jury-instruction
263 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-1039 | United States v. Jason Robert Hopson | Tenth Circuit | 2026-03-04 | Pending | federal-criminal-procedure felony-assault indian-country jury-instruction lesser-included-offense major-crimes-act | Whether respondents—Indians charged with felony assault in Indian country under the Major Crimes Act in violation of 18 U.S.C. 113(a)(6) and (8) and 1… | |
| 25-6809 | Michael Wayne Keller v. Chadwick Dotson, Director, Virginia Department of Corrections | Fourth Circuit | 2026-02-13 | Pending | IFP | commonwealth-instruction heat-of-passion jury-instruction legal-standard malice-definition trial-court-error | 1) Was the definition of malice given to the jury a proper Virginia model jury instruction defining heat of passion? 2) Did counsel for appellant req… |
| 25A853 | Joseph Sullivan v. United States | Ninth Circuit | 2026-01-30 | Application | criminal-prosecution data-security jury-instruction nexus-requirement obstruction-of-justice statutory-interpretation | Question not identified. | |
| 25A838 | United States v. Jason Robert Hopson | Tenth Circuit | 2026-01-21 | Application | felony-assault indian-country jury-instruction lesser-included-offense major-crimes-act subject-matter-jurisdiction | Question not identified. | |
| 25-748 | Kevin McCarthy, Superintendent, Elmira Correctional Facility v. Pedro Hernandez | Second Circuit | 2025-12-23 | Pending | aedpa jury-deliberations jury-instruction pretrial-suppression seibert-rule state-court-findings | The Antiterrorism and Effective Death Penalty Act (AEDPA) prohibits federal courts from invalidating a state conviction unless there is both a legal e… | |
| 25-6378 | Kriston Price v. Ohio | Ohio | 2025-12-16 | Denied | IFP | aggravated-murder criminal-procedure fourteenth-amendment jury-instruction self-defense sixth-amendment | 1. Whether sufficient evidence existed to reject the defense of self defense where the defendant was violently attacked, beaten, and through the a mir… |
| 25-6346 | Corey Gaynor v. Ken Hollibaugh, Superintendent, State Correctional Institution at Somerset, et al. | Third Circuit | 2025-12-11 | Denied | Response WaivedIFP | constitutional-violation due-process fourteenth-amendment ineffective-assistance jury-instruction sixth-amendment | 1. Whether trial counsel was ineffective and the trial court s unconstitutional jury instruction derived from Pennsylvania's consolidated statute 18 P… |
| 25-6223 | Daniel Kroeker v. United States | Tenth Circuit | 2025-11-24 | Pending | Response RequestedResponse WaivedIFP | child-pornography criminal-statute dost-factors jury-instruction lascivious-exhibition sexual-offense | Whether, in a non-production child-pornography prosecution under 18 U.S.C. § 2252A(a)(2), a trial court should define the phrase "lascivious exhibitio… |
| 25-5991 | Jairo Arnaldo Jacome v. United States | Fourth Circuit | 2025-10-30 | Denied | Response WaivedIFP | circuit-split criminal-procedure due-process harmless-error jury-instruction structural-error | I. Does a district court's failure to instruct a jury in open court result in structural error, automatically producing a violation of a defendant's s… |
| 25-5985 | Anne M. Lynch v. United States | First Circuit | 2025-10-29 | Denied | Response WaivedIFP | criminal-law fiduciary-duty honest-services-fraud jury-instruction prosecutorial-discretion statutory-vagueness | Whether petitioner's payment violated the honest-services fraud statute? Whether the district court's erroneous fiduciary duty jury instruction requi… |
| 25-520 | Alan Howell Parrot v. United States | First Circuit | 2025-10-28 | Denied | Response Waived | assault-on-officer domicile-entry federal-statute jury-instruction law-enforcement mistake-of-fact | In an Assault on an Officer prosecution brought pursuant to 18 U.S.C. § 111, is a mistake of fact jury instruction warranted by virtue of United State… |
