jury-charge

10 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
22-5369 Milton Lee Gardner v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-08-17 Denied IFP confrontation confrontation-clause constitutional-error criminal-procedure due-process habeas-corpus jury-charge juvenile-adjudication juvenile-justice sentencing-enhancement 1). If the record in this case contains two "written waivers" of counsel, and one request to proceed pro se by counsel, prior to voir dire. But, the r…
21-6434 Robert Alan Fratta v. Texas Texas 2021-11-29 Denied IFP aiding-and-abetting constitutional-violation criminal-procedure due-process habeas-corpus indictment jury-charge jury-instructions law-of-parties 1) CAN A LAW OF PARTIES (OR AIDING AND ABETTING) BE ADDED TO A JURY CHARGE WHEN A PERSON IS INDICTED AS THE ONLY ACTOR TO COMMIT AN OFFENSE? 2) IS U.…
21-5202 Esteban Figueroa-Larrea v. United States Ninth Circuit 2021-07-23 Denied Response WaivedIFP contested-element criminal-procedure district-court jury-charge jury-instruction jury-instructions legal-scope plain-error standard-of-review trial-court-error trial-procedure Whether the district court plainly erred by misadvising the jury about the legal scope of the sole contested element at trial.
20-1819 Lawrence B. Hughes v. Georgia Georgia 2021-06-30 Denied 14th-amendment criminal-procedure due-process indictment indictment-clarity jury-charge jury-instructions prosecutorial-misconduct self-defense standard-of-review Is it a requirement within State Statute of Fed eral law for an indictment to be clear and precise within accusation? In review of deliberation stag…
20-8443 Jacobie A. Green v. Louisiana Louisiana 2021-06-29 Denied Response WaivedIFP criminal-procedure defendant-statement due-process evidence jury-charge jury-instructions motion-to-quash photographic-evidence right-to-counsel state-created-impediment trial-court-discretion 1. Did the Louisiana Supreme Court error in denying review after a. State-crested impediment occurred? 2. Whether ihe trial court erred in admittmg d…
20-6268 Bryan Keith Roberts v. Texas Texas 2020-11-10 Denied Response WaivedIFP continuous-sexual-abuse criminal-trial criminal-trial-prejudice due-process jury-charge law-enforcement law-enforcement-presence prejudice right-to-fair-trial spectators statutory-interpretation Is the presence of a large number of uniformed, under cover, and armed spectators identifiable as law enforcement on the final day of the guilt-innoce…
19-1032 Alphonso I. Waters, Jr. v. United States Eleventh Circuit 2020-02-19 Denied Response Waived constitutional-rights criminal-statute due-process government-burden-of-proof government-evidence intent-to-harm jury-charge target-deception wire-fraud 1. Whether petitioner's due process rights were violated by his wire fraud convictions for conduct that did not fall within the ambit of the wire frau…
19-7308 Jerry Lynn McGavitt v. Texas Texas 2020-01-17 Denied IFP 14th-amendment criminal-law criminal-mental-state due-process jury-charge jury-instructions law-of-parties mens-rea murder murder-prosecution 1.) Whether the failure to limit the definitions, in the abstract portion of the jury charge, of "Intentionally" and "Knowingly" to the nature of th…
18-9350 Russell Rafael Whitehead v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-05-20 Denied IFP assault-battery constitutional-review court-procedure criminal-law deadly-weapon ineffective-assistance ineffective-assistance-of-counsel jury-charge jury-instructions legal-standard standard-of-review use-of-force Can a fist a fist be considered a deadly weapon in and of itself? Is it considered proper procedure for the Court to add dialogue not supported by th…
18-7021 Juan Thomas v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2018-12-13 Denied Response WaivedIFP admissibility-of-evidence due-process eighth-amendment equitable-tolling fair-trial ineffective-assistance ineffective-assistance-of-counsel jury-charge martinez-v-ryan notice-of-appeal public-defender Whether the Circuit Court erred in failing to appropriately consider the "Equitable Tolling" in conjunction with Ineffective Assistance of the Public …