jury
112 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-5113 | Steven Alexander Mantecon v. Florida | Florida | 2024-07-18 | Denied | IFP | constitutional-right criminal-defendant criminal-procedure due-process felony felony-offense fourteenth-amendment jury jury-trial sixth-amendment trial-procedure | 1. Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense. |
| 23-7581 | Glenn D. Odom, II v. Scott Jordan, Warden | Sixth Circuit | 2024-05-29 | Denied | Response WaivedIFP | conflict-counsel conflict-of-counsel constitutional-rights criminal-procedure criminal-rights due-process jury jury-questioning pro-se-defense waiver witness witness-testimony | Please help uS T The ComfnonweAlhh ©h !Aer\hucKy V\a$ ndophed aa unconshihuhioned pAhtern And pfAthic^ Allowing Cour4 Appealed UvuyerS ho lolurh ©uh… |
| 23-7050 | David Phillip Ryan v. Florida | Florida | 2024-03-21 | Denied | Response WaivedIFP | civil-procedure constitutional-interpretation criminal-procedure due-process fourteenth-amendment jury jury-composition jury-trial sixth-amendment standing | Whether the jury guaranteed by the Sixth and Fourteenth Amendments is a 12-person jury? |
| 23-6806 | Bruce Wayne Harp v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2024-02-22 | Denied | IFP | criminal-justice criminal-procedure due-process jury jury-impartiality justice-system obstruction-of-justice penal-code pre-trial trial-rights | WHEN DOES PENAL CODE 2I.OZ ADULTERATE THE Justice system ,jMstructir /a due process , A WRTRtAL AMD AN IMPARTIAL JURY ?r |
| 23-721 | Gayle Killilea v. Richard M. Coan, et al. | Second Circuit | 2024-01-04 | Denied | Response RequestedResponse WaivedRelisted (2) | avoidance-action bankruptcy-law civil-procedure evidence expert-testimony federal-rules-of-evidence jury property-transfer rules-of-evidence statutory-interpretation trust | This case arises out of a fraudulent conveyance action. It concerns whether certain real estate located in Ireland was held in trust—a question of fac… |
| 23-6078 | Timothy Ray Jones, Jr. v. South Carolina | South Carolina | 2023-11-21 | Denied | IFP | capital-punishment capital-sentencing due-process eighth-amendment insanity-defense jury jury-instructions not-guilty-by-reason-of-insanity voir-dire | 1. Whether the Due Process Clause and the Eighth Amendment require that a jury, as the sentencer in a capital case, be told the truth about the effect… |
| 23-6013 | Calvin Cogdill v. United States | Sixth Circuit | 2023-11-15 | GVR | Relisted (2)IFP | armed-career-criminal-act constitutional-procedure criminal-sentencing fifth-amendment indictment jury reasonable-doubt sixth-amendment statutory-interpretation | May a district court judge properly find, by a preponderance of the evidence, the uncharged, non-elemental fact that a person committed three prior of… |
| 23-5971 | Kevondric Fezia v. United States | Fifth Circuit | 2023-11-07 | Denied | Response WaivedIFP | closing-arguments confrontation-clause criminal-procedure due-process hearsay jury non-testifying-witness prosecutorial-argument sixth-amendment witness-testimony | Does the Confrontation Clause apply to statements made by a prosecutor during closing arguments that detail for the jury what a non-testifying witness… |
| 23-5711 | Mitchell D. Green v. Wisconsin | Wisconsin | 2023-10-04 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | admissible-evidence constitutional-law criminal-procedure double-jeopardy due-process jury jury-impartiality mistrial trial-rights | In Arizona v. Washington, 434 U.S. 497, 98 S.Ct. 824, 54 L.Ed.2d 717 (1978) this Court addressed under what circumstances the Double Jeopardy Clause p… |
| 23-5088 | Quinton Troy Hall v. United States | Sixth Circuit | 2023-07-13 | Denied | Response WaivedIFP | constitutional-rights due-process jury jury-finding methamphetamine methamphetamine-distribution preponderance-of-evidence sentencing sixth-amendment | WAS IT A VIOLATION OF THE UNITED STATES CONSTITUTION, SIXTH AMENDMENT WHEN THE TRIAL COURT SENTENCED THE PETITIONER TO A TERM OF 360 MONTHS. THE JURY … |
| 22-7155 | Kalid Koron Ocean-Avent v. United States | Fourth Circuit | 2023-03-30 | Denied | Response WaivedIFP | burden-of-proof criminal-law criminal-procedure due-process evidence evidentiary-errors fair-trial firearm firearm-possession jury reasonable-doubt | I. Whether the Government proved beyond a reasonable doubt that Mr. Ocean-Avent possessed a firearm. II. right to a fair trial. |
| 22-6651 | Michael Vanous v. United States | Fifth Circuit | 2023-01-27 | Denied | Response WaivedIFP | criminal-procedure guidelines ineffective-assistance judicial-discretion jury pretrial-proceedings sentencing sentencing-guidelines sixth-amendment | Question 1: Was defense counsel ineffective in the pretrial proceedings? Question 2: Was it a violation of the Sixth Amendment to sentence outside th… |
| 22-6477 | Claudius English, aka Jay Barnes, aka Brent English v. United States | Second Circuit | 2023-01-06 | Denied | Response WaivedIFP | conviction conviction-challenge due-process dunn-v-united-states fifth-amendment indictment indictment-theory interstate-commerce jury kidnapping-statute | Whether the lower courts' affirmance of English's conviction on the basis of a theory not charged in the indictment or argued to the jury and advanced… |
| 22-5733 | Robert Brown, II v. United States | Sixth Circuit | 2022-10-03 | Denied | Response WaivedIFP | appellate-review criminal-procedure criminal-trial evidence fair-trial jury jury-bias perjury perjury-evidence rico rico-conspiracy sixth-amendment | The Government here alleged the Seven Mile Bloods operated as an enterprise in Detroit, Michigan, in an area known as the "Red Zone." The Government a… |
