aedpa aedpa-review due-process eyewitness-identification habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ninth-circuit strickland-standard strickland-v-washington |
The question presented is whether the state court unreasonably applied this Court's precedents when it concluded that Evans's trial counsel was not co… |
| 21-5282 |
Tyrius Green v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. |
Third Circuit |
2021-08-03 |
Denied |
IFP |
due-process eyewitness-identification jury-instructions reasonable-doubt structural-error sullivan-v-united-states trial-by-jury trial-procedure witness-identification |
Tyrius Green was convicted of murder based solely upon witness identification testimony as there was no physical evidence presented at his trial that … |
| 21-151 |
Feanyichi Ezekwesi Uvukansi v. Texas |
Texas |
2021-08-03 |
Denied |
Response RequestedRelisted (16) |
brady-violation burden-of-proof due-process eyewitness-identification false-testimony habeas-corpus materiality materiality-standard prosecutorial-misconduct |
Petitioner was convicted of capital murder and sentenced to life without parole based on the identification testimony of a single eyewitness who was t… |
| 20-7249 |
Derrick Miles v. Illinois |
Illinois |
2021-02-25 |
Denied |
IFP |
14th-amendment 6th-amendment criminal-appeal due-process eyewitness-identification fair-trial fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment trial-procedure witness-identification |
1). Whether the State of Illinois Appellate Court ruling denying petitioner's claim, where his murder conviction must be reversed, where his convictio… |
| 20-6799 |
Kosoul Chanthakoummane v. Texas |
Texas |
2021-01-08 |
Denied |
IFP |
bitemark-identification criminal-procedure dna-analysis dna-evidence due-process expert-testimony eyewitness-identification eyewitness-testimony forensic-evidence scientific-evidence trial-fairness |
Is Petitioner's conviction the product of a fundamentally unfair trial that was prejudiced by the admissibility of flawed forensic scientific evidence… |
| 20-6037 |
David Williard v. Illinois |
Illinois |
2020-10-15 |
Denied |
Response WaivedIFP |
14th-Amendment 5th-Amendment 6th-Amendment Alibi-Witnesses constitutional-rights Due-Process Eyewitness-Identification ineffective-assistance reasonable-doubt sixth-amendment |
I. Appellate Court erred in denying Petitioner's Ineffective Assistance of Counsel claim. Where prejudice was established, in the trial courts finding… |
| 20-5923 |
Charles Don Flores v. Texas |
Texas |
2020-10-06 |
Denied |
Amici (2)IFP |
constitutional-fairness death-penalty due-process eyewitness-identification fair-trial hypnosis investigative-hypnosis law-enforcement-procedure police-investigation |
In Rock v. Arkansas, 483 U.S. 44 (1987), this Court found that, although "hypnotically refreshed" testimony was "controversial," the dangers associate… |
| 20-5742 |
David Tachay Heard v. United States |
Eighth Circuit |
2020-09-17 |
Denied |
Relisted (3)IFP |
appellate-review criminal-procedure cross-racial-identification due-process eyewitness-identification federal-standard jury-instruction jury-instructions plain-error standard-of-review |
1. Should federal district courts be required to give a cautionary jury instruction, upon a defendant's request, to guide the jury's evaluation of eye… |
| 20-232 |
Robert Anderson v. Teri Kennedy |
Seventh Circuit |
2020-08-27 |
Denied |
Amici (1)Response Waived |
constitutional-rights due-process evidence-exclusion expert-testimony eyewitness-identification holmes-precedent holmes-v-south-carolina state-rule |
Whether this Court's decision in Holmes v. South Carolina, 547 U.S. 319 (2006), clearly establishes that a defendant's due process right to present ev… |
| 20-5261 |
Michael Fred Houston v. Texas |
Texas |
2020-08-05 |
Denied |
IFP |
court-of-appeals criminal-procedure due-process eyewitness-identification identification-testimony motion-to-suppress reliability-standard suggestive-identification suggestive-procedure totality-of-circumstances witness-reliability |
1) Does under the totality of the circumstance, is the in-court identification reliable even though the confrontation procedure was suggestive?
