hearsay-evidence

85 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A705 Charles Albert Massey v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2025-12-17 Application confrontation-clause criminal-procedure cross-examination hearsay-evidence preliminary-hearing sixth-amendment Question not identified.
25-6168 Carl Rose v. United States Third Circuit 2025-11-19 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process hearsay-evidence revocation-hearing supervised-release Whether the Due Process Clause and Federal Rule of Criminal Procedure 32.1(b)(2)(C) require a district court, before admitting hearsay at a supervised…
25-288 Vinaykumar Patel v. United States Third Circuit 2025-09-11 Denied Response Waived confrontation-clause federal-rules-of-evidence fifth-amendment hearsay-evidence law-enforcement-testimony sixth-amendment 1. Whether the introduction of speculative lay opinion by a law enforcement officer, asserting a staged robbery without personal knowledge or expert…
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. …
25-5048 Jeremy Wayne Holt v. Oklahoma Oklahoma 2025-07-08 Denied IFP criminal-procedure discovery-violation due-process hearsay-evidence sixth-amendment speedy-trial 1. Does a delay of seven years from alleged criminal act to trial trigger the presumption of prejudice under Doggett v. United States, 505 U.S. 647 (1…
24-7329 Nicco-Kawon Pledger v. Massachusetts Massachusetts 2025-05-30 Denied Response WaivedIFP due-process expert-testimony hearsay-evidence ineffective-assistance jury-instructions trial-procedure Counsel ///( <S\S5'/J'/c«ce boher? 4o cW|<nje oP JunK Sew UM &>rnis Ae [>n'™y ^Vi'dtnce. of ^vil-k H-ere, Counsel Q<u(ed +o ck<x//<?^e -fhe. ■deSp/rna…
24-7054 Oscar J. Martinez-Hernandez v. United States First Circuit 2025-04-22 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split confrontation-clause due-process federal-rules-of-evidence hearsay-evidence sixth-amendment I. WHETHER ADMISSION OF UNCORROBORATED HEARSAY UNDER FEDERAL RULE OF EVIDENCE 801(D)(2)(E), WITHOUT INDEPENDENT PROOF OF A CONSPIRACY OR EXTRINSIC COR…
24-6990 Abdul Kilgore v. United States Sixth Circuit 2025-04-15 Denied Response WaivedIFP confrontation-clause hearsay-evidence procedural-reasonableness sentencing sixth-amendment supervised-release 1. Whether the district court's reliance on hearsay evidence, including a complaining witness's video statement and photographic evidence, in a superv…
24-6877 Amanda M. v. Illinois Illinois 2025-03-27 Denied Response WaivedIFP burden-of-proof child-custody constitutional-rights due-process hearsay-evidence parental-rights Can a state terminate a parent's constitutional right to raise her child based solely on hearsay evidence, where the state's burden of proof at a fitn…
24-6849 Terrance Deandre Ellison v. United States Ninth Circuit 2025-03-25 Denied Response WaivedIFP cross-examination evidentiary-procedure federal-rules-of-evidence hearsay-evidence recent-fabrication witness-credibility Whether Federal Rule of Evidence 801(d)(1)(B)(i) permits introduction of hearsay purportedly to rebut a charge of recent fabrication made during cross…
24-6029 Glenna Duram v. Jeremy Howard, Warden Sixth Circuit 2024-11-25 Denied IFP appellate-review constitutional-rights due-process hearsay-evidence ineffective-assistance trial-procedure I. Whether the trial court violated Glenna Mary Duram's constitutional protections of due process by admitting unfairly prejudicial hearsay evidence f…
24-5998 Carlos Tonyo Cabrera v. Ricky D. Dixon, Secretary, Florida Department of Corrections Florida 2024-11-20 Denied Response WaivedIFP due-process hearsay-evidence judicial-error prior-convictions procedural-due-process sentencing-scoresheet I. WHETHER A COURT OF COMPETENT JURISDICTION VIOLATED PETITIONER'S DUE PROCESS RIGHT WHEN IT IMPOSED LIFE SENTENCES BASED ON AN ERRONEOUS SCORESHEET T…
24-5411 Mario Chavez v. Carlos Lazarin, Warden, et al. Tenth Circuit 2024-08-28 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process hearsay-evidence sixth-amendment CWc\ dee^ved \V ^nx.&£M *Vo " Woo/e, W avooVWercicty (Mx{ ^Ejcjt\ V ^©V\ wJdt gk (xw^reWstve <taW-XA\'cyv. oV'WW aac>uac\\ , ydW^A- vV dW'f (AAdvA.^…
