| 24-5916 |
Javance Mickey Wilson v. California |
California |
2024-11-05 |
Denied |
IFP |
capital-sentencing constitutional-amendments criminal-procedure death-penalty jury-findings reasonable-doubt |
Does California's capital-sentencing scheme violate the Fifth, Sixth, and Fourteenth Amendments because it fails to require that the jury make the fac… |
| 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… |
| 23-5031 |
Marc Anthony Hill v. United States |
Fifth Circuit |
2023-07-05 |
Denied |
Response WaivedRelisted (2)IFP |
advance-knowledge apprendi-precedent circuit-court-interpretation criminal-procedure due-process essential-elements fifth-amendment four-corner-rule jury-findings sentencing statutory-interpretation supreme-court |
Is Apprendi v. New Jersey still good law?
If yes, are the Fifth Circuit Court of Appeals and other circuits applying Apprendi incorrectly which viola… |
| 22-6879 |
Bobby O. Williams v. Appellate Court of Illinois, Fifth District |
Illinois |
2023-02-28 |
Denied |
Response WaivedIFP |
aggravating-factors due-process fair-warning judicial-expansion jury-determination jury-findings retroactivity sentencing-review statutory-interpretation sufficiency-of-evidence |
On Petitioner's second direct appeal, in resolving Petitioner's sufficiency of evidence claim regarding the existence of a single statutory aggravatin… |
| 20-8327 |
Roberto Barrio v. United States |
Tenth Circuit |
2021-06-16 |
Denied |
Response WaivedIFP |
cocaine-types covered-offense first-step-act jury-findings statutory-maximums statutory-minimums |
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| 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 … |
| 20-7732 |
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… |
| 20-1216 |
Faysal Khalaf v. Ford Motor Company, et al. |
Sixth Circuit |
2021-03-03 |
Denied |
Response Waived |
appellate-review civil-procedure civil-rights due-process evidence-standard jackson-v-virginia jury-findings seventh-amendment sixth-amendment |
1. Whether the sufficiency-of-the-evidence standard under the
Sixth Amendment, as established by the Court in Jackson v.
Virginia, 443 U.S. 307 (1979)… |
| 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… |
| 20-952 |
Construction Cost Data, L.L.C., et al. v. The Gordian Group, Incorporated, et al. |
Fifth Circuit |
2021-01-14 |
Denied |
|
business-disparagement defamation false-statements first-amendment jury-findings noerr-pennington noerr-pennington-doctrine reckless-disregard state-law-liability |
1. Whether the Noerr-Pennington doctrine has been improperly expanded beyond its First Amendment moorings to insulate knowingly, recklessly, or intent… |
| 20-5883 |
Kyle Patrick Comrie v. California |
California |
2020-10-01 |
Denied |
IFP |
burden-of-proof constitutional-rights criminal-procedure due-process felony-murder jury-findings jury-instructions reasonable-doubt sandstrom sufficiency-of-evidence |
Petitioner's first degree murder conviction was invalid under People v, Chiu as
there was no basis to find that the iurv did not rely on aiding and a… |
| 20-5734 |
Alfred Flores, III v. California |
California |
2020-09-17 |
Denied |
IFP |
capital-punishment constitutional-requirements criminal-procedure criminal-sentencing death-penalty due-process jury-findings jury-trial reasonable-doubt ring-v-arizona sentencing |
Whether California's death penalty scheme violates the constitutional requirement that any fact that increases the penalty for a crime must be found b… |
| 19-8876 |
Solomon Jalloh v. United States |
Ninth Circuit |
2020-07-01 |
Denied |
Response WaivedIFP |
apprendi apprendi-rule common-law common-law-tradition criminal-procedure criminal-sentencing jury-findings loss-calculation restitution sentencing |
Whether under Apprendi, the maximum restitution that can be imposed without additional jury findings as to any amount of loss is zero, consistent with… |
| 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… |
| 19-109 |
Giovanni Montijo-Dominguez v. United States |
Tenth Circuit |
2019-07-25 |
Denied |
Amici (2) |
18-usc-3553 circuit-split criminal-sentencing drug-trafficking fact-finding judicial-discretion jury-findings jury-verdict mandatory-minimum preponderance-of-evidence sentencing-discretion standard-of-proof |
District courts exercise broad discretion at sentencing. They may take into consideration various factors relating to both the offense and the offende… |
| 18-1508 |
Wisconsin Alumni Research Foundation v. Apple Inc. |
Federal Circuit |
2019-06-07 |
Denied |
|
claim-construction de-novo-review due-process JMOL jury-fact-finding jury-fact-findings jury-findings jury-trial patent-infringement procedural-due-process remand seventh-amendment standard-of-review teva-v-sandoz |
1. Where the district court properly instructed the jury to give a claim limitation its "plain and ordinary meaning as viewed from the perspective of … |
| 18-9252 |
Kevin Foster v. Florida |
Florida |
2019-05-15 |
Denied |
IFP |
capital-murder capital-punishment death-penalty death-sentence due-process eighth-amendment first-degree-murder jury-findings jury-unanimity reasonable-doubt unanimous-verdict |
1. Whether Mr. Foster's death sentence is unconstitutional because it violates the Eighth Amendment and the Due Process Clause where the jury did not … |
| 18-8938 |
Elza Budagova v. United States |
Ninth Circuit |
2019-04-22 |
Denied |
IFP |
apprendi apprendi-rule constitutional-procedure criminal-fines criminal-restitution judicial-discretion jury-findings sentencing sentencing-exposure southern-union-co |
Should Apprendi's rule apply to the imposition of criminal restitution? |
| 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… |
