jury-finding

58 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A717 Marquise Graham v. United States Sixth Circuit 2025-12-18 Application armed-career-criminal-act harmless-error jury-finding occasions-different sentencing-enhancement sixth-circuit Question not identified.
25-6010 Karl Patrick Kluge v. United States Eleventh Circuit 2025-10-31 Pending Response RequestedResponse WaivedIFP child-exploitation criminal-punishment jury-finding mandatory-minimum restitution sixth-amendment In 2018, Congress enacted the Amy, Vicky, and Andy Child Pornography Victim Assistance Act, which established a mandatory minimum restitution amount o…
24-7451 Walston Owen v. United States Second Circuit 2025-06-17 Denied Response WaivedIFP criminal-statute jury-finding racketeering-act rico-conspiracy sentencing-enhancement substantive-crime Where a racketeering act amounts to a substantive crime that carries a maximum penalty of life imprisonment, but a racketeering act that amounts to a …
24-679 GMAG, L.L.C., et al. v. Ralph S. Janvey, as Court-Appointed Receiver for The Stanford International Bank Limited Fifth Circuit 2024-12-26 Denied Response Waived civil-rights due-process equitable-claim judicial-procedure jury-finding procedural-fairness Whether a court deciding an equitable claim can disregard a jury's factual finding on a common issue without notice or an opportunity to be heard.
24A344 Jermaine Jamaica Campbell, Jr. v. William Gittere, Warden, et al. Ninth Circuit 2024-10-11 Presumed Complete certificate-of-appealability drug-trafficking ineffective-assistance jury-finding sentencing-enhancement sixth-amendment Question not identified.
24-376 Brennaris Marquis Johnson v. Washington Washington 2024-10-02 Denied fourteenth-amendment jury-finding reasonable-doubt sentencing-guidelines sixth-amendment upward-departure Whether the Sixth and Fourteenth Amendments require a jury to find beyond a reasonable doubt that one or more aggravating facts amount to "substantial…
24A56 Troy Thomas York v. Arizona Arizona 2024-07-17 Presumed Complete constitutional-rights due-process fair-trial ineffective-assistance jury-finding prosecutorial-misconduct Question not identified.
23-7478 Dylan Gregory Kerstetter v. United States Fifth Circuit 2024-05-14 GVR IFP armed-career-criminal-act categorical-approach constitutional-indictment criminal-procedure due-process indictment jury-finding jury-trial prior-felony-conviction sentencing-enhancement statutory-interpretation 1. Petitioner pleaded guilty to an indictment alleging all the elements necessary for conviction under 18 U.S.C. § 922(g)(1) and punishment up to 120 …
23-7339 Philip Shane Young v. Texas Texas 2024-04-30 Denied IFP appeal criminal-procedure deadly-weapon evidence-sufficiency jury-finding jury-instructions standard-of-review sufficiency-of-evidence IS THE EVIDENCE SUFFI CIENT TO SUSTAI N THE JURY'S FINDING THAT A DEADLY W EAPON W AS USED?
23-7144 Dricko Dashon Huskey v. United States Fourth Circuit 2024-04-04 Denied Response WaivedIFP criminal-conspiracy criminal-enterprise due-process jury-finding jury-findings racketeering racketeering-activity rico-act rico-conspiracy sentencing sentencing-enhancement statutory-interpretation A conspiracy to violate The Racketeer Influenced and Corrupt Organization (RICO) Act, 18 U.S.C. § 1962(d), is punishable by a maximum of 20 years, but…
23-6433 Rico Lorodge Brown v. United States Fourth Circuit 2024-01-08 GVR Relisted (2)IFP armed-career-criminal-act constitutional-amendment criminal-law criminal-procedure due-process fifth-amendment indictment jury-finding sentencing sixth-amendment statutory-interpretation statutory-penalty The Armed Career Criminal Act imposes heightened statutory penalties if a defendant convicted of an offense under 18 U.S.C. § 922(g) has three prior c…
23-6342 Ya-Sin El-Amin Shakir v. Tina Walker, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2023-12-26 Denied IFP appellate-review burden-of-proof constitutional-rights criminal-procedure due-process evidence-review jury-finding mental-health sufficiency-of-evidence 1. IS Fusils A MENTAL. ku£ PitoceTS V/»lATgi uiHfsl A JvKS'l FiMb/toc. Gvilt is uprtetbk r^£ &Ec&»jLb AEMe^s-rtATCj MfuFn £isit ts//i£wc£, 7
23A375 Rico Lorodge Brown v. United States Fourth Circuit 2023-10-25 Presumed Complete almendarez-torres apprendi-rule criminal-statute jury-finding prior-conviction sentencing-guidelines Whether the Armed Career Criminal Act's different-occasions element must be found by a jury rather than a sentencing judge.