| 22-5458 | Kenneth Lainell Davis v. Florida | Florida | 2022-08-29 | Denied | IFP | criminal-defendant criminal-procedure criminal-trial due-process eighth-amendment felony jury jury-composition juvenile-sentencing mandatory-minimum sixth-amendment | 1. Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense. 2. Whether the imposition of a … |
| 22-5341 | Ted Amparan v. M. Eliot Spearman, Warden | Ninth Circuit | 2022-08-11 | Denied | IFP | alleyene-v-united-states apprendi-v-new-jersey criminal-sentencing due-process exhaustion habeas-corpus jury jury-determination sentencing sentencing-procedure sixth-amendment | 1) Did the State Violate Supreme Court precedent of Apprendi v. New Jersey and Alleyne v. United States by having a sentencing judge not the jury make… |
| 22-5343 | In Re Quelyory A. Rigal | 2022-08-11 | Denied | IFP | criminal-procedure due-process duplicitous-indictment fifth-amendment habeas-corpus jury non-unanimous-verdict sixth-amendment | 1. Whether a non-unanimous verdict in C.D.FL. # 0:12-cr-60088-WPD, in violation of the Fifth Amendment and Sixth Amendment, is plain error, reversible… | |
| 22-5102 | Nathaniel Louis Daniels v. United States | Fourth Circuit | 2022-07-13 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | 6th-amendment armed-career-criminal-act criminal-procedure judge judicial-discretion jury jury-determination sentencing-enhancement sixth-amendment statutory-interpretation | Whether the Sixth Amendment requires that a jury, rather than a judge, resolve whether prior crimes were "committed on occasions different from one an… |
| 22-5033 | Curtis Chewning v. Florida | Florida | 2022-07-05 | Denied | Response WaivedIFP | charging-information court-fraud due-process fraud jury jury-trial reasonable-doubt sentencing unlawful-seizure | Question (1) WHETHER DUE PROCESS OF LAW IS VIOLATED WHERE A SENTENCE IS INCREASED BASED UPON FACTS NOT INHERENT IN THE CHARGING INFORMATION OR PROVE… |
| 21-8178 | Jing Hua Wu v. Eric Arnold, Warden, et al. | Ninth Circuit | 2022-06-17 | Denied | IFP | civil-rights constitutional-rights due-process evidence-fabrication habeas-corpus ineffective-assistance jury prosecutorial-misconduct standing trial-procedure | I. Jury Misconduct In applying 28 USC § 2254 (d)(1)(2.), both the state Courts' and Federal Courts' decisions were based on an unreasonable determinat… |
| 21-8076 | Siva K. Durbesula v. United States | Fourth Circuit | 2022-06-07 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure enhanced-punishment enhanced-punishments judicial-fact-finding jury sixth-amendment special-assessment speedy-trial-act supervised-release | 1) WHETHER THE SIXTH AMENDMENT REQUIRES A JURY RATHER THAN A JUDGE TO DETERMINE FACTS WHICH ARE USED TO APPLY ENHANCED PUNSIHMENTS INCLUDING THE PERIO… |
| 21-7355 | Jon Charles Vance v. United States | Sixth Circuit | 2022-03-14 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process fifth-amendment jury reasonable-doubt | Whether the Petitioner Jon Charles Vance was denied his fundamental right under the Fifth Amendment to Due Process when the Jury failed to find him Gu… |
| 21-1225 | The Estate of Dillon Taylor, et al. v. Salt Lake City, Utah, et al. | Tenth Circuit | 2022-03-09 | Denied | Response RequestedRelisted (2) | civil-procedure civil-rights excessive-force jury law-enforcement material-dispute qualified-immunity summary-judgment tenth-circuit | 1. Whether the Tenth Circuit impermissibly expanded the judicially-created doctrine of qualified immunity to shield an officer where there is a subs… |
| 21-7296 | Frank C. Gonzalez v. California | California | 2022-03-07 | Denied | IFP | 5th-amendment 6th-amendment aggravating-circumstances constitutional-rights death-penalty due-process fifth-amendment jury jury-finding sixth-amendment | Does California's death penalty scheme, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt the ex… |
| 21-6164 | Julia Lagunas-Hernandez v. United States | Eighth Circuit | 2021-11-04 | Denied | Response WaivedIFP | burden-of-proof cell-phone-search constitutional-rights defense-counsel fair-trial jury marital-communication marital-communications prosecutorial-misconduct trial-strategy | 1. Whether the United States committed prosecutorial misconduct, depriving Petitioner of a fair trial when it shifted burden of proof by stating that … |
| 21-6132 | Shelton Marbury v. United States | District of Columbia | 2021-10-29 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process external-influence government-burden jury jury-influence presumption-of-prejudice sixth-amendment | Whether under the Sixth Amendment, once a defendant has presented evidence that an external influence has reached his jury, a presumption of prejudice… |
| 21-5918 | Susan Lloyd v. Joshua Thornsbery, et al. | Ohio | 2021-10-06 | Denied | IFP | civil-rights constitutional constitutional-violation due-process fair-trial judicial-misconduct jury jury-integrity oath-of-office state-judges | 1. Are retired state judges constitutional? 2. Is a litigant given a fair trail by jury when judge has no oath of office, irrelevant facts are focuse… |
| 21-5555 | Ross Allen Hartwell v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-09-01 | Denied | Relisted (2)IFP | appellate-procedure civil-rights due-process fair-trial jurisdictional-limits jury legal-interpretation sixth-amendment standing state-court statutory-interpretation | Does the Supreme Court Sanction vs. Washington delete US 068 (4284) lower Courts to present defense atheists to Violate co defendants Cig to a fair an… |