23-7548 In Re Kinley MacDonald 2024-05-23 Denied IFP child-custody child-welfare civil-rights due-process family-law hearsay hearsay-evidence judicial-misconduct jurisdiction jurisdictional-challenge parental-rights state-statute 1) Can a trial Court open and remove children in a "pre-adjudicative Custody" case based solely on hearsay accusations prohibited by State Statute and…
23-7549 In Re Kinley MacDonald 2024-05-23 Denied IFP child-custody child-welfare due-process family-rights hearsay hearsay-evidence judicial-jurisdiction jurisdiction parental-rights standard-of-review state-court-procedure Before the Court is a matter involving unabused children trafficked into foster care by hearsay, causing irreparable harm. The mother suffered expecte…
23-1181 Gail M. Ritchey v. Ohio Ohio 2024-05-01 Denied Amici (1) autopsy-report confrontation-clause criminal-investigation criminal-procedure evidence hearsay-evidence medical-examiner medical-examiner-testimony sixth-amendment Does the admission of an autopsy report and testimony from a doctor who neither participated in the autopsy nor prepared the report violate the Sixth …
23-7326 Erik Johnson v. Patrick Griffin Second Circuit 2024-04-29 Denied Response WaivedIFP civil-procedure confrontation-clause criminal-procedure due-process evidence hearsay hearsay-evidence missing-witness missing-witness-instruction testimonial-statement Whether the admission into evidence, through the testimony of decedent's 10-year-old daughter, of hearsay statements allegedly made by the decedent to…
23-7314 S. C. v. Vermont Vermont 2024-04-26 Denied Response WaivedIFP child-welfare clear-and-convincing due-process fourteenth-amendment hearsay hearsay-evidence parental-rights parental-unfitness santosky-standard santosky-v-kramer 1. Whether Vermont's law allowing courts to terminate parental rights based largely on hearsay violates the Fourteenth Amendment and this Court's hold…
23A879 C. B., Father v. Vermont Department for Children and Families Vermont 2024-04-03 Presumed Complete child-witnesses due-process hearsay-evidence parental-rights procedural-safeguards termination-of-rights Question not identified.
23A847 Richard Alan Costanzo v. United States Fourth Circuit 2024-03-19 Presumed Complete abuse-of-discretion confrontation-rights criminal-procedure federal-rule hearsay-evidence probation-revocation Question not identified.
23-924 John Anthony Castro v. Adrian Fontes, Arizona Secretary of State, et al. Ninth Circuit 2024-02-27 Denied Response Waived arizona-ballot article-iii article-iii-standing ballot-access campaign-expenses hearsay hearsay-evidence judicial-discretion motion-to-amend presidential-candidate standing Arizona ballot-placed Republican Presidential Candidate, whose direct and current competition for votes evidenced by thousands of dollars in Arizona-s…
23-6474 Courtney Rose Desjarlais v. United States Eighth Circuit 2024-01-12 Denied Response WaivedIFP confrontation-clause cross-examination due-process hearsay hearsay-evidence sentencing-enhancement sixth-amendment I. Under the Sixth Amendment of the United States Constitution, a defendant in a criminal case has the right to confront adverse witnesses against her…
23A612 Thurmond Allen v. Pennsylvania Pennsylvania 2024-01-03 Presumed Complete firearm-possession fourth-amendment hearsay-evidence probable-cause search-warrant warrantless-search Question not identified.
23-505 Garrett A. Arrowood v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-11-14 Denied Response Waived appeals appellate-procedure certificate-of-appealability confrontation-clause crawford-violation criminal-procedure due-process evidence federal-law habeas-corpus hearsay-evidence I. WHETHER THE RECORD SUPPORTS THE COURT'S CONCLUSION THAT THE STATE COURT HEARING REGARDING THE INADMISSIBLE HEARSAY (CRAWFORD VIOLATION) DID NOT VIO…
23-5983 Eric Spencer v. United States Second Circuit 2023-11-09 Denied Response WaivedIFP abuse-of-discretion appellate-review court-procedure de-novo-review district-court evidence evidence-rules hearsay hearsay-evidence judicial-discretion standard-of-review When reviewing a district court's ruling to admit hearsay into evidence, should the Court of Appeals apply an abuse of discretion standard or engage i…
23A358 Ohio v. William Johnson Ohio 2023-10-20 Presumed Complete 911-call confrontation-clause domestic-violence emergency-exception hearsay-evidence testimonial-statement Question not identified.