23-165 Bob Johnson, Individually and in His Official Capacity as Sheriff of Santa Rosa County, Florida v. Jessica N. Rogers, as Personal Representative of the Estate of Jose F. Escano-Reyes and as Parent and Natural Guardian of Y. C., a Minor Eleventh Circuit 2023-08-21 Denied Amici (1) 42-usc-1983 city-of-los-angeles-v-heller civil-rights constitutional-harm deliberate-indifference jury-finding monell-liability monell-v-new-york-city municipal-liability section-1983 1. Where a jury exonerates jail deputies of all 42 U.S.C. §1983 claims for deliberate indifference to risk of an inmate's suicide, does the jury's fin…
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 …
22-7438 Frank Nellom v. United States District Court for the Eastern District of Pennsylvania Third Circuit 2023-05-03 Denied Response WaivedRelisted (2)IFP court-order criminal-procedure double-jeopardy due-process expungement fourteenth-amendment judicial-interpretation jury-finding jury-instructions rape-conviction A. Did the honorable Philadelphia Court of Common Pleas Judge Joan A. Brown find the Commonwealth v. Frank Nellom, 565 A.2d 770 (Pa. Super. 1989) Cour…
22-7292 Jason Edward Simpson v. United States Fifth Circuit 2023-04-14 Denied Response WaivedIFP 21-usc-841 controlled-substances-act criminal-procedure due-process jury-finding jury-instructions knowledge-element mens-rea reasonable-doubt statutory-minimum-maximum statutory-sentencing 1. Whether a conviction of a substantive offense under 21 U.S.C. § 841 of the Controlled Substances Act ("CSA") requires that a jury find beyond a rea…
22-7233 Justin Heath Thomas v. California California 2023-04-06 Denied IFP apprendi-v-new-jersey capital-punishment constitutional-requirement criminal-sentencing death-penalty due-process jury-finding jury-trial reasonable-doubt ring-v-arizona statutory-maximum WHETHER CALIFORNIA'S DEATH PENALTY SCHEME VIOLATES THE CONSTITUTIONAL REQUIREMENT THAT ANY FACT, OTHER THAN A PRIOR CONVICTION, THAT SERVES TO INCREAS…
22-6808 Erich Deolax Riker v. United States Tenth Circuit 2023-02-16 Denied Response WaivedIFP criminal-procedure due-process fact-finding federal-sentencing jury-finding jury-trial sentencing sentencing-guidelines substantive-reasonableness Whether a factual finding that is necessary to render a federal sentence substantively reasonable must be found by a jury beyond a reasonable doubt.