2) Di… |
| 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 … |
| 19-7651 |
Craig Keyon White v. Robert Fox, Warden |
Ninth Circuit |
2020-02-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial due-process eyewitness-identification ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment |
(1) Whether the unduly suggestive pretrial identification procedure and resulting unreliable identifications admitted against White at his criminal tr… |
| 19-7149 |
Guillermo Herrera v. United States |
Ninth Circuit |
2020-01-06 |
Denied |
Response WaivedIFP |
admissibility circuit-split daubert-standard daubert-v-merrell-dow expert-testimony eyewitness-identification federal-rules-of-evidence jury-instructions scientific-evidence |
In Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), this Court held that Fed. R. Evid. 702 superseded the common law rule governing the ad… |
| 19-7133 |
Angel Noel Guevara v. United States |
Ninth Circuit |
2019-12-31 |
Denied |
Response WaivedIFP |
brady-v-maryland cross-examination due-process expert-testimony eyewitness-identification eyewitness-testimony independent-evidence police-lineup rule-403 sixth-amendment sixth-amendment-right-to-present-defense |
1. Whether excluding expert testimony on eyewitness memory and police lineup procedures violates the Sixth Amendment right to present a defense, or co… |
| 19-7109 |
J'Veil Outing v. Miguel A. Cardona, Commissioner, Connecticut Department of Correction |
Connecticut |
2019-12-31 |
Denied |
Response WaivedIFP |
appeal appellate-record due-process expert-testimony eyewitness-identification eyewitness-testimony ineffective-assistance precedent right-to-counsel sixth-amendment |
I. WHETHER ASSIGNED COUNSEL VIOLATED THE DEFENDANT'S SIXTH AMENDMENT RIGHT TO COUNSEL AND HIS RIGHT TO DUE PROCESS BY FAILING TO PRESERVE FOR APPEAL A… |
| 19-6945 |
Kevin Dameron v. Illinois |
Illinois |
2019-12-16 |
Denied |
Response WaivedIFP |
case-law civil-rights criminal-procedure due-process evidence eyewitness-identification judicial-review legal-error neil-v-biggers standing state-court-interpretation state-court-review supreme-court-precedent |
WHETHER THE ILLINOIS STATE COURT ERRED IN ITS APPLICATION OF WELL ESTABLISHED UNITED STATES SUPREME COURT PRECEDENT DECLARED IN NEIL v. BIGGERS, 409 U… |
| 19-6924 |
William D. Thomas v. Mark McCullick, Warden |
Sixth Circuit |
2019-12-12 |
Denied |
Response WaivedIFP |
bail civil-procedure confrontation confrontation-clause criminal-procedure due-process eyewitness-identification identification indictment officer-activity police-conduct preliminary-hearing warrant-inquiry whether a state's failure to meet the reciprocal r |
a one on one Confrontation during a preliminary hearng tanted by prior police activity is Sufficient to warrant a Caurt's reliability inquiry.
II. Wh… |
| 19-6515 |
Andre Verlin Anderson v. Vicki Janssen, Warden |
Eighth Circuit |
2019-11-06 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure criminal-procedure-due-process-eyewitness-identifi criminal-procedure-habeas-corpus-certificate-of-ap Did the district court commit reversible error whe Did the United States Court of Appeals for the Eig due-process eyewitness-identification habeas-corpus motion-to-suppress photographic-lineup reversible-error |
QUESTION ONE:
Did the district court commit reversible error by denying Petitioner's motion to suppress the unduly suggestive photographic lineup?
QU… |
| 19-6110 |
Abimael Ayala-Gonzalez v. New York |
New York |
2019-10-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review brady-violation constitutional-duty criminal-procedure due-process eyewitness-identification federal-claim ineffective-assistance ineffective-assistance-of-counsel meaningful-representation-standard performance-prejudice-test prosecutorial-misconduct sixth-amendment state-appellate-court strickland-standard strickland-v-washington |
During voir dire, my trial counsel repeatedly referred to me as a drug dealer, supplying the prosecution with a motive that would never have survived … |
| 19-6071 |
Demetrius Desean Morgan v. Michigan |
Michigan |
2019-09-26 |
Denied |
Response WaivedIFP |
criminal-procedure due-process eyewitness-identification first-amendment fourteenth-amendment freedom-of-association impartial-jury ineffective-assistance insufficient-evidence physical-characteristics reasonable-doubt sixth-amendment surveillance-video video-surveillance |
1. Was the evidence of Petitioner's identity as the shooter sufficient to sustain the first-degree murder conviction where that evidence consisted of … |
| 19-5769 |