23-5536 Kinley MacDonald v. Maine First Circuit 2023-09-07 Denied Relisted (2)IFP child-protection child-welfare civil-rights criminal-procedure due-process family-law hearsay-evidence judicial-discretion standing Before the Court is a matter involving court-based Children, Placed into "ostern Care by mere hearsay) Causing: Itrepoir—adle harm. Th mother suffered…
23-5509 Vincent D. White, Jr. v. Michael Phillips, Warden Sixth Circuit 2023-09-01 Denied Response WaivedIFP adverse-effect concurrent-conflict conflict-of-interest constitutional-rights criminal-defense criminal-procedure due-process habeas-corpus hearsay-evidence ineffective-assistance 23-5508" mickens-standard post-conviction-relief sixth-amendment state-court trial-counsel Whether a state court's denial of post-conviction 1. Whether a criminal-defense attorney, under indictment on charges of rape, kidnapping, and sexual assault, has a conflict of interest when simultane…
23-5508 In Re Kinley MacDonald 2023-09-01 Denied Relisted (2)IFP child-welfare civil-rights constitutional-rights due-process family-law hearsay-evidence judicial-misconduct post-conviction-relief standing state-court-review systemic-judicial-misconduct 1. Can a state court open and remove children in a "protective custody" case based solely on hearsay accusations prohibited by state statute, in secre…
23-5366 Ricky Alan Deephouse v. Wyoming Wyoming 2023-08-16 Denied Response WaivedRelisted (2)IFP criminal-procedure due-process hearsay-evidence illegal-opinion-issuance judicial-review rule-of-law single-justice-opinion state-court-procedure state-power-abuse state-supreme-court wyoming-rules-of-evidence 1. DID THE STATE SUPREME COURT IN THIS MATTER ABUSE ITS POWER? 2. DID THE STATE SUPREME COURT IN THIS MATTER MISUSE ITS POWER? 3. DID THE STATE SUPR…
23-5184 Kinley MacDonald v. Lea-Anne Sutton, Judge, District Court of Maine, et al. First Circuit 2023-07-25 Denied Relisted (2)IFP appellate-review child-custody civil-rights constitutional-rights due-process family-law family-rights hearsay-evidence judicial-misconduct jurisdiction standing 1) Can a trial court open and remove children in protective custody case based solely on hearsay (because prohibited by State Statute) in secrete and …
22-1139 Victor Santana v. Texas Texas 2023-05-23 Denied Response RequestedRelisted (2) bolstering-evidence criminal-appeal criminal-procedure hearsay hearsay-evidence ineffective-assistance ineffective-assistance-of-counsel jury-instructions prior-bad-act-evidence prior-bad-acts trial-counsel Did the Court of Criminal Appeals err in finding that trial counsel's errors did not amount to ineffective assistance of counsel?