22-6445 Juan Villa Ramirez v. California California 2023-01-04 Denied IFP aggravating-circumstances constitutional-rights death-penalty fifth-amendment fourteenth-amendment jury-finding ring-v-arizona 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…
22-6088 Tupoutoe Mataele v. California California 2022-11-17 Denied IFP 14th-amendment 5th-amendment 6th-amendment 8th-amendment aggravating-circumstances constitutional-requirements criminal-sentencing death-penalty jury-finding jury-trial reasonable-doubt 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…
22-5695 Christopher Eric Poore v. California California 2022-09-28 Denied IFP 5th-6th-14th-amendments aggravating-circumstances constitutional-rights criminal-sentencing death-penalty due-process jury-finding jury-trial reasonable-doubt 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…
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…
21-5656 Omar Cebrero v. Rosemary Ndoh, Warden Ninth Circuit 2021-09-13 Denied Response WaivedIFP criminal-conviction due-process felony-murder jackson-v-virginia jury-finding major-participant special-circumstance sufficiency-of-evidence Whether the state court's determination that there was sufficient evidence to support the jury's special circumstance finding that Petitioner was a "m…
20-1614 John D. Leontaritis v. United States Fifth Circuit 2021-05-19 Denied Response RequestedResponse WaivedRelisted (2) circuit-split criminal-law criminal-procedure due-process fact-determination jury-finding jury-instructions reasonable-doubt sentencing sentencing-discretion standard-of-proof This criminal case's questions concern the impact of jury findings on sentencing. Both recur frequently, especially in cases about drugs. Both are the…
20-7903 Jerry W. Green, Jr. v. United States Eleventh Circuit 2021-04-30 Denied Response WaivedIFP conspiracy-objective criminal-conviction criminal-procedure due-process evidence-sufficiency jury-finding jury-findings predicate-acts RICO-conspiracy Whether sufficient evidence exists to sustain a RICO conspiracy conviction when the Government charges specific predicate acts in the indictment, the …
20-7859 Denver Lee v. United States Sixth Circuit 2021-04-28 Denied IFP 6th-amendment circuit-split constitutional-sufficiency due-process felon-in-possession jury-finding jury-trial knowledge-of-status old-chief-stipulation plain-error rehaif substantial-rights This Court has made clear that the Fifth and Sixth Amendment rights of a person accused of a crime to due process and to a trial by an impartial jury …
20-7732 Tina LaSonya Brown v. Florida Florida 2021-04-13 Denied IFP aggravating-factors appellate-review capital-sentencing constitutional-procedure death-penalty due-process ex-post-facto jury-finding jury-findings sixth-amendment ONE: Petitioner Tina Brown sought state postconviction relief from a 2012 death sentence imposed under the procedure subsequently held unconstitutiona…
20-7198 Benjamin Edward Henry Bradley v. United States Sixth Circuit 2021-02-22 Denied Response RequestedResponse WaivedRelisted (2)IFP apprendi apprendi-doctrine criminal-forfeiture honeycutt honeycutt-precedent in-personam-judgment in-personam-money-judgments judge-found-facts jury-finding sixth-amendment 1. Whether, under Apprendi and its progeny, a court violates the Sixth Amendment's jury-finding requirements by ordering forfeiture, over the defendan…
20-1062 Chad Bennett v. Washington Washington 2021-02-04 Denied Response RequestedResponse WaivedRelisted (2) 14th-amendment aggravating-factors constitutional-challenge due-process fourteenth-amendment jury-finding jury-findings sentencing-guidelines vagueness In a state with mandatory sentencing guidelines, where a judge may not sentence a defendant above the guidelines range unless the jury finds an aggrav…
20-7020 Richie Wheeler v. United States Third Circuit 2021-02-03 Denied Response WaivedIFP bodily-injury criminal-law criminal-statute deadly-weapon intent jury-finding law-enforcement reckless-driving sentencing sentencing-guidelines 1. Whether to be guilty of a violation of 18 U.S.C. §111(b), which requires the use of a deadly weapon while forcibly assaulting, resisting, opposing,…