| 25-5965 | Samson Kanla Orusa v. United States | Sixth Circuit | 2025-10-27 | Denied | Response WaivedRelisted (2)IFP | circuit-split controlled-substance-prescription health-care-fraud jury-instruction medical-purpose subjective-knowledge | I. Whether the district court's erroneous instructions regarding what constitutes criminal liability under 21 U.S.C. section 841 (illegal distribution… |
| 25-5907 | Cory Collin Fitzgerald Sanders v. United States | Fourth Circuit | 2025-10-16 | Denied | Response WaivedIFP | criminal-procedure evidence-inference guilty-knowledge jury-instruction specific-intent willful-intent | In a federal criminal prosecution that requires proof of specific intent, may a court instruct the jury that it may infer willful intent or guilty kno… |
| 25-5899 | Michael Keith Marechale v. United States | Eighth Circuit | 2025-10-15 | Denied | Response WaivedIFP | appellate-review circuit-split criminal-procedure invited-error jury-instruction waiver | "Courts of Appeals have stated . . . under the 'invited error' doctrine that a party may not complain on appeal of errors that he himself invited or p… |
| 25A383 | Devon Chance v. United States | Eleventh Circuit | 2025-10-02 | Presumed Complete | categorical-approach circuit-conflict crime-of-violence hobbs-act jury-instruction section-924(c) | Question not identified. | |
| 25-5454 | Marquis Luis Rosado v. Florida | Florida | 2025-08-22 | Denied | IFP | constitutional-violation controlled-substance criminal-law fentanyl-distribution jury-instruction trial-court | WHETHER THE TRIAL COURT VIOLATED TO UNITED STATES CONSTITUTION BY DEVIATING FROM FLORIDA 'S STANDARD JURY INSTRUCTION ON DEATH BY UNLAWFUL DISTRIBUTIO… |
| 25-5386 | Aurelias Marshall v. Adam Douglas, Warden | Sixth Circuit | 2025-08-18 | Denied | Response WaivedRelisted (2)IFP | constitutional-violation de-novo-review habeas-corpus ineffective-assistance jury-instruction procedural-default | (1) Petitioner properly presented thirteen claims of constitutional violations and sub-issues to each state court including the Michigan Supreme Cou… |
| 25-5385 | Eric Deon Rollins v. Texas | Texas | 2025-08-15 | Denied | IFP | affirmative-defense constitutional-rights criminal-defendant due-process jury-instruction state-trial-court | WHETHER A CRIMINAL DEFENDANT IS DEPRIVED OF HIS CONSTITUTIONAL RIGHTS UNDER THE 6TH AND 14TH AMENDMENTS TO THE UNITED STATES CONSTITUTION TO PRESENT A… |
| 25-160 | Julian Omidi and Surgery Center Management, LLC v. United States | Ninth Circuit | 2025-08-11 | Denied | Relisted (2) | appellate-review consent-element criminal-statute identity-theft jury-instruction mens-rea | 1. Whether the government must prove that the defendant used a means of identification without the consent of its owner, that is, stole the identity, … |
| 25-5264 | Craig Alan Sandhaus v. Florida | Florida | 2025-08-04 | Denied | Response WaivedIFP | fourteenth-amendment ineffective-assistance jury-instruction nondeadly-force sixth-amendment trial-counsel | Whether the Petitioner's Sixth and Fourteenth Amendment rights were violated when his trial attorneys failed to request a jury instruction on the just… |
| 25A124 | Steven Nicholas Fulton v. United States | Fourth Circuit | 2025-07-29 | Presumed Complete | appellate-reversal criminal-procedure felony-status jury-instruction prior-conviction standard-of-review | Whether a Court of Appeals may reinstate a jury verdict where the judge omitted a critical legal instruction to the jury on an element of the offense … | |
| 25-5230 | Victor Samuel Brito v. United States | Ninth Circuit | 2025-07-29 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment jury-instruction necessity-defense sixth-amendment | Whether the Fifth and Sixth Amendments guarantee a criminal defendant the right to have a jury consider and give effect to a necessity defense when th… |
| 25-5223 | Burte Gucci Rhodes v. United States | Ninth Circuit | 2025-07-29 | Denied | Response WaivedIFP | criminal-conviction interstate-commerce jury-instruction legal-sufficiency murder-for-hire procedural-error | Whether a conviction for murder-for-hire can properly be affirmed when the jury was instructed that it need not conclude an interstate facility was us… |