22-6166 Raymond Mendez v. United States Ninth Circuit 2022-11-29 Denied Response WaivedIFP circuit-court-review criminal-procedure drug-quantity due-process hearsay hearsay-evidence judicial-procedure sentencing sentencing-guidelines supervisory-power Throughout three cycles of 18 U.S.C. § 3582(c)(2) proceedings, the district court has denied Raymond Mendez a reduction to his life sentence based on …
22-5775 William Robert Bramscher v. California California 2022-10-05 Denied Response WaivedIFP appeal constitutional-rights conviction criminal-appeal first-amendment hearsay hearsay-evidence presumption-of-innocence right-to-counsel 1. HAVE THE FIRST AMENDMENT RIGHT TO ADVOCATE THAT I AM INNOCENT OF ANY CHARGED OF CONVICTED CRIME(S)? 2. AN APPEAL ATTORNEY CANNOT CONCEDE GUILT IN …
22-5692 Kyle Brandon Rocha v. West Virginia West Virginia 2022-09-27 Denied Response WaivedIFP beyond-a-reasonable-doubt confrontation confrontation-clause constitutional-rights due-process hearsay hearsay-evidence reasonable-doubt sentencing sentencing-hearing standard-of-proof Is it a violation of a defendant's rights to due process of law and confrontation for a Court to make a finding in a sentencing hearing based solely o…
22-5469 Jeffrey Beard, II v. United States Eleventh Circuit 2022-08-31 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination hearsay hearsay-evidence obstruction-of-justice sentencing sentencing-guidelines sixth-amendment The Sixth Amendment of the U.S. Constitution requires that the accused "shall enjoy the right ... to be confronted with the witnesses against him." Th…
21-7613 James Edward Williams v. Illinois Illinois 2022-04-13 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidence hearsay hearsay-evidence jury-instructions prior-bad-acts propensity The state appellate court's decision was wrong Can the jury be instructed to consider Criminal 3.14 IPI instructions Saying that the jury can consider…
21-1264 Larry Klayman v. Judicial Watch, Inc., et al. District of Columbia 2022-03-18 Denied Response Waived circuit-split consumer-confusion hearsay-evidence lanham-act likelihood-of-confusion non-disparagement precedent trademark-infringement trademark-law 1. Did the U.S. Court of Appeals for the District of Columbia Circuit err by failing to apply the "appreciable number of consumers" standard to the "l…
21-6672 Trevor Jim Bishop v. California California 2021-12-20 Denied IFP due-process evidence-code-section-1109 federal-rule-of-evidence-404(b) hearsay hearsay-evidence ineffective-assistance other-acts-evidence procedural-error prosecutorial-misconduct trial-counsel Whether the majority opinion erred not only as to the substantive admissibility of the other acts evidence, but whether the majority also erred proced…
21-6635 Larry Alonzo Gibbs, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-12-16 Denied IFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process hearsay hearsay-evidence relevance reliability witness-testimony Does the State of Florida violate a defendant's right to confront witnesses when they allow the State to introduce evidence that a minor suffered from…
21-6375 Thomas Dudney v. Jeff Macomber, Warden Ninth Circuit 2021-11-22 Denied IFP certificate-of-appealability confrontation-clause due-process exculpatory-evidence hearsay-evidence ineffective-assistance ineffective-assistance-of-counsel perjury sixth-amendment Thomas Dudney's conviction when actually innocent highlights a national issue: the unacceptably high rate of such convictions, reflected in numerous e…
21-6238 Donald Broadnax v. John Q. Hamm, Commissioner, Alabama Department of Corrections Eleventh Circuit 2021-11-10 Denied IFP AEDPA aedpa-deference due-process federal-habeas-corpus hearsay hearsay-evidence ineffective-assistance ineffective-assistance-of-counsel postconviction-relief state-evidentiary-rules state-postconviction-proceedings Alabama prohibits a state postconviction petitioner from introducing hearsay to prove a penalty phase ineffective assistance of counsel claim. By cont…
21-6163 Gerard M. Lynch v. New York State Justice Center for the Protection of People With Special Needs New York 2021-11-04 Denied Response WaivedRelisted (2)IFP administrative-adjudication confrontation-clause confrontation-rights credibility-of-witnesses due-process hearsay-evidence occupational-debarment state-agency worker-rights The Respondent "Justice Center," a New York State agency, has a standard practice of routinely allowing uncorroborated hearsay evidence —for example, …