20-7019 Kourtney Williams v. United States First Circuit 2021-02-03 Denied Relisted (2)IFP appellate-review criminal-procedure due-process grand-jury jury-finding mens-rea petit-jury plain-error Does Fed. R. Crim. P. 52(b) grant an appellate court discretion to independently find an essential element of an offense for which the defendant was n…
20-6633 Eduardo David Vargas v. California California 2020-12-15 Denied IFP aggravating-circumstances constitutional-rights criminal-sentencing death-penalty due-process fifth-amendment jury-finding jury-trial 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 the ex…
20-6396 Michael John Bever v. Oklahoma Oklahoma 2020-11-20 Denied IFP consecutive-sentences criminal-procedure cruel-and-unusual-punishment eighth-amendment eighth-amendment-review jury-finding juvenile-offender juvenile-sentencing sentencing sixth-amendment 1. Whether a judge's decision to sentence a juvenile offender to consecutive terms is exempt from Eighth Amendment review. 2. Whether a judge's decis…
20-6096 Dieuseul Brown v. Sonja Nicklaus, Warden Seventh Circuit 2020-10-22 Denied IFP criminal-procedure due-process first-degree-murder independent-and-adequate-state-grounds jury-finding jury-instructions procedural-default second-degree-murder state-grounds Whether the Petitioner's claim is Procedurally Defaulted under the Independent and Adequate State grounds Doctrine. Whether the lower courts erred in …
19-1465 Robert Marcelis v. Pennsylvania Pennsylvania 2020-07-07 Denied Response Waived criminal-defendant criminal-procedure increased-sentence jury-finding jury-trial prior-convictions reasonable-doubt sentencing-enhancement sixth-amendment Does the sixth amendment require a jury finding beyond a reasonable doubt that a criminal defendant has one or more prior convictions before an increa…
19-8899 Michael Wayne Blanche v. United States Ninth Circuit 2020-07-06 Denied Relisted (2)IFP 18-usc-924(c)(3)(a) aiding-and-abetting armed-bank-robbery crime-of-violence federal-criminal-law jury-finding jury-instructions sentencing-enhancement statutory-interpretation Whether aiding and abetting armed bank robbery is a crime of violence under 18 U.S.C. § 924(c)(3)(A). Whether the verdict and 7-year sentence on the …
19-8438 Rodney Lyn Emil v. Nevada Nevada 2020-05-12 Denied IFP aggravating-factors burden-of-proof capital-sentencing constitutional-procedure death-penalty jury-finding jury-instructions mitigating-circumstances reasonable-doubt Nevada courts instruct juries that they may consider imposing a death sentence only after finding at least one statutory aggravating factor beyond a r…
19-7649 Socorro Susan Caro v. California California 2020-02-12 Denied IFP aggravating-circumstances constitutional-rights criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding jury-trial mitigating-circumstances reasonable-doubt sentencing 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…
19-7379 Lee Samuel Capers v. California California 2020-01-22 Denied IFP constitutional-requirement criminal-procedure criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding jury-trial reasonable-doubt sentencing sixth-amendment statutory-maximum Does California's death penalty scheme violate the requirement under the Fifth, Sixth and Fourteenth Amendments that every fact other than a prior con…
19-6616 Alberino Magi v. United States Ninth Circuit 2019-11-13 Denied Response WaivedIFP apprendi apprendi-rule apprendi-v-new-jersey constitutional-procedure criminal-fines criminal-penalty criminal-restitution due-process jury-finding jury-findings jury-trial sentencing southern-union southern-union-v-united-states In Apprendi v. New Jersey, 530 U.S. 466, 490 (2000), the Court held that "[o]ther than the fact of a prior conviction, any fact that increases the pen…
19-589 Rimini Street, Inc. v. Oracle USA, Inc., et al. Ninth Circuit 2019-11-06 Denied Amici (1)Response Waived conscious-disregard copyright-infringement ebay-inc-v-mercexchange ebay-inc-vs-mercexchange ebay-v-mercexchange equitable-framework equitable-relief injunctive-relief jury-finding mental-state reexamination-clause seventh-amendment Whether courts must take into account a jury's finding of an infringer's mental state in considering injunctive relief under the Copyright Act.