| 25-5212 | Jacquel O'Neal v. Texas | Texas | 2025-07-28 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure effective-assistance jury-instruction sixth-amendment statutory-defense | Does the Sixth Amendment's guarantee of effective assistance of counsel require an attorney to request a jury instruction on the sole statutory defens… |
| 25A68 | Jacquel O'Neal v. Texas | Texas | 2025-07-17 | Presumed Complete | effective-assistance-of-counsel habeas-corpus jury-instruction sexual-assault-of-child sixth-amendment texas-penal-code | Question not identified. | |
| 25-5079 | Leon Carter v. Bradley Mlodzik, Warden | Seventh Circuit | 2025-07-10 | Denied | IFP | counsel-deprivation ex-parte-communication fourteenth-amendment habeas-corpus jury-instruction sixth-amendment | 1. Should a writ of habeas corpus issue when a bailiff reinstructed the jury in a criminal trial by directing it to continue deliberating until it rea… |
| 25A18 | Juan Carlos Sandoval-Rodriguez v. United States | Fourth Circuit | 2025-07-08 | Presumed Complete | constitutional-standard criminal-trial due-process fourth-circuit jury-instruction reasonable-doubt | Whether a trial court in criminal proceedings must, upon request from the jury or the defendant, issue an instruction regarding the meaning of the "be… | |
| 25-5013 | Tawhyne M. Patterson, Sr. v. United States | Eighth Circuit | 2025-07-02 | Denied | Response WaivedIFP | circuit-court-review firearms-conspiracy jury-instruction plain-error predicate-offense substantial-rights | A jury returned a general verdict finding Tawhyne M. Patterson, Sr., "guilty" of violating 18 U.S.C. §924(o) where only one of the two predicate offen… |
| 24-7450 | Zachery James Edward Rowe v. United States | Ninth Circuit | 2025-06-17 | Denied | Response WaivedIFP | buyer-seller-rule complete-defense criminal-procedure drug-conspiracy jury-instruction sixth-amendment | Whether the Ninth Circuit's decision affirming the refusal to give a buyer-seller instruction in a drug conspiracy case conflicts with this Court's … |
| 24-7435 | Antonio Nathaniel Davenport, Jr. v. United States | Fourth Circuit | 2025-06-16 | Denied | Response RequestedResponse WaivedRelisted (5)IFP | criminal-law jury-instruction murder-statute north-carolina-law statutory-interpretation trial-procedure | Whether the Trial Court Erred by Failing to Give A Properly Requested Jury Instruction as to the North Carolina Crime of Murder in Violation of N.C. G… |
| 24-7109 | Justin Miles Ness v. United States | Tenth Circuit | 2025-05-01 | Denied | Response WaivedIFP | criminal-procedure evidence-standard judicial-discretion jury-instruction plain-error temporal-scope | In this case, there was trial evidence presented regarding a bevy of days, times, and different implements in which the accused allegedly possessed fi… |
| 24-7074 | Miguel Angel Ortiz v. Texas | Texas | 2025-04-25 | Denied | IFP | burden-of-proof constitutional-law criminal-procedure due-process element-of-offense jury-instruction | Whether the language in a reoccurring jury instruction, upon which there is a split of authority, violates due process by failing to give effect to th… |
| 24-6979 | Gregory Hearns v. United States | Ninth Circuit | 2025-04-14 | Denied | Response WaivedIFP | district-court evidence-admission government-duty judicial-responsibility jury-instruction jury-note | When a jury note indicates a factual misunderstanding concerning a key piece of evidence admitted by the government, do the government and the distric… |
| 24-1071 | Jose Angel Garcia v. New Mexico, et al. | New Mexico | 2025-04-10 | Denied | Response Waived | criminal-procedure ineffective-assistance jury-instruction medical-evidence sixth-amendment trial-counsel | Whether Petitioner Garcia's Sixth Amendment right to counsel was deprived under the following circumstances: • By failing to call the pathologist who… |
| 24-6654 | Willie Alsha Hill v. United States | Ninth Circuit | 2025-02-26 | Denied | Response WaivedIFP | appellate-review criminal-procedure indictment jury-instruction multiple-conspiracies trial-rights | Whether a multiple conspiracies instruction cannot, as a matter of law, be given where a defendant proceeds to trial alone. |