21-6173 Rotimi Salu v. New York State Justice Center for the Protection of People With Special Needs New York 2021-11-04 Denied Response WaivedRelisted (2)IFP administrative-adjudication administrative-law confrontation confrontation-rights credibility due-process employment-law hearsay hearsay-evidence witness-credibility Does it violate due process of law for a state agency to routinely adjudicate accusations of wrongdoing on hearsay evidence alone (in over 95 percent …
21-6090 Olry Maurival v. United States Eleventh Circuit 2021-10-26 Denied Response WaivedIFP conspiracy crawford-confrontation criminal-procedure evidence-sufficiency false-tax-return false-tax-returns hearsay-evidence sufficiency-of-evidence tax-fraud I. WHETHER THE VERDICT OF GUILT WAS SUPPORTED BY SUFFCIENT EVIDENCE TO SUSTAIN A CONVICTION, AND THE EVIDENCE, VIEWED IN A LIGHT MOST FAVORABLE TO THE…
21-5941 Angela Michelle Morelli v. Joshua B. Hyman, et al. Ninth Circuit 2021-10-12 Denied Response WaivedIFP 14th-amendment civil-rights constitutional-rights domestic-violence due-process federal-jurisdiction hearsay-evidence life-liberty-property procedural-hearing victim-protection 1. Why are Womens ' Constitutional Rights being violated under the 14th Amendment, for both procedural Due Process and Life, Liberty and Property, le…
21-5366 Abram K. Sollman v. Nebraska Nebraska 2021-08-13 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure double-jeopardy due-process eighth-amendment fifth-amendment fourteenth-amendment hearsay-evidence witness-testimony I. WHETHER OR NOT THE NEBRASKA COURTS RELIANCE ON A WITNESS STATEMENTS (Sean Nowling) INDUCED THE STATE'S (Respondent) CASE-IN-CHIEF VIA ERRONEOUS OR …
21-21 Caroline Ross v. Judson Independent School District Fifth Circuit 2021-07-08 Denied administrative-law cross-examination due-process fourteenth-amendment hearsay-evidence non-renewal procedural-rules school-board school-board-non-renewal state-law-violation 1. Petitioner was deprived of due process when the tribunals below materially misapprehended the record. They held that there was no objection to admi…
20-8416 Raul Ramos v. United States Fifth Circuit 2021-06-25 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure cross-examination due-process hearsay-evidence sentencing-guidelines sixth-amendment united-states-v-haymond Whether the district court's reliance on hearsay evidence to impose a guideline sentence of life violates Ramos's right to confront and cross-examine …
20-8266 Eric Lucas v. Florida Department of Corrections, et al. Eleventh Circuit 2021-06-09 Denied Response WaivedIFP 14th-amendment 6th-amendment confrontation-clause constitutional-rights due-process hearsay hearsay-evidence ineffective-assistance jury-trial prosecutorial-misconduct sixth-amendment Whether Petitioner 's Constitutional Rights Under The 5th, 6th And 14th Amendments Were Violated When The State 's Motions To Allow Hearsay Evidence…
20-8151 Marcus D. Williams v. California California 2021-05-26 Denied IFP confrontation-clause constitutional-evidence criminal-procedure due-process evidence-admissibility forensic-evidence forensic-testing hearsay hearsay-evidence testimonial-statement testimonial-statements 1. What degree of formality is necessary before hearsay statements contained within a forensic testing report which connect an accused to the testing …
20-1565 Michael Ryan Mitchan v. United States Fifth Circuit 2021-05-11 Denied Response Waived confrontation-clause criminal-procedure due-process hearsay hearsay-evidence relevant-conduct sentencing-guidelines 1. Should defendants in criminal cases be permitted to confront witnesses against them at sentencing when their uncorroborated hearsay statements are …
20-7556 Terrence A. McKnight v. R. Johnson, et al. Ninth Circuit 2021-03-25 Denied Response WaivedIFP 9th-circuit appellate-review criminal-procedure due-process habeas-corpus harmless-error hearsay-evidence prosecutorial-misconduct standards-of-review 1. Under 28 U.S.C. § 2254(d) (1)& (2), did the California Court of Appeal unreasonably determine that the established prosecutorial misconduct in rely…
20-7531 Baidehi L. Mukherjee v. The Childrens Mercy Hospital Eighth Circuit 2021-03-23 Denied IFP after-acquired-evidence appellate-review civil-procedure due-process employment-discrimination equal-protection hearsay-evidence jury-instructions standard-of-review summary-judgment 1. Should the violation of Standard of Review for Summary Judgment be allowed to stand uncorrected? 2. Should the violation of Federal Rules of Civil…