| 18-7442 |
Kevin Underwood v. Mike Carpenter, Warden |
Tenth Circuit |
2019-01-16 |
Denied |
IFP |
aggravating-circumstances apprendi-v-new-jersey beyond-reasonable-doubt capital-punishment capital-punishment-scheme capital-sentencing death-penalty due-process jury-findings jury-instructions mitigating-circumstances reasonable-doubt supreme-court-precedent tenth-circuit |
Whether the Tenth Circuit's decision – that the "beyond the reasonable doubt" standard does not apply to the critical and prerequisite finding by Okla… |
| 18-898 |
R.J. Reynolds Tobacco Company v. Barbara Jean Johnston, Personal Representative of Franklin James Johnston |
Florida |
2019-01-11 |
Denied |
Response Waived |
civil-procedure collateral-estoppel constitutional-law due-process eleventh-circuit engle-litigation florida-supreme-court issue-preclusion jury-findings legal-preclusion preclusion prior-proceeding res-judicata |
Is the Due Process Clause violated by a rule that permits plaintiffs to invoke a prior jury's findings to establish elements of their claims without s… |
| 18-897 |
R.J. Reynolds Tobacco Company v. Marlene Nally, as Personal Representative of the Estate of Joseph Nally, Sr., Deceased |
Florida |
2019-01-11 |
Denied |
Response Waived |
civil-procedure collateral-estoppel constitutional-law due-process engle jury-findings litigation-strategy preclusion preclusion-doctrine res-judicata standing tobacco |
Is the Due Process Clause violated by a rule that permits plaintiffs to invoke a prior jury's findings to establish elements of their claims without s… |
| 18-788 |
R.J. Reynolds Tobacco Company v. Gwendolyn E. Odom, as Personal Representative of the Estate of Juanita Thurston |
Florida |
2018-12-20 |
Dismissed |
Response RequestedResponse Waived |
civil-procedure civil-rights collateral-estoppel constitutional-law due-process engle-progeny jury-findings legal-procedure litigation-strategy preclusion preclusion-principles res-judicata standing tobacco |
Is the Due Process Clause violated by a rule that permits plaintiffs to invoke a prior jury's findings to establish elements of their claims without s… |
| 18-6902 |
Scott Mansfield v. Florida |
Florida |
2018-12-03 |
Denied |
IFP |
criminal-conviction criminal-procedure death-penalty death-sentence due-process fact-finding findings-of-fact jury-findings jury-instructions notice procedural-due-process sentencing unnoticed-defendant |
Whether a conviction and death sentence may stand where a jury made no specific findings of fact that subjected an unnoticed individual to conviction … |
| 18-654 |
Philip Morris USA Inc., et al. v. Richard Boatright, et ux. |
Florida |
2018-11-20 |
Denied |
|
civil-procedure claim-preclusion class-action due-process engle-progeny issue-preclusion jury-findings preclusion procedural-due-process |
The Florida Supreme Court has devised a new, class-action-specific doctrine of claim preclusion in order to facilitate the classwide adjudication of i… |
| 18-653 |
Philip Morris USA Inc. v. Vickie McKeever, as Personal Representative of the Estate of Theodore McKeever |
Florida |
2018-11-20 |
Denied |
Response WaivedRelisted (2) |
appellate-review civil-procedure collateral-estoppel constitutional-law due-process jury-findings opportunity-to-be-heard preclusion preclusion-doctrine prior-proceeding res-judicata standing |
Whether the Due Process Clause is violated by a rule that permits plaintiffs to invoke a prior jury's findings to establish elements of their claims w… |
| 18-649 |
R.J. Reynolds Tobacco Company, et al. v. Cheryl Searcy, as Personal Representative of the Estate of Carol LaSard |
Eleventh Circuit |
2018-11-20 |
Denied |
|
actually-decided civil-procedure claim-preclusion class-action constitutional-law due-process eleventh-circuit issue-preclusion jury-findings opportunity-to-be-heard preclusion |
The Florida Supreme Court has devised a new, class-action-specific doctrine of claim preclusion in order to facilitate the classwide adjudication of i… |
| 18-621 |
R.J. Reynolds Tobacco Company, et al. v. Mary Faricy Pardue, as Personal Representative of the Estate of John N. Faricy |
Florida |
2018-11-14 |
Denied |
Relisted (2) |
appellate-review civil-procedure collateral-estoppel constitutional-law due-process engle issue-preclusion jury-findings preclusion preclusion-doctrine prior-jury-findings res-judicata tobacco |
Is the Due Process Clause violated by a rule that permits a plaintiff to invoke a prior jury's findings to establish elements of her claims without sh… |
| 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 … |
| 18-551 |
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 … |
| 18-5948 |
Patrick Henry Murphy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-09-12 |
Denied |
IFP |
conspiracy criminal-conspiracy death-penalty death-penalty-sentencing eighth-amendment enmund-v-florida-tison-v-arizona felony felony-murder jury-findings sentencing-requirements sixth-amendment |
Does the Sixth or Eighth Amendment require that before a party may be sentenced to death as a conspirator (rather than a trigger-person), the jury mus… |
| 18-5663 |
Curtis Lee Dale v. United States |
Eighth Circuit |
2018-08-20 |
Denied |
Response WaivedIFP |
alleyne-precedent alleyne-v-united-states criminal-procedure criminal-procedure-sentencing,mandatory-minimum,ju drug-quantity due-process eighth-circuit-error fourth-amendment,search-and-seizure,drug-sniffing- fourth-amendment,search-and-seizure,reasonable-exp jury-findings jury-rejection mandatory-minimum sentencing sentencing-enhancement |
Did the U.S. Court of Appeals For The Eighth Circuit err when it increased the Defendant's mandatory minimum sentence on the basis of a drug quantity … |