| 24-6573 | Isaac Garcia Bracamontes v. California | California | 2025-02-14 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process evidence-inference jury-instruction sex-offense | Are the inferences of likely guilt and of actual guilt (the latter if there is corroborating evidence) from a finding of disposition to commit sex off… |
| 24-6430 | Maurice Fleming v. Georgia | Georgia | 2025-01-30 | Denied | IFP | accomplice-testimony criminal-conviction due-process jury-instruction legal-principles statutory-interpretation | a cVxnp/\ 4rUe. principle. -lluxA C\ on AUe uncarrobara-t^d -te.s4t Cour4A rt(jt i in COAtyicVion C-ann^l be. bad o4 an accomplrcet Kv\c.»a y sec oc … |
| 24-6407 | Samuel Tanel Crittenden v. United States | Fifth Circuit | 2025-01-28 | Denied | Response WaivedIFP | appellate-review criminal-procedure district-court fifth-circuit jury-instruction sufficiency-of-evidence | Should a conviction be reversed and remanded for a new trial where the district court erroneously fails to give a lesser-included offense instruction,… |
| 24A737 | Frank Bell, Tyson Rhame, and James Shaw v. United States | Eleventh Circuit | 2025-01-27 | Presumed Complete | criminal-statute intent-to-defraud jury-instruction mail-fraud property-rights wire-fraud | Whether a misrepresentation that is designed to induce a transaction in property, but that does not concern the price or fundamental characteristics o… | |
| 24-6354 | Shelben T. Curtis v. Ron Neal, Warden | Seventh Circuit | 2025-01-22 | Denied | Response WaivedIFP | ineffective-assistance jury-instruction retroactive-application sixth-amendment sudden-heat voluntary-manslaughter | QUESTION I: Whether the lower courts unreasonably applied Brantley retroactively when it decided that the petitioner was not denied his Sixth Amendmen… |
| 24-650 | Robert Lee Webb v. Virginia | Virginia | 2024-12-16 | Denied | circumstantial-evidence fourteenth-amendment jury-instruction meaningful-defense sixth-amendment trial-court-error | 1. The Trial Court's error in refusing to give the Virginia Model Jury Instruction on Circumstantial Evidence violated the Appellant's 6th and 14th … | |
| 24-572 | Reginald Pittman, By and Through His Guardian and Next Friend, Robin M. Hamilton, v. Madison County, Illinois, et al. | Seventh Circuit | 2024-11-22 | Denied | due-process evidence-exclusion fair-trial fourteenth-amendment jury-instruction pre-trial-detainee | I. Did the Circuit Court improperly impair the plaintiff's due process right to a fair trial by sustaining the jury's verdict and failing to order a n… | |
| 24-253 | Avery Curry Archuleta, aka Avery Archuleta v. United States | Ninth Circuit | 2024-09-06 | Denied | Response Waived | criminal-procedure jury-instruction legal-standard self-defense trial-court unanimity | The Petitioner, Avery Curry Archuleta, asks this Court to clarify that trial courts instruct juries that any decision on a self-defense must be unanim… |
| 24-5294 | Tommy J. May v. Kansas | Kansas | 2024-08-09 | Denied | IFP | criminal-procedure due-process first-degree-murder jury-instruction lesser-included-offense voluntary-manslaughter | Whether Tommy T. May was entitled to a jury instruction on the lesser offense of attempted voluntary manslaughter on the attempted first-degree murder… |
| 24-5245 | Otis Phillips v. Brian Emig, Warden, et al. | Third Circuit | 2024-08-07 | Denied | Response WaivedIFP | coleman-v-thompson due-process ineffective-assistance-of-counsel jury-instruction martinez-v-ryan procedural-default | Did Petitioner indeed meet procedural bar, and did 3" Circuit decision to deny violate federal law? Did Third Circuit court decision, when it chose t… |
| 24-126 | Benjamin Galecki, and Charles Burton Ritchie v. United States | Ninth Circuit | 2024-08-05 | Denied | chemical-structure continuing-criminal-enterprise controlled-substances criminal-law jury-instruction void-for-vagueness | 1. Whether the Controlled Substance Analogue Enforcement Act of 1986 is void for vagueness as applied to the substance XLR-11? 2. Whether a co-defend… | |