20-7443 Rotimi Salu, et al. v. Denise Miranda, et al. Second Circuit 2021-03-12 Denied Response WaivedIFP 14th-amendment administrative-procedure administrative-review confrontation-clause due-process employment-termination healthcare-workers hearsay-evidence state-agency state-agency-adjudication 1. By declining inquiry into a State agency's denial of due process to accused healthcare workers (e.g., the Petitioners), but instead deferring to th…
20-6856 Lavon Oden v. Neil Turner, Warden Sixth Circuit 2021-01-14 Denied Response WaivedRelisted (2)IFP confrontation-clause cross-examination effective-assistance-of-counsel hearsay hearsay-evidence ineffective-assistance prosecutorial-misconduct sixth-amendment Was LaVon Oden's Sixth Amendment:.Confrontation Clause right to directly confront witnesses; the right to cross examine adverse witnesses violated, wh…
20-6141 David William Smith v. United States Fourth Circuit 2020-10-27 Denied Response WaivedIFP burden-of-proof confrontation-clause evidence-rule-701 expert-testimony hearsay-evidence law-enforcement-testimony lay-opinion professional-experience rule-701 rule-702 testimonial-hearsay This Petition will permit the Court to resolve two profound splits among the federal courts of appeals. The first circuit split concerns when, if at …
20-5902 Larry Burt Sexton v. Tennessee Tennessee 2020-10-05 Denied Response WaivedIFP career-offender criminal-procedure due-process fourteenth-amendment hearsay hearsay-evidence parole-consideration sentencing Error by the trial court in admitting hearsay evidence at the sentencing hearing and by finding that the petitioner was a career offender and sentenci…
20-5183 Keith Hoglund v. Ron Neal, Warden Seventh Circuit 2020-07-27 Denied Response WaivedIFP constitutional-amendments constitutional-rights due-process expert-testimony fourteenth-amendment harmless-error hearsay-evidence procedural-rights sixth-amendment Issue I: Whether the lower court(s) violated Keith Hoglund 's substantive and procedural due process rights by their holding(s) that there was no rea…
19-1474 Tyler Herndon v. Pennsylvania Pennsylvania 2020-07-08 Denied Response Waived collateral-order-doctrine criminal-procedure due-process habeas-corpus habeas-corpus-relief hearsay-evidence right-to-counsel sixth-amendment A. Whether the Pennsylvania Supreme Court's refusal to review the Trial Court's Denial Order on a Petition for Habeas Corpus Relief, in a case where a…
19-8763 James Delglyn v. Paulino Barros, et al. Wisconsin 2020-06-19 Denied Response WaivedIFP burden-of-proof credit-report credit-reporting debt-verification hearsay-evidence judicial-procedure state-statutes wisconsin-law wisconsin-supreme-court 1. Is it reasonable to demand verification of an alleged debt in the form of a written contract, evidence of a transaction or a sworn statement from a…
19-8454 Michael Boykin v. Mark S. Inch, Secretary, Florida, Department of Corrections, et al. Eleventh Circuit 2020-05-14 Denied Response WaivedIFP affidavit certificate-of-appealability civil-procedure cumulative-evidence declaration hearsay-evidence in-forma-pauperis ineffective-assistance martinez-rule poverty procedural-default redress 1. Whether the circuit court erred by denying a certificate of appealabilit y for an ineffective assistance claim because the omitted evidence was ina…
19-8302 Richard H. Morrison v. Florida Florida 2020-04-19 Denied IFP burden-of-proof due-process habitual-offender hearsay hearsay-evidence judicial-notice preponderance-of-evidence prison-release-reoffender sentencing-enhancement It is true the state has the burden of proving by a preponderance of the evidence that the defendant qualifies as a PRR as defined in the statute Flor…
19-8298 David M. Kissi v. United States District Court for the District of Maryland Fourth Circuit 2020-04-18 Denied IFP civil-rights criminal-procedure due-process fbi fbi-warrant fourth-amendment hearsay hearsay-evidence miranda-rights search-and-seizure Whether the trial court overlooked evidence that the FBI had Petitioner arrested and searched his home with writs that were inadmissible because they …
19-8020 Walter Freeman Jordan, III v. United States Fifth Circuit 2020-03-17 Denied Response WaivedIFP aiding-and-abetting criminal-procedure evidence-admission federal-rules-of-criminal-procedure federal-rules-of-evidence fifth-circuit harmless-error hearsay hearsay-evidence standard-of-review I. On Appeal WALTER JORDAN argued that the erroneous admission of hearsay evidence that he was the brother of one of the co-defendants caught leaving …