| 21-115 | Ivan Rosario v. United States | Second Circuit | 2021-07-28 | Denied | Response Waived | 6th-amendment criminal-sentencing due-process fifth-amendment judicial-factfinding jury jury-trial reasonable-doubt sentencing sixth-amendment | Whether the Fifth Amendment's Due Process Clause and the Sixth Amendment's right to trial by jury protect criminal defendants from being sentenced bas… |
| 21-5012 | Brian David Johnsen v. California | California | 2021-07-06 | Denied | IFP | death-penalty due-process jury reasonable-doubt ring-v-arizona sentencing | Does California's death penalty scheme, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt the ex… |
| 20-7981 | Stephen Nivens v. J. Phillip Morgan, Warden, et al. | Fourth Circuit | 2021-05-11 | Denied | Response WaivedIFP | charging-document constitutional-rights double-jeopardy duplicitous duplicitous-charging fifth-amendment jury jury-trial multiplicitous multiplicitous-charging | Whether the Petitioner has a right to be free from Double Jeopardy, after the jury was sworn in and with the jury ruling upon Count 5 and Count 6 purs… |
| 20-7959 | Thomas J. Connerton v. United States | Second Circuit | 2021-05-07 | Denied | Response WaivedIFP | criminal-procedure due-process judicial-inquiry juror-discharge jury jury-selection reasonable-doubt sixth-amendment | 1. Should certiorari be granted where the District Court discharged a juror, without "good cause" under rule 23(b)(3) of the Federal Rules of Criminal… |
| 20-7765 | Jared Andrew Martin v. California | California | 2021-04-14 | Denied | IFP | civil-procedure constitutional-vagueness criminal-procedure criminal-statute culpability due-process evidence jury mens-rea standing statutory-interpretation | Question not identified. |
| 20-7579 | Donald Phillips v. Texas | Texas | 2021-03-29 | Denied | IFP | 6th-amendment constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel judicial-misconduct juror-misconduct jury prosecutorial-misconduct sixth-amendment trial-procedure | 1. Is it proper or a violation of the 6th Amendment due process law for a defense attorney to discover that during testimony in trial one of the juror… |
| 20-7586 | Phillip Blough v. United States | Sixth Circuit | 2021-03-26 | Denied | Response WaivedIFP | civil-rights criminal-conduct due-process judicial-error jury jury-instructions legal-prejudice right-to-fair-trial trial-by-jury trial-procedure | A common-sense extension of the right to a trial by jury is the right to a jury informed of relevant and non-confusing jury instructions. Here, the tr… |
| 20-7353 | Fivea Sharipoff v. Rob Persson, Superintendent, Coffee Creek Correctional Institution | Ninth Circuit | 2021-03-08 | Denied | IFP | collateral-review constitutional-rights criminal-trial due-process evidence habeas-corpus jury meaningful-defense non-unanimous-jury retroactivity sixth-amendment | I. Whether, in a case where the jury question was whether Petitioner acted with extreme indifference to the value of human life when she made a drivin… |
| 20-7031 | Jose Diaz, aka Cano v. United States | Second Circuit | 2021-02-03 | Denied | Response WaivedIFP | constitutional-rights due-process fair-trial juror-deliberations juror-misconduct jury jury-instructions jury-misconduct trial-court-inquiry trial-procedure | Should this Court, in order to safeguard a defendant's rights to due process and a fair and impartial jury, clarify the extent to which a trial court … |
| 20-1025 | Juan Francisco Vega v. Ashley Moody, Attorney General of Florida, et al. | Eleventh Circuit | 2021-01-28 | Denied | antiterrorism-act civil-rights constitutional-interpretation due-process florida-constitution florida-rules-of-court florida-statutes involuntary-commitment jury jury-verdict mental-abnormality | 1. WHETHER THE JURY'S VERDICT MUST BE REINSTATED BASED ON THE UNITED STATES CONSTITUTION, FLORIDA CONSTITUTION, STATUTES, AND FLORIDA RULES OF COURT? … | |
| 20-6811 | Jesus Eder Moreno Ornelas v. United States | Ninth Circuit | 2021-01-08 | Denied | Relisted (2)IFP | attempted-murder due-process felon-in-possession firearms jury plain-error-review rehaif-standard sentencing-guidelines sixth-amendment | A. The government failed to overcome the presumption of innocence when the jury could not reach a verdict on an attempted murder count. Did it violate… |
| 20-910 | Anthony M. Lee v. Heath Parshall | Seventh Circuit | 2021-01-08 | Denied | civil-rights due-process judicial-discretion jury jury-selection racial-bias section-1983 standing voir-dire | 1. Whether the district court's refusal to probe potential jurors for bias or prejudice was an abuse of discretion under Rule 47(a). 2. Whether the d… | |
| 20-6762 | James W. Knipfer v. Reed A. Richardson, Warden | Seventh Circuit | 2021-01-04 | Denied | Response WaivedIFP | civil-rights constitutional-rights court-jurisdiction due-process federal-court habeas-corpus judicial-misconduct jurisdiction jury jury-trial procedural-due-process | I. CAN THERE BE A "PERPETUAL JURY", "PHANTOM JURY", "FOREVER JURY" or a "JURY on a JUDGES WHIM", in the UNITED STATES? II. DID THE 7th CIRCUIT CASE L… |
| 20-860 | Ryan Randall Gilbertson v. United States | Eighth Circuit | 2020-12-30 | Denied | Response RequestedResponse WaivedRelisted (2) | constitutional-rights criminal-procedure criminal-restitution due-process jury jury-determination procedural-due-process reasonable-doubt sentencing sixth-amendment | Whether the Sixth Amendment prohibits a court from imposing criminal restitution on a defendant based on facts not found by the jury beyond a reasonab… |
| 20-5727 | Martez LaJuan Edwards v. United States | Sixth Circuit | 2020-09-16 | Denied | Response WaivedIFP | civil-rights constitutional-rights criminal-procedure due-process evidence evidence-suppression fourth-amendment jury probable-cause search-and-seizure standing | Question not identified. |