| 24-5211 | Jerod Askew v. United States | Fourth Circuit | 2024-08-01 | Denied | Response WaivedIFP | criminal-procedure drug-trafficking due-process firearm-possession firearms jury-instruction jury-instructions statutory-interpretation | Whether a jury instruction under 18 U.S.C. § 924(c), Possession of a Firearm in Furtherance of a Drug Trafficking Crime, requires reference to "mere p… |
| 24-5154 | Joel Jacobo Sanchez v. Brandon Kelly | Ninth Circuit | 2024-07-26 | Denied | Response WaivedIFP | aggravated-murder aiding-and-abetting burden-of-proof due-process ineffective-assistance ineffective-assistance-of-counsel intent-standard jury-instruction natural-probable-consequences post-conviction-relief | Was petitioner's post-conviction counsel ineffective for not arguing that petitioner's trial counsel failed object to a "natural and probable conseque… |
| 24-5106 | Stoney Prior v. United States | Ninth Circuit | 2024-07-18 | Denied | Response WaivedIFP | appellate-review appellate-standard-of-review circuit-split criminal-defendant-rights criminal-defense jury-instruction jury-instructions reasonable-doubt recognized-defenses third-party-culpability | 1. Is a criminal defendant entitled to a jury instruction on any recognized defense supported by the evidence? 2. If the district court rejects a jur… |
| 24-5027 | Jovan Marquis Harris v. United States | Eighth Circuit | 2024-07-09 | Denied | Response WaivedIFP | burrage-v-united-states causation-of-harm criminal-law criminal-procedure drug-distribution evidentiary-hearing federal-statute heroin-distribution jury-instruction jury-instructions overdose sentencing-enhancement | 1. Did the trial court err when it refused to instruct the jury that the heroin distributed by the defendant was the same heroin that caused the vict… |
| 23-7847 | Matthew Gatrel v. United States | Ninth Circuit | 2024-07-02 | Denied | Response WaivedIFP | computer-crime criminal-procedure improper-venue insufficient-evidence jury-instruction jury-instruction-error protected-computers sentencing-guidelines sentencing-guidelines-error sophisticated-means-enhancement venue-challenge | 1. Whether petitioner Matthew Gatrel's convictions should be reversed because the government presented insufficient evidence to support his conviction… |
| 23-1321 | Jeffrey Batio v. United States | Seventh Circuit | 2024-06-18 | Denied | criminal-intent fraudulent-intent good-faith good-faith-defense jury-instruction jury-instructions mail-fraud misrepresentation misrepresentations wire-fraud | Proving federal mail or wire fraud requires proving a defendant's specific intent to defraud. A defendant's good faith that his representations are tr… | |
| 23-7415 | Carlos Gomez v. United States | Second Circuit | 2024-05-08 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure due-process jury-instruction jury-instructions pinkerton-liability predicate-offense rosemond-v-united-states statutory-interpretation united-states-v-davis vicarious-liability | 1. Whether, following this Court's decision in United States v. Davis, 588 U.S. 445 (2019), a jury instruction permitting a finding of guilt on an 18 … |
| 23-7298 | Jonathan Wayne Daniels v. United States | Eleventh Circuit | 2024-04-24 | Denied | Response WaivedIFP | criminal-procedure criminal-trial due-process eyewitness-identification hobbs-act-robbery jury-instruction jury-instructions suggestive-identification suggestive-procedure third-circuit | Whether petitioner's jury was adequately "warn[ed] to take care in appraising identification evidence," in accordance with due process, where his jury… |
| 23A889 | Walter Taylor, III v. Vermont | Vermont | 2024-04-05 | Presumed Complete | constitutional-rights criminal-defense fourteenth-amendment impartial-jury jury-instruction sixth-amendment | Question not identified. | |
| 23-7091 | Brandon De McCall v. Texas | Texas | 2024-03-28 | Denied | IFP | 8th-amendment capital-punishment culpability due-process eighth-amendment jury-instruction jury-instructions mitigating-evidence moral-blameworthiness | Where jurors were instructed that they may only consider mitigating evidence to be evidence that "reduces the defendant's moral blameworthiness," and … |