19-7511 Frank Deville, et ux. v. Court of Appeal of California, Second Appellate District, et al. California 2020-01-31 Denied IFP civil-procedure concealing-material-facts conflict-of-law constitutional-rights due-process federal-law fraud-particularity hearsay-evidence judicial-procedure legal-standards liberal-amendment material-facts standing iaSSEsSsSHSSSt iS thaUegal?^ ^ there should be liberal ability to amend (Roland v. Christian, 69 Cal. 2d 108, 112) . ■ ,not what we believe it to be. …
19-7309 James Milton Dailey v. Florida Florida 2020-01-15 Denied Amici (5)Relisted (5)IFP capital-punishment chambers-exception chambers-v-mississippi codefendant-confession due-process fifth-amendment hearsay hearsay-evidence innocence parole third-party-confession Since being convicted of murder and sentenced to death in 1987, Petitioner James Dailey has steadfastly maintained his innocence. No eyewitness, physi…
19-7302 Latefah Shampine v. Sarver's Realty, et al. Sixth Circuit 2020-01-15 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights due-process evidence-and-witnesses forced-drugging forced-medication free-speech hearsay hearsay-evidence involuntary-treatment judicial-misconduct jurisdiction-dispute racial-discrimination standing Constitutionally speaking, how could Petitioner retain an attorney when she was forced to plead guilty, in Judge Kathleen Satula court, to a horrendou…
19-6923 Adrian Alaniz v. Scott Frauenheim, Warden Ninth Circuit 2019-12-13 Denied Response WaivedIFP certificate-of-appealability confrontation-clause confrontation-clause-violation due-process harmless-error hearsay hearsay-evidence justifiable-homicide manslaughter prejudice prosecutorial-misconduct second-amendment self-defense standard-of-review I. Where the evidence tended to favor a verdict of justifiable homicide or a lesser verdict of manslaughter, has Petitioner presented a "debatable " i…
19-6384 Dieugrand Jacques v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-10-24 Denied Response WaivedIFP appellate-review constitutional-rights due-process fabricated-evidence false-evidence hearsay-evidence ineffective-assistance-of-counsel judicial-review post-conviction-relief right-to-appeal sex-offender-registration wrongful-conviction 1. Why thousands of men and women like myself ;in this great country should continue to be kept illegally in prison only because a lawyer presented a…
19-394 Sergio Mejia-Duarte v. United States Eleventh Circuit 2019-09-24 Denied Response Waived criminal-procedure due-process extradition-treaty fair-trial federal-rules-of-evidence fre-403 fre-404(b) hearsay-evidence international-extradition international-law treaty unrelated-murder I. WHETHER A CRUCIAL MANDATE OF THE INTERNATIONAL EXTRADITION TREATY BETWEEN THE UNITED STATES AND HONDURAS WAS VIOLATED WHEN THE PROSECUTION AT TRIAL…
19-5796 Alfredo Beltran Leyva v. United States District of Columbia 2019-09-03 Denied Amici (1)Response WaivedIFP circuit-split confrontation-clause constitutional-review criminal-procedure due-process hearsay hearsay-evidence sentencing sentencing-review standard-of-review After pleading guilty to federal narcotics charges, Petitioner was sentenced to life imprisonment based entirely on unverified in-court testimony by a…
18-9755 Sammy Redi Araya v. United States Fourth Circuit 2019-06-21 Denied Response WaivedIFP business-records due-process fourth-circuit-review hearsay hearsay-evidence identification insufficient-evidence perjury perjury-challenge standard-of-review sufficiency-of-evidence I. Whether the Fourth Circuit erred by failing to find that the District Court compromised Mr. Araya's Constitutional Rights to a Fair Jury Trial by f…
18-9202 Edilberto Maso Diaz v. United States Fifth Circuit 2019-05-08 Denied Response WaivedIFP co-conspirator co-conspirator-testimony confrontation-clause conspiracy criminal-conviction criminal-procedure cumulative-error due-process evidence evidentiary-sufficiency fifth-circuit-review hearsay hearsay-evidence hearsay-statements jury-instructions standard-of-review trial-procedure 1) Did the Fifth Circuit err by affirming the district court admission of hearsay statements made by an unindicted co-conspirator over the objection o…
18-1275 Xiaohua Huang v. Huawei Technologies Co., Ltd. Federal Circuit 2019-04-05 Rehearing Response WaivedRelisted (2) civil-procedure-fraud-on-the-court civil-rights discovery due-process fraud-on-court fraud-on-the-court hearsay-evidence judicial-misconduct patent patent-infringement sanctions standing summary-judgment As pointed out by District Judge J. Owen Forrester in Sklar v. Clough, 2007 U.S. Dist. LEXIS 49248 (N.D. Ga. July 6, 2007), "a district court may cons…