| 20-5689 | Orlando Bell v. United States | District of Columbia | 2020-09-14 | Denied | IFP | acquitted-conduct constitutional-rights due-process fifth-amendment jury sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a defendant's sentence on conduct for which the jury acquitted the defenda… |
| 20-5693 | In Re Terron Garhard Dizzley | 2020-09-14 | Denied | Relisted (2)IFP | burden-of-proof constitutional-rights double-jeopardy fifth-amendment hung-jury jury mistrial trial-procedure unanimous-verdict | 1. Whether the judges ruling that the jury's failure to reach a unanimus decision was not a failure on the jury's part, (" That's actually a strong me… | |
| 20-5646 | Sean Justin Owens v. United States | Eleventh Circuit | 2020-09-10 | Denied | Relisted (3)IFP | appellate-review armed-career-criminal-act commerce-clause criminal-conviction firearm-possession jury prior-conviction prior-convictions rehaif-v-united-states sentencing serious-drug-offense | 1. Whether, in cases charged and tried to a jury before this Court decided Rehaif v. United States, 139 S. Ct. 2191 (2019), courts of appeals may affi… |
| 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… |
| 20-5059 | Christopher Goodin v. United States | Sixth Circuit | 2020-07-14 | Denied | Response WaivedIFP | child-protection constitutional-rights criminal-penalty criminal-punishment jury jury-trial mandatory-restitution mandatory-statute restitution sexual-exploitation sixth-amendment | Does the Constitution's guarantee of trial by jury extend to awards of restitution under the Mandatory Restitution For Sexual Exploitation of Children… |
| 19-8755 | Levi West v. United States | Sixth Circuit | 2020-06-19 | Denied | Response WaivedIFP | apprendi-doctrine armed-career-criminal-act constitutional-interpretation conviction-records criminal-procedure jury jury-trial sentencing sentencing-enhancement sixth-amendment | The Armed Career Criminal Act enhances the statutory penalty for a firearms offense when the offender has three predicate convictions for crimes that … |
| 19-8601 | William Cornell Walker v. Minnesota | Minnesota | 2020-06-04 | Denied | Response WaivedIFP | age-discrimination civil-rights due-process equal-protection exculpatory-evidence false-testimony jury jury-composition peer-selection police-misconduct racial-bias | 1. Whether jurors twice your age can be considered your peers, the jury of 12 were not my peers except for one or two 11 has nothing to do with being … |
| 19-8545 | Duane Blake v. Florida | Florida | 2020-05-27 | Denied | Response WaivedIFP | appellate-review constitutional-rights criminal-procedure due-process evidence expert-witness jury post-conviction-relief procedural-default | P/D Pf/L 'S'Tfifg. /2o/£/£/<* l/foiATTZ fi((s>ti'T ^ pftdC&SS pf A LLo^Ji AJ& AAJ SPIRIT/of) 7s /(~i&~ csfi-csj of/ Appz '/t'pp7/£-P /i/)an s£/\ti(p… |
| 19-8547 | Joseph D. Blueford v. Timothy Hooper, Warden | Fifth Circuit | 2020-05-27 | Denied | IFP | appellate-review due-process fair-trial harmless-error impartial-tribunal judicial-discretion jury jury-competence sixth-amendment | Does a petitioner have the right to a fair and impartial trial when a juror does not hear or understanding the evidence being provided? |
| 19-1307 | Edward Thomas, Warden v. William Leroy Barnes | Fourth Circuit | 2020-05-20 | Denied | actual-prejudice brecht-v-abrahamson criminal-conviction criminal-procedure due-process federal-habeas-review fourth-circuit habeas-corpus juror-misconduct jury jury-contact precedent-interpretation substantial-effect | Did the Fourth Circuit misapply this Court's precedents by granting habeas relief where there was no evidence that a juror's contact with a third part… | |
| 19-8335 | Mitchell Willoughby v. Deedra Hart, Warden | Sixth Circuit | 2020-04-22 | Denied | IFP | caldwell-precedent capital-sentencing closing-argument death-penalty jury jury-instructions prosecutor prosecutorial-misconduct sixth-circuit state-law voir-dire | "The uncorrected suggestion that the responsibility for any ultimate determination of death will rest with others presents an intolerable danger that … |
| 19-1172 | Mark Targowski v. Zachary Lee Rawlins | Eighth Circuit | 2020-03-27 | Denied | Response Waived | 8th-circuit civil-procedure civil-rights direct-appeal due-process evidence evidence-standard jury per-curiam reasonable-jury standing verdict writ-of-certiorari | Whether no reasonable jury could have reached the same verdict based on the evidence submitted. |
| 19-7864 | Derek Crosby v. Illinois | Illinois | 2020-03-03 | Denied | IFP | constitutional-challenge criminal-procedure criminal-sentencing due-process indictment jury jury-determination legislative-power sentencing separation-of-powers statutory-maximum | Whether The Legislature Can Remove The Facts From The Jury That Increase The Statutory Maximum ? Whether Defendant Was Properly Found Death Eligible … |
| 19-7690 | Devell Short v. Superintendent, State Correctional Institution at Greensburg, et al. | Third Circuit | 2020-02-20 | Denied | Response WaivedIFP | appeal appeal-rights castle-doctrine constitutional-rights due-process fair-trial judicial-misconduct jury jury-contamination jury-misconduct | WHETHER A MISCARRIAGE OF JUSTICE OCCURRED, DUE TO A MISTAKE AND BECAUSE OF A BREAKDOWN IN THE JUDICIAL OPERATION OF THE FEDERAL COURTS, WHEN IT FAILE… |
| 19-7475 | Douglas Edwin Ball, Jr. v. Michigan | Michigan | 2020-01-29 | Denied | IFP | 14th-amendment appeal civil-rights conviction dna-evidence due-process evidence insufficient-evidence jury jury-instructions unanimous-verdict | % - '^eTxTXctJEE' ? Dkt T&cceiz? iZx&Hvz uvfrsF- The Tv\>FTetoJTH 4^fwMiSvr hbf'E\ZXoC4TtO B>ECAr 1/5£T -Z~5 -2^W (p<s>5'5jr&^£' TO TAETFRM^tj & IaJH… |