| 23-7075 | Breon D. Hicks v. United States | Eleventh Circuit | 2024-03-26 | Denied | Response WaivedIFP | controlled-substance controlled-substances criminal-procedure criminal-statute due-process firearm-possession firearms jury-instruction jury-instructions section-924(c) section-924c unlawful-user | I. WHETHER THE DISTRICT COURT ERRONEOUSLY INSTRUCTED THE JURY CONCERNING THE SECTION 924(c) CHARGES? II. WHETHER THE GOVERNMENT ESTABLISHED A KNOWING… |
| 23-1019 | Dennis McLain v. Denis R. McDonough, Secretary of Veterans Affairs | Eleventh Circuit | 2024-03-18 | Denied | Response Waived | causation-standard civil-rights discrimination due-process employment employment-discrimination federal-employee federal-employment jury-instruction retaliation title-vii whistleblowing | 1. Whether, when instructing a jury on causation in a federal employee Title VII claim under 42 U.S.C. § 2000e-16(a) it is error to fail to instruct t… |
| 23-928 | Yun Zheng, aka Wendy Zheng, and Yan Qiu Wu, aka Jason Wu v. United States | Sixth Circuit | 2024-02-27 | Denied | circuit-split harboring-aliens harmless-error immigration-law jury-instruction jury-instructions mens-rea neder-v-united-states | (i) Whether a jury instruction under 8 U.S.C. § 1324(a)(1)(A)(ii), which prohibits the "harbor[ing]" of anyone who is in the United States illegally, … | |
| 23-6716 | Tommy Lee Walker v. United States | Ninth Circuit | 2024-02-09 | Denied | Response WaivedIFP | 2nd-amendment criminal-procedure due-process firearm-interstate-commerce interstate-commerce jury-instruction jury-instructions sixth-amendment speedy-trial-act standing | 1. Where the firearm at issue was manufactured in California and found in a home in Califo rnia, did the district court err by refusing to give a requ… |
| 23-6673 | Lillian Akwuba v. United States | Eleventh Circuit | 2024-02-06 | Denied | Response WaivedIFP | controlled-substance criminal-procedure harmless-error intent-element jury-instruction jury-instructions medical-care mens-rea standard-of-care | In Ruan v. United States, 597 U.S. 450, 454 (2022), this Court held that to convict an authorized person of distributing a controlled substance under … |
| 23-6681 | Danny Lowe v. United States | Ninth Circuit | 2024-02-06 | Denied | Response WaivedIFP | appeal criminal-intent due-process harmless-error jury-instruction jury-instructions mens-rea ninth-circuit sex-trafficking | Danny Ray Lowe was convicted of attempting to sex traffic two fictional minors in an undercover sing. As the Court of Appeals acknowledged, "The criti… |
| 23-6650 | Pablo Guzman v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2024-02-01 | Denied | IFP | appellate-review constitutional-prejudice federal-habeas-corpus habeas-corpus jury-instruction lockhart-precedent lockhart-v-fretwell prejudice state-court-decision supreme-court-precedent | Does Lockhart v. Fretwell, 506 U.S. 364, 113 S. Ct. 838, 122 L. Ed. 2d 180 (1993), prevent federal habeas corpus relief regardless of substantive prej… |
| 23-6297 | Kevin Hewlett v. United States | Fourth Circuit | 2023-12-18 | Denied | Response WaivedIFP | 18-usc-2251 cellphone-evidence child-pornography commerce-clause criminal-conduct criminal-law criminal-procedure interstate-commerce jury-instruction mens-rea | 1) Whether the use of an internationally-manufactured cellphone in criminal conduct is, by itself, a sufficient nexus to interstate commerce to satisf… |
| 23-6116 | Cynthia Clemons v. United States | Sixth Circuit | 2023-11-28 | Denied | Response WaivedIFP | controlled-substances criminal-procedure jury-instruction jury-instructions mens-rea plain-error ruan-v-united-states sixth-circuit supreme-court-precedent | On October 17, 2022, this Court vacated the opinion of the Sixth Circuit affirming Petitioner Cynthia Clemons' convictions and remanded for further pr… |