18-8569 Melvin Bonnell v. Ohio Ohio 2019-03-26 Denied IFP appellate-review capital-punishment dna-evidence dna-testing due-process hearsay hearsay-evidence prosecutorial-misconduct In 1988, before DNA was widely available as a forensic tool, Melvin Bonnell was convicted and sentenced to death. Trial testimony established that blo…
18-1076 In Re Robert K. Hudnall 2019-02-19 Denied Response WaivedRelisted (2) civil-rights conflict-of-interest due-process hearsay hearsay-evidence jurisdiction personal-jurisdiction secret-hearing service-of-process standing subject-matter-jurisdiction May a State Supreme Court that is granted only appellate jurisdiction as a matter of law by the state constitution: Exercise personal jurisdiction wi…
18-1046 Virginia Callahan, et al. v. Pacific Cycle, Inc. Fourth Circuit 2019-02-11 Denied Response Waived abuse-of-discretion appellate-review circuit-court-split circuit-split civil-procedure de-novo-review evidence evidence-admissibility evidentiary-ruling hearsay hearsay-evidence judicial-discretion standard-of-review When reviewing a district court's ruling to admit hearsay into evidence, should the Court of Appeals apply an abuse of discretion standard or engage i…
18-7228 Dashawn D. Brown v. United States Fourth Circuit 2019-01-04 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-sufficiency excited-utterance excited-utterances hearsay hearsay-evidence prior-identification residual-hearsay-exception sentencing sentencing-error supervised-release 1. WHETHER THE SENTENCING COURT ERRED IN ADMITTING HEARSAY STATEMENTS AS EXCITED UTTERANCES. 2. WHETHER THE COURT ERRED IN ADMITTING HEARSAY STATEMEN…
18-7220 Pashtoon Farooqi v. California California 2019-01-03 Denied IFP bill-of-attainder civil-commitment civil-rights constitutional-challenge due-process hearsay-evidence jury-instruction mental-disorder sexually-violent-predator vagueness Does the California version of its Sexually Violent Predators Act (SVPA) violate the precedents of this Court, and is it therefore unconstitutional? …
18-246 Mary L. Doherty, et al. v. Allstate Indemnity Company Third Circuit 2018-08-27 Denied anderson-v-liberty-lobby due-process expert-witness expert-witness-reports expert-witness-testimony fifth-amendment hearsay hearsay-evidence insurance-contract jury-trial mend-the-hold mend-the-hold-doctrine seventh-amendment summary-judgment Whether the affirmed Rule 56 summary judgment decision is inconsistent with the standard set forth in Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1…
18-5646 Syrus Martin v. Georgia Georgia 2018-08-20 Denied Response WaivedIFP child-hearsay child-testimony cross-examination evidence evidence-admissibility evidence-law hearsay hearsay-evidence hearsay-exceptions prior-statements statutory-interpretation testifying-witness witness-statements Whether Georgia's child hearsay statutes or O.C.G.A. § 24-8-801 (d) (1) (A) control the permissible use of the prior statements of a testifying child.
18-5433 Helen Atkins v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2018-08-01 Denied Response WaivedIFP closing-argument constitutional-rights due-process effective-assistance-of-counsel fair-trial hearsay-evidence ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct right-to-testify sixth-amendment speedy-trial 1. WAS THE PETITIONER DENIED HER RIGHT TO A FAIR TRIAL WHEN THE TRIAL COURT OVERRULED HER OBJECTION TO PROSECUTOR'S CLOSING ARGUMENT AND WAS THE PETIT…
18-5266 Michael Ferguson v. United States Sixth Circuit 2018-07-18 Denied Response WaivedIFP advisory-guidelines arrest-records bare-arrest-records dismissed-charges due-process evidence-reliability hearsay hearsay-evidence reliability-standard sentencing sentencing-guidelines sixth-amendment (1) What standard of scrutiny does Due Process require courts to use when evaluating the reliability of evidence courts rely on to impose a sentence? …
18-5189 Glenvert Green v. United States Third Circuit 2018-07-10 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process fifth-amendment hearsay hearsay-evidence sentencing sentencing-procedure sixth-amendment victim-impact-statement victim-impact-statements A. Do the Sixth and Fifth Amendments provide a criminal defendant with a right to cross-examine a government witness who testifies during a sentencing…