Daniel J. Whitt v. Michele Buckner, Warden |
Eighth Circuit |
2019-08-30 |
Denied |
IFP |
burden-of-proof due-process expert-testimony eyewitness-identification ineffective-assistance-of-counsel line-up-procedure lineup-procedures police-procedure trial-strategy |
DID TRIAL ATTORNEY PRE-TRIAL ZEEE CVE 1E HE TARAUEN 11S onl Me LIGENGE. BY WAITING 720 Lott, FAILED 70 SECURE AN EXPERT WITNESS ON LINE-UP TbéAr7 ~Fic… |
| 19-5334 |
Martel Valencia-Cortez v. United States |
Ninth Circuit |
2019-07-25 |
Denied |
IFP |
criminal-procedure due-process evidence eyewitness-identification jury-instruction jury-instructions reliability-factors standing trial-error trial-procedure witness-identification |
Whether a district court commits error in a federal criminal case by failing to provide a specific eyewitness identification instruction, which requir… |
| 19-75 |
James Joseph Garner v. Colorado |
Colorado |
2019-07-15 |
Denied |
Amici (2) |
criminal-defendant criminal-procedure due-process eyewitness-identification police-misconduct standing suggestive-identification suggestive-setting trial-procedure witness-testimony |
Whether the Due Process Clause imposes any check on an eyewitness's identification of a criminal defendant in the typically suggestive setting of tria… |
| 19-5153 |
Christopher B. Ramirez v. Washington |
Washington |
2019-07-12 |
Denied |
Response WaivedIFP |
aggravating-circumstance criminal-procedure due-process eyewitness-identification identification-procedure jury-instructions notice photographic-array police-misconduct sixth-amendment suggestive-circumstances suggestive-identification |
1. In Perry v. New Hampshire , 565 U.S. 228, 232 (2012) the Court held the Fourteenth Amendment right to due process requires exclusion from trial an … |
| 18-9695 |
Robert A. Wagner v. Jeff Premo, Superintendent, Oregon State Penitentiary |
Ninth Circuit |
2019-06-17 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process effective-representation expert-testimony eyewitness-identification habeas-corpus ineffective-assistance miller-el-standard miller-el-v-cockrell reasonable-probability trial-outcome |
Whether the Ninth Circuit's ruling denying a certificate of
appealability conflicts with the "debatable" standard from Miller-El u.
Cockrell, 537 U.S.… |
| 18-8106 |
Benjamin Crump v. Delaware |
Delaware |
2019-02-22 |
Denied |
Response WaivedIFP |
civil-rights conviction criminal-procedure due-process eyewitness-identification false-testimony fourteenth-amendment wrongful-conviction |
Whether a conviction obtained through the use of false evidence by a material state witness - the only state witness to reliably identify the defendan… |
| 18-8033 |
Luis Alberto Montalvo Borgos v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk |
First Circuit |
2019-02-20 |
Denied |
Response WaivedIFP |
criminal-procedure drug-dealer due-process eyewitness-identification identification-procedure miscarriage-of-justice plain-error Prosecutor-elicited-testimony-about-witness-fear,c Prosecutor-stated-petitioner-was-known-drug-dealer prosecutorial-misconduct witness-testimony |
ISSUE #1: THE IDENTIFICATION OF THE PETITIONER
WAS UNREASONABLY SUGGESTIVE CAUSING
PLAIN ERROR PP. 5-12
ISSUE 42: THERE WAS PLAIN ERROR WHEN THE
PROS… |
| 18-7873 |
Troy Sierra v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-02-11 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process eyewitness-identification fair-trial false-testimony ineffective-assistance-of-counsel ineffective-counsel right-to-counsel rights-advisement sixth-amendment |
Why did the U.S. government allow Del. Deluca to arrest and detain Petitioner at the Orlando County Jail on December 30. 2007 without counsel? Why was… |
| 18-6656 |
Timothy Kyle Prince v. Shane Jackson, Warden |
Sixth Circuit |
2018-11-13 |
Denied |
IFP |
constitutional-rights due-process eyewitness-identification fair-trial fourteenth-amendment sixth-amendment suggestive-identification suggestive-procedures unreliable-identification witness-identification |
WHETHER PETITIONER WAS DENIED OF HIS SIXTH AND FOURTEENTH AMENDMENT RIGHTS TO A FAIR TRIAL, DUE PROCESS, WHERE BOTH GREGORY AND BRENDA RUSHLOW'S IN-CO… |
| 18-5822 |
Charles O. Keene v. Illinois |
Illinois |
2018-08-29 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure dna-exonerations due-process eyewitness-identification judicial-integrity scientific-evidence scientific-research state-court-rulings state-court-split |
In criminal cases, where a defendant's conviction is based on eyewitness identification, this Court has found that it was the likelihood of misidentif… |