19-5977 Kerry Lyn Dalton v. California California 2019-09-17 Denied IFP 14th-amendment 5th-amendment 6th-amendment constitutional-requirement criminal-sentencing death-penalty fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding reasonable-doubt sixth-amendment statutory-maximum Does California's death penalty scheme violate the requirement under the Fifth, Sixth and Fourteenth Amendments that every fact other than a prior con…
19-5927 Cuitlahuac Tahua Rivera v. California California 2019-09-13 Denied IFP constitutional-requirement criminal-sentencing death-penalty eighth-amendment fact-finding fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding reasonable-doubt sixth-amendment Does California's death penalty scheme violate the requirement under the Fifth, Sixth, Eighth and Fourteenth Amendments that every fact that serves to…
19-5114 Jovanny Rodriguez v. United States Second Circuit 2019-07-09 Denied Response WaivedIFP alibi due-process evidence fifth-amendment indictment indictment-variance interstate-commerce jury-finding jury-instructions sixth-amendment supreme-court-precedent trial variance 1) Petitioner was convicted and sentenced without having an opportunity to establish an alibi due to a variance between the indictment and evidence at…
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…
18-9349 Robert Lee McConnell v. William Gittere, Warden, et al. Nevada 2019-05-20 Denied IFP 8th-amendment aggravating-circumstances capital-sentencing constitutional-requirement due-process jury-finding mitigating-circumstances reasonable-doubt Whether the Constitution requires —in a state in which a jury is required to find that mitigating circumstances do not outweigh the aggravating circum…
18-8781 Kerri L. Kaley v. United States Eleventh Circuit 2019-04-10 Denied Response WaivedIFP apprendi-rule apprendi-v-new-jersey constitutional-law criminal-fines criminal-procedure criminal-restitution due-process jury-finding jury-findings jury-trial sentencing southern-union-co-v-united-states In Apprendi v. New Jersey, 530 U.S. 466, 490 (2000), the Court held that "[o]ther than the fact of a prior conviction, any fact that increases the pen…
18-8763 Terry Walker v. United States Seventh Circuit 2019-04-09 Denied Response WaivedIFP criminal-procedure due-process judicial-fact-finding jury-finding jury-trial plea-agreement plea-bargaining recharaterization sentencing sixth-amendment statutory-interpretation 1) Can a sentencing court consistent with the Sixth Amendment to the United States Constitution recharaterize a defendant's conviction into conduct th…
18-8205 Elamin Bashir v. United States Third Circuit 2019-02-28 Denied Response WaivedIFP conspiracy criminal-law criminal-procedure drug-trafficking due-process individualized-jury-finding jury-finding jury-instructions mandatory-minimum sentencing I. WHETHER THE MANDATORY MINIMUM SENTENCE WAS IMPROPERLY IMPOSED FOR DRUG-TRAFFICKING CONSPIRACY, BECAUSE INDIVIDUALIZED JURY FINDING AS TO QUANTITY O…
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…
18-7860 Timothy L. Barnes v. Michigan Michigan 2019-02-08 Denied IFP collateral-review constitutional-law criminal-procedure due-process fourteenth-amendment jury-finding mandatory-minimum retroactivity sixth-amendment substantive-rule watershed-rule Does the new rule of constitutional law announced in Alleyne v. United States, 570 U.S. 99 (2013), that any fact that increases the mandatory minimum …
18-7516 Joseph Adam Mora v. California California 2019-01-22 Denied IFP 14th-amendment 5th-amendment 6th-amendment constitutional-amendments criminal-sentencing death-penalty jury-finding jury-trial reasonable-doubt statutory-maximum Does the California death penalty scheme violate the requirement under the Fifth, Sixth and Fourteenth Amendments that any fact, other than a prior co…
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…
18-7101 John Samuel Ghobrial v. California California 2018-12-19 Denied IFP capital-punishment constitutional-rights criminal-procedure criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-finding jury-trial reasonable-doubt sentencing sixth-amendment statutory-maximum Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact that serves to increa…
18-6468 Bernabe Lugo-Santiago v. United States First Circuit 2018-10-29 Denied Response WaivedIFP constitutional-challenge criminal-indictment criminal-law criminal-procedure due-process firearm firearm-regulation firearms indictment interstate-commerce jury-finding jury-instructions prosecutorial-burden This case presents 3 narrow and discrete questions for this Court to consider, viz. - what happens when (a) the Government fails to allege in an indic…
18-6262 Richard Penunuri v. California California 2018-10-09 Denied IFP constitutional-requirement criminal-sentencing death-penalty eighth-amendment fact-finding fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding reasonable-doubt sixth-amendment Does California's death penalty scheme violate the requirement under the Fifth, Sixth, Eighth and Fourteenth Amendments that every fact that serves to…
18-5331 Ralph Simon Jeremias v. Nevada Nevada 2018-07-24 Denied IFP aggravating-circumstances confrontation-clause constitutional-standard death-penalty due-process hurst-v-florida jury-finding jury-trial mitigating-circumstances ring-v-arizona 1. Whether the Consti tution requi res – i n a state i n whi ch a jury i s requi red to fi nd that mi tigating ci rcumstances do not outwei gh the agg…