| 19-7298 | James Lee Bell v. Florida | Florida | 2020-01-15 | Denied | Response WaivedIFP | apprendi-precedent blakely-rule criminal-procedure due-process judicial-discretion jury jury-trial mandatory-minimum recidivism recidivist-treatment sentencing sentencing-enhancement | Q 1: Was the limitation of Almendarez-Torres and the dictates of Apprendi and Blakely violated? Florida in deciding whether Petitioner qualified for r… |
| 19-7255 | Fernando Duran v. United States | Tenth Circuit | 2020-01-13 | Denied | Response WaivedIFP | acknowledgment criminal-procedure drug-possession due-process evidence evidence-standard jury narcotics-law reasonable-doubt | This case raises a fundamental question about the government's burden to prove a defendant's guilt beyond all reasonable doubt. The jury here convicte… |
| 19-7096 | David Lee Smith v. Rick Jackson | Fourth Circuit | 2019-12-30 | Denied | Response WaivedRelisted (2)IFP | civil-rights criminal-evidence criminal-procedure due-process evidence evidentiary-standard fingerprint fingerprint-analysis jury jury-confusion probable-cause standing wrongful-conviction | ARE 92954 PETITLONER(S\ ENTITLLEA TO REAAAND, INILTH INSTRUCTIONS FOR AISTRICT COURT TQ ORDER CASE ATSMISSED AITTH PREAUDICERECAUSE OF PROSEC.UTIPS ON… |
| 19-786 | Willie Kipyego Butia v. Virginia | Virginia | 2019-12-19 | Denied | Response Waived | constitutional-law constitutional-rights criminal-law criminal-procedure due-process fair-trial judicial-discretion jury jury-instructions statutory-interpretation | Is due process violated where the trial judge instructs the jury using words not found in the statute and in such a way that clearly expands the statu… |
| 19-6693 | Chris Rayvon Starks v. United States | Sixth Circuit | 2019-11-20 | Denied | IFP | armed-career-criminal-act criminal-procedure judge-finding jury jury-decision jury-determination predicate-offense predicate-offenses prior-convictions sentencing sentencing-enhancement sixth-amendment statutory-penalty | The fact that the defendant committed three predicate offenses "on occasions different from one another" an element of the ACCA for the jury to decide… |
| 19-6699 | Andrew McWhorter v. Indiana | Indiana | 2019-11-20 | Denied | Response WaivedIFP | acquittal amended-charges charging-information criminal-procedure deadly-weapon double-jeopardy due-process fifth-amendment jury | Whether the Double Jeopardy Clause of the Fifth Amendment barred the State of Indiana from "retrying" Petitioner for the 1) knowing 2) killing 3) of A… |
| 19-6591 | In Re Kenneth Uncapher | 2019-11-12 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment appellate-review constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel jury jury-bias jury-misconduct mistrial newly-discovered-evidence victim | I. Was the Petitioner denied a fair trial where a member of the jury told the judge he was accosted outside of the courtroom by members of the victim'… | |
| 19-6528 | Royce C. Gouveia v. Nolan Espinda, Director, Hawaii Department of Public Safety, et al. | Ninth Circuit | 2019-11-06 | Denied | IFP | acquittal constitutional-law criminal-procedure double-jeopardy double-jeopardy,criminal-procedure,jury,verdict,ac jury jury-verdict retrial verdict | Does a jury's execution of a verdict form acquitting the defendant, and announcement that it has reached a verdict, suffice to erect a double jeopardy… |
| 19-572 | Ravneet Singh v. United States | Ninth Circuit | 2019-10-31 | Denied | civil-procedure due-process evidence harmless-error jury jury-instructions standard-of-review standing sufficiency-of-evidence | 1. Whether, upon invalidating one of two alternative theories of liability presented to a jury, the reviewing court should ask if there is "sufficient… | |
| 19-468 | Keesha Elayne Frye v. United States | Fourth Circuit | 2019-10-09 | Denied | Response Waived | appellate-review burden-of-proof criminal-procedure due-process indictment indictment-redaction jury jury-deliberation jury-instructions meaningful-review redaction standard-of-review | What is the correct standard to determine whether a criminal defendant is denied meaningful appellate review when the district court destroys the only… |
| 19-5924 | James Hennessee v. United States | Sixth Circuit | 2019-09-12 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | apprendi-doctrine armed-career-criminal-act circuit-court constitutional-interpretation conviction-records criminal-procedure jury predicate-convictions sentencing sentencing-enhancement sixth-amendment | The Armed Career Criminal Act enhances the statutory penalty for a firearms offense when the offender has three predicate convictions for crimes that … |
| 19-5719 | Robert Keith Ray v. Colorado | Colorado | 2019-08-27 | Denied | IFP | 6th-amendment appellate-review apprendi apprendi-v-new-jersey boyde-standard boyde-v-california capital-case due-process jury jury-instructions sixth-amendment | In light of this Court's recent Sixth-Amendment jurisprudence emphasizing the constitutional primacy of the role of the jury, should this Court revisi… |
| 19-5442 | Shanta G. Phillips-Berry v. Kenner Police Department, et al. | Fifth Circuit | 2019-08-06 | Denied | IFP | abuse-of-discretion civil-procedure civil-rights constitutional-due-process due-process evidentiary-requirements fair-trial judicial-discretion jury jury-trial legal-standards standing trial-procedure | 1. What if district court abused its discretion by not relying on the erroneous legal premise that a citizen(s) of the state of Louisiana and this gre… |