| 23-5975 | Caesar Mark Capistrano v. United States | Fifth Circuit | 2023-11-08 | Denied | Response WaivedRelisted (2)IFP | circuit-court civil-rights due-process judicial-interpretation jury-instruction mens-rea prosecutorial-discretion reversal statutory-construction supreme-court-precedent | 1. Are inferior courts, the Fifth Circuit Court of Appeals in particular, allowed unrestricted and unrestrained freedom to interpret the clear and une… |
| 23-5645 | Robert Eugene Stallings v. United States | Fifth Circuit | 2023-09-26 | Denied | Response WaivedIFP | constitutional-challenge counterman-precedent criminal-intent criminal-procedure due-process first-amendment harmless-error jury-instruction jury-instructions procedural-error statutory-interpretation sufficiency-of-evidence | Whether Counterman v. Colorado, decided after the decision below, shows that 18 U.S.C. §1038(a) should be read to require proof that the defendant int… |
| 23-266 | Javaar Yavonnie Kalem Watkins v. United States | Eighth Circuit | 2023-09-20 | Denied | Response Waived | constitutional-error conviction-reversal criminal-procedure due-process jury-instruction jury-instructions reasonable-doubt structural-error | The Constitution requires the Government to persuade a jury "beyond reasonable doubt" in order to sustain a conviction. Over Watkins' objection, the r… |
| 23-5390 | Neeraj Chopra v. United States | Eighth Circuit | 2023-08-18 | Denied | Response WaivedIFP | constructive-amendment criminal-procedure due-process essential-elements indictment indictment-modification jury-instruction jury-instructions sexual-assault sexual-contact statutory-interpretation | A jury instruction constructively amends the indictment if it modifies the essential elements of the offense charged in the indictment. Chopra's indic… |
| 23-130 | Saad Sakkal v. United States | Sixth Circuit | 2023-08-10 | Denied | Relisted (2) | agency-regulation authorization controlled-substances-act criminal-conviction drug-dealer drug-dealing jury-instruction physician physician-prescription statutory-interpretation statutory-requirement | The question presented here is whether, in a jury instruction under the Controlled Substances Act, 21 U.S.C. § 801 et seq., language taken from an age… |
| 22-7842 | Dashawn Lewis v. United States | Ninth Circuit | 2023-06-22 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure directed-verdict due-process judicial-error jury-instruction jury-instructions ninth-circuit reasonable-doubt | Whether the last sentence of the Ninth Circuit's pattern jury instruction on reasonable doubt, telling jurors that "if after a careful and impartial c… |
| 22-1175 | Xiulu Ruan and John Patrick Couch v. United States | Eleventh Circuit | 2023-06-05 | Denied | Amici (3) | agency-rulemaking controlled-substances-act criminal-conviction federal-agency felony-offense jury-instruction jury-instructions medical-practice prescription-authority statutory-interpretation | In Ruan v. United States, 142 S. Ct. 2370 (2022) (App., infra, 19a-54a), this Court held that a physician may be convicted under 21 U.S.C. § 841(a)(1)… |
| 22-7536 | Mark D. Sievers v. Florida | Florida | 2023-05-12 | Denied | IFP | closing-argument due-process fair-trial jury-instruction plea-agreement polygraph prosecutorial-misconduct witness-credibility | At Petitioner's trial for the murder of his wife, the state prosecutor proceeded under a murder-for-hire theory that relied entirely on the testimony … |
| 22-7435 | Alex Smith v. United States | Fourth Circuit | 2023-05-01 | Denied | Response WaivedIFP | circuit-split criminal-procedure due-process fifth-amendment jury-instruction jury-instructions reasonable-doubt | Does the Due Process Clause of the Fifth Amendment require a trial court to instruct, or refuse to instruct, the Jury on the fundamental meaning of "B… |
| 22-7346 | John G. Calhoun v. Florida | Florida | 2023-04-21 | Denied | Response WaivedIFP | criminal-procedure due-process estelle-v-mcguire habeas-corpus jury-instruction jury-instructions legal-precedent lisenba-v-california manslaughter trial-fairness | Whether the inaccurate jury instruction on Manslaughter by Act so infused the trial with unfairness as to deny the Petitioner's right to Due Process o… |