| 19-5481 | Jomo Williams v. United States | Second Circuit | 2019-08-06 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment confrontation-clause confrontation-rights criminal-procedure due-process evidence federal-rule-of-evidence fifth-amendment jury sixth-amendment | 1) Were Petitioner's Fifth and Sixth Amendment due process rights obliterated where the district court, not only permitted the prosecution to insert i… |
| 19-141 | Jeffrey Fairbanks v. Indiana | Indiana | 2019-07-30 | Denied | Response Waived | criminal-conviction criminal-procedure due-process evidence evidentiary-rules ex-post-facto judicial-construction jury jury-instructions propensity-evidence reasonable-doubt vague-statute vagueness | 1. Whether the judiciary violated the Ex Post Facto Clause when it created a new evidentiary holding to excuse the impermissible use of propensity evi… |
| 19-5340 | Carl Prostell v. David Zook, Warden | Fourth Circuit | 2019-07-26 | Denied | Response WaivedIFP | appeal confrontation-clause constitutional-rights criminal-procedure due-process evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury post-conviction-relief reasonable-doubt sufficiency-of-evidence | WHETHER THE FOURTH CIRCUIT ERRED IN DEFERRING TO THE STATE COURT FINDING THAT THE EVIDENCE WAS SUFFICIENT TO FIND INTENT TO SUSTAIN A CONVICTION OF AG… |
| 19-5177 | James Alvin Chaney v. United States | Sixth Circuit | 2019-07-15 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fifth-amendment impartial-jury inter-circuit-split juror-allegation juror-misconduct jury sixth-amendment trial-court trial-procedure | Is a criminal defendant's Fifth Amendment right of due process and Sixth Amendment right to a trial by an impartial jury violated when the trial court… |
| 18-9738 | Francisco Gonzalez Jose v. United States | Third Circuit | 2019-06-20 | Denied | Response WaivedIFP | alternate-juror criminal-procedure deliberations due-process federal-rules-of-criminal-procedure judicial-interpretation jury jury-deliberation jury-instructions mistrial third-circuit united-states-v-sotelo | When a juror cannot continue deliberations and an alternate juror is empaneled, Fed. R. Crim. P. 24(c)(3) dictates proceedings to follow. Does the Thi… |
| 18-9698 | Ruben Perez Gomez v. California | California | 2019-06-18 | Denied | IFP | constitutional-requirement death-penalty fifth-amendment fourteenth-amendment jury jury-beyond-reasonable-doubt jury-finding reasonable-doubt sentencing-standard sixth-amendment statutory-maximum statutory-maximum-punishment | Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact other than a prior co… |
| 18-9594 | Brian L. Davis v. 7-Eleven, Inc. | Fourth Circuit | 2019-06-10 | Denied | IFP | civil-procedure civil-rights criminal-procedure due-process equal-protection jury jury-trial standing | Question not identified. |
| 18-9579 | James D. Tench v. Ohio | Ohio | 2019-06-07 | Denied | IFP | aggravating-circumstances capital-defendant capital-punishment constitutional-rights death-penalty' 'When a reviewing court independen due-process evidence-admission guilty-verdict hurst-v-florida jury jury-verdict mitigating-factors prejudicial-evidence sixth-amendment | 1. Does the admission of improper and prejudicial evidence violate a capital defendant's right to due process where the record indicates that the jury… |
| 18-9512 | Kenneth Roshaun Reid v. United States | Fourth Circuit | 2019-06-05 | Denied | Response WaivedIFP | criminal-conspiracy criminal-culpability double-jeopardy dry-conspiracy due-process guilt indictment jury reasonable-foreseeability subject-matter-jurisdiction | What is the Jury to finding in order to establish guilty Criminal Culpability in all Drug Conspiracy crimes? Answer! is the drug quantity to each defe… |
| 18-9400 | Charlie Russell Martin v. Arizona | Arizona | 2019-05-23 | Denied | IFP | 5th-amendment constitutional-rights due-process evidence-admission false-testimony fundamental-fairness ineffective-assistance-of-counsel judicial-review jury legal-standard miranda-warnings procedural-due-process state-procedure trial | Question not identified. |
| 18-9347 | Sherrick A Sims v. Kansas | Kansas | 2019-05-20 | Denied | Response WaivedIFP | 14th-amendment constitutional-law constitutional-violation conviction criminal-procedure due-process evidence fourteenth-amendment judicial-procedure jury limine limine-orders prejudicial-testimony violation | Was Mr. Sims denied due process of law when the District Court and Kansas Supreme Court upheld a conviction obtained by the State's violation of Three… |
| 18-9189 | Vernell Conley v. Wendy Kelley, Director, Arkansas Department of Correction | Arkansas | 2019-05-08 | Denied | Response WaivedIFP | constitutional-law criminal-procedure double-jeopardy drug-offense due-process evidence hicks-v-oklahoma jury jury-trial sentencing | PETITIONER WAS CONVICTED OF THREE DRUG OFFENSES AND SENTENCED BY THE JURY TO A TOTAL TERM OF 90 YEARS. THE ARKANSAS SUPREME COURT FOUND INSUFFICIENT E… |
| 18-8732 | Leonoris Miller v. Mark S. Inch, Secretary, Florida Department of Corrections | Eleventh Circuit | 2019-04-10 | Denied | Response WaivedIFP | child-victim criminal-procedure due-process fair-trial habeas-corpus jury jury-deliberations video-evidence video-interview | 1. Whether permitting the jury to review child victim's video interview during deliberations, which included, the child's description of a hopeful fri… |
| 18-8753 | Carl Devon Powell v. California | California | 2019-04-10 | Denied | IFP | aggravating-circumstances constitutional-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury jury-beyond-reasonable-doubt jury-fact-finding mitigating-circumstances reasonable-doubt sixth-amendment | Does California's death penalty scheme, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt (1) th… |
| 18-8652 | Ammar Asimfaruq Harris v. Nevada | Nevada | 2019-04-01 | Denied | IFP | 5th-amendment capital-case constitutional-error due-process fair-trial fifth-amendment fourteenth-amendment harmless-error jury sixth-amendment | Whether Mr. Harris' rights under the Fifth, Sixth and Fourteenth amendments to a fair trial by jury were violated when the Nevada Supreme Court incorr… |
| 18-8544 | Keith J. Myles v. Florida | Florida | 2019-03-26 | Denied | Response WaivedIFP | civil-rights criminal-procedure due-process equal-protection fair-trial impartial-jury jury standing | DA). Wthy was a"sketch" made up, after there was negative Is or noI's rom the photo line-up? This represents a departuve from a Far Trtal" a ~,λ ror S… |
| 18-8442 | Marc Dutch v. United States | Tenth Circuit | 2019-03-18 | Denied | Response WaivedIFP | 6th-amendment apprendi criminal-procedure indictment jury prior-convictions sentencing sixth-amendment statutory-interpretation | Given that the Sixth Amendment and Apprendi prohibit a sentencing judge from finding facts about a prior conviction, does 18 U.S.C. § 924(e)(1)'s requ… |
| 18-8432 | Kelly Foust v. Ohio | Ohio | 2019-03-15 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | capital-defendant capital-punishment capital-sentencing constitutional-interpretation criminal-procedure death-penalty hurst-precedent hurst-v-florida jury jury-waiver sixth-amendment | Does Ohio's death penalty scheme in which a jury's death verdict is a mere recommendation and in which a death sentence may not be imposed unless a ju… |
| 18-8031 | William Bolden v. Pennsylvania | Pennsylvania | 2019-02-19 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process jury prior-conviction reasonable-doubt sentencing sentencing-enhancement statutory-maximum | WAS PETITIONER SENTENCED UNDER A STATUTE THAT VIOLATE DUE PROCESS OF LAW UNDER THE UNITED STATES CONSTITUTION BY PERMITTING A TRIAL COURT TOIMPOSE AN … |
| 18-1064 | In Re Octavious DeMont Williams | 2019-02-13 | Denied | 21-usc-841 burden-of-proof constitutional-due-process constitutional-rights controlled-substance criminal-procedure due-process elements-of-crime fifth-amendment judicial-misconduct jury jury-finding jury-trial | Whether petitioner's constitutional due process was violated when he was deprived of the fundamental right that a jury find him guilty of all elements… | ||
| 18-7912 | Eriese Alphonso Tisdale v. Florida | Florida | 2019-02-12 | Denied | IFP | 14th-amendment 5th-amendment 6th-amendment 8th-amendment constitutional-law constitutional-rights death-penalty double-jeopardy due-process jury jury-vote statutory-amendment statutory-interpretation | 1. Whether the Florida Supreme Court's failure to apply a statutory amendment, Chapter 2016-13, Laws of Florida, which required a vote of no less than… |
| 18-7651 | Eric Steve Anderson v. California | California | 2019-01-29 | Denied | IFP | antagonistic-defenses conspiracy constitutional-rights criminal-procedure fair-trial jury jury-trial severance severance-motion | Did this trial court's denial of petitioner's severance motion as to co-defendant Randy Lee and its subsequent acquittal of Lee on the conspiracy char… |
| 18-7553 | Elmos D. Hopkins v. Robert Dooley, Warden, et al. | Eighth Circuit | 2019-01-24 | Denied | IFP | civil-rights confession confrontation-clause criminal-procedure due-process evidence ineffective-assistance-of-counsel jury jury-instructions right-to-counsel witness | Can a defendant be convicted where two witnesses (owners of the home) who observed two males from 15 feet in broad daylight come out of their house an… |
| 18-7457 | Charles Edward Case v. California | California | 2019-01-16 | Denied | IFP | capital-punishment constitutional-amendment criminal-sentencing death-penalty fifth-amendment fourteenth-amendment jury jury-finding reasonable-doubt sixth-amendment | Does California's death penalty scheme violate the requirement under the Fifth, Sixth and Fourteenth Amendments that every fact other than a prior con… |
| 18-7291 | Dillon Wade Thompson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-01-08 | Denied | IFP | constitutional-rights criminal-law criminal-procedure deliberation digital-cameras due-process evidence evidence-admissibility judicial-discretion jury jury-deliberations lewd-exhibition prosecutorial-misconduct trial | Is it a violation of a defendant's Due Process rights if, while deliberating, the fact-finder viewed evidence that was not shown at trial, even if sai… |
| 18-7050 | Javier Portillo v. United States | Ninth Circuit | 2018-12-17 | Denied | Response WaivedIFP | border-crossing border-search criminal-evidence criminal-procedure drug-trafficking due-process evidence jury knowledge-standard mens-rea narcotics-possession ninth-circuit standard-of-proof sufficiency-of-evidence trial-sufficiency | Whether the Ninth Circuit's analysis of the facts was inadequate and whether, when the entirety of facts presented at trial was considered, there was … |
| 18-739 | Trevor Wallace v. Tennessee | Tennessee | 2018-12-10 | Denied | Response Waived | appellate-review case-revival constitutional-compliance dismissal-with-prejudice double-jeopardy due-process fifth-amendment judicial-discretion jury jury-trial lee-v-us res-judicata | May a state appellate court revive a case that was dismissed with prejudice after a jury was sworn merely because the appellate court disagrees with t… |
| 18-6873 | Angela Armenta v. United States | Seventh Circuit | 2018-11-29 | Denied | Response WaivedIFP | 5th-amendment-6th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence fifth-amendment jury reasonable-doubt sentencing sixth-amendment | 1. Is a defendant deprived of due process where the absence of evidence constitutes probative evidence of proof beyond a reasonable doubt? 2. Are the… |
| 18-6726 | Billy Brantley v. Indiana | Indiana | 2018-11-16 | Denied | Response WaivedIFP | 14th-amendment burden-of-proof charged-offense constitutional-law criminal-procedure due-process evidence fourteenth-amendment jury jury-instructions reasonable-doubt | Where the State must present "some" evidence of a particular fact before a jury may find a defendant guilty of a charged offense, does the Due Process… |
| 18-6683 | Cody Sakoman v. California | California | 2018-11-14 | Denied | Response WaivedIFP | constitutional-rights due-process fair-trial fifth-amendment fourteenth-amendment judicial-procedure jury jury-deliberation readback sixth-amendment witness-testimony | Whether a defendant was denied his rights to a fair trial and to due process of law under the Fifth, Sixth and Fourteenth Amendments when the trial co… |
| 18-6697 | Kevin Marquette Bellinger v. United States | Fourth Circuit | 2018-11-14 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process evidence federal-jurisdiction jury jury-instructions malice-aforethought mens-rea murder murder-conviction statutory-interpretation sufficiency-of-evidence | Whether there was sufficient evidence presented to the jury in Bellinger's case to convict Bellinger of murder as alleged in Counts One and Two, where… |
| 18-551 | Philip Morris USA Inc. v. Elaine Jordan | Florida | 2018-10-26 | Denied | Relisted (2) | civil-procedure class-action constitutional-law due-process engle-progeny findings issue-preclusion jury jury-findings legal-precedent preclusion prior-proceeding tobacco | Whether the Due Process Clause is violated by a rule of preclusion that permits plaintiffs to invoke the preclusive effect of a prior jury's findings … |
| 18-552 | Philip Morris USA Inc. v. Mary Brown, as Personal Representative of the Estate of Rayfield Brown | Florida | 2018-10-26 | Denied | Relisted (2) | civil-procedure constitutional-law due-process engle-progeny findings jury jury-findings legal-precedent preclusion prior-proceeding standing tobacco | Whether the Due Process Clause is violated by a rule of preclusion that permits plaintiffs to invoke the preclusive effect of a prior jury's findings … |
| 18-6341 | John William Lieba, II v. United States | Ninth Circuit | 2018-10-16 | Denied | Response WaivedIFP | appeal appellate-review burden-of-proof criminal-conviction criminal-procedure due-process evidence jury legal-standard standard-of-review sufficiency-of-evidence | WHETHER, SUFFICIENT EVIDENCE EXISTED TO CONVICT MR. LIEBA? |
| 18-6054 | In Re Michael Boone | 2018-09-20 | Dismissed | IFP | actual-innocence constitutional-rights double-jeopardy judge jury sentencing separation-of-powers statute-of-limitations statutory-offense substantive-due-process | Is Petitioner Boone serving an unlawful/void sentence because it is a Substantive Due Process, Double Jeopardy violation for a defendant to be punishe… | |
| 18-6008 | Anibal Pagan-Romero v. United States | First Circuit | 2018-09-17 | Denied | Response WaivedIFP | criminal-trial dictionary dictionary-use due-process fifth-amendment first-circuit jury jury-instructions presumption-of-prejudice remmer-presumption remmer-v-united-states | A. Whether the Petitioner was denied due process of law where the District Court, over the objection of Defendant provided the jury with a dictionary … |
| 18-5894 | Lawrence Eugene Shaw v. United States | Ninth Circuit | 2018-09-05 | Denied | Response WaivedIFP | 18-usc-1344 bank-fraud jury jury-instructions legal-interest legal-property-interest mixed-question mixed-question-of-law-and-fact property trial-court | The Court previously considered this case in Shaw v. United States, 137 S. Ct. 462 (2016), where it held that a scheme to defraud a financial institut… |
| 18-5686 | Dwight Mundle v. United States | Second Circuit | 2018-08-23 | Denied | Response WaivedIFP | 18-usc-875-c awareness-of-threat criminal-intent criminal-law due-process evidence evidence-sufficiency intent jury prejudicial-effect prior-conduct statutory-interpretation threatening-communication uncharged-conduct witness-testimony | Was their enough or even any evidence to prove the conviction of transmitting a threatening communication. in violation of 18 U.S.C. § 875 (c), was th… |
| 18-5651 | Samuel W. Swoopes v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. | Ninth Circuit | 2018-08-20 | Denied | Response WaivedIFP | appeal constitutional-law criminal-procedure defendant defendant-exclusion due-process ex-parte jury jury-question mid-deliberation sixth-amendment | 1. Does it violate Due Process and the Sixth Amendment to exclude a defendant from the court's consideration and answering of a jury question? 2. Did… |
| 18-5513 | My Van Tran v. Ed Sheldon, Warden | Sixth Circuit | 2018-08-08 | Denied | Response WaivedIFP | civil-rights criminal-procedure discovery due-process evidence fair-trial interpreter jury language-access manifest-weight-of-evidence other-acts-evidence | Did the trial court err in failing to sanction the state for failing to timely provide Appellant with discovery essential to Appellant's case? Did th… |
| 18-82 | Tamara Cotman and Angela Williamson v. Georgia | Georgia | 2018-07-17 | Denied | Response Waived | acquittal criminal-procedure double-jeopardy double-jeopardy,fifth-amendment,criminal-procedure fifth-amendment jury jury-trial nonunanimous-verdict sixth-amendment sixth-amendment,criminal-procedure,jury,due-proces unanimous-verdict Whether the Double Jeopardy Clause of the Fifth Am | 1. Whether it is a Violation of the Sixth Amendment for a jury in a criminal case to return a nonunanimous verdict. 2. Whether the Double Jeopardy Cl… |