| 22-7333 | David Jah, Sr. v. United States | Ninth Circuit | 2023-04-20 | Denied | Response WaivedIFP | civil-rights commerce-clause criminal-procedure due-process interstate-commerce jury-instruction jury-instructions pro-se-representation sixth-amendment speedy-trial speedy-trial-act | 1) Will the theory of the government, assisted by their witnesses, known to be fabricated, asserted to be harmful and outreagous conduct, be enough t… |
| 22-992 | Clay Melton Denton v. United States | Fifth Circuit | 2023-04-13 | Denied | adverse-inference criminal-procedure due-process evidence-spoliation exculpatory-evidence government-failure jury-instruction spoliation | If critical evidence, which is at a minimum potentially exculpatory, is lost as a result of government's failure to preserve it, when is a defendant e… | |
| 22-7137 | Eric Deangelo Griggs v. United States | Eighth Circuit | 2023-03-29 | Denied | Response WaivedIFP | burrage-v-united-states criminal-conviction cross-examination drug-distribution due-process heroin-distribution jury-instruction perjured-testimony strict-liability | I. Whether a person can be convicted for distribution of heroin causing death using a jury instruction that makes the offense a strict liability crime… |
| 22-6968 | Thomas Marmolejos v. United States | Second Circuit | 2023-03-08 | Denied | Response WaivedIFP | crime-of-violence crimes-of-violence criminal-procedure due-process jury-instruction jury-instructions legal-error predicate-offense section-924(c) section-924(j) sentencing | Can a section 924(c) and 924(j) charge that alleges multiple predicates stand when one or more of the predicates no longer qualifies as a crime of vio… |
| 22-6835 | Deon'te Reed v. United States | Ninth Circuit | 2023-02-22 | Denied | Response WaivedIFP | 924c-conviction brecht-standard conspiracy-liability criminal-procedure drug-trafficking due-process harmless-error jury-instruction jury-instructions robbery-conspiracy stromberg-error | In applying harmless error review under Brecht, may a federal court disregard the prejudice resulting from Stromberg error, i.e., the jury's considera… |
| 22-6614 | Omar Kashaka Taylor v. United States | Eighth Circuit | 2023-01-24 | Denied | Response WaivedIFP | ambiguous-term criminal-procedure criminal-statute due-process jury-instruction legal-principles statutory-interpretation Whether a jury instruction effectively directing a | 1) Whether an overly broad interpretation of an ambiguous term in a criminal statute carrying severe penalties complies with established principles of… |
| 22-6606 | Henry Zabala-Zorilla v. Joseph Terra, Superintendent, State Correctional Institution at Phoenix, et al. | Third Circuit | 2023-01-23 | Denied | Response WaivedIFP | allen-charge civil-rights criminal-procedure due-process equal-protection fourteenth-amendment ineffective-assistance-of-counsel jury-instruction reversible-error supplemental-instruction | Does the Fourteenth Amendment equal protection laws require a state judge be found to commit reversible error to give a supplemental charge - or an "A… |
| 22-6467 | Louis Antonio Zayas v. United States | Third Circuit | 2023-01-05 | Denied | Response WaivedIFP | certiorari controlled-substances criminal-procedure criminal-trial directed-verdict due-process evidence-disclosure harmless-error jury-instruction jury-instructions prosecutorial-conduct | 1. Should the Supreme Court grant certiorari to consider whether the erroneous decision of the Trial Court to instruct the jury that the United States… |
| 22-6414 | Keith Antonio Barnett v. United States | Fourth Circuit | 2022-12-29 | Denied | Response WaivedIFP | confrontation-clause constitutional-rights criminal-procedure due-process hearsay hearsay-testimony jury-instruction theory-of-defense | WHETHER THE CONFRONTATION CLAUSE WAS VIOLATED WHEN PROSECUTORS RELIED, EXCLUSIVELY, ON HEARSAY TESTIMONY TO CONVICT THE PETITIONER? WHETHER THE PET… |
| 22-587 | Maurice Andrews v. District Attorney of Montgomery County, Pennsylvania, et al. | Third Circuit | 2022-12-27 | Denied | due-process habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions prejudice-standard sixth-amendment structural-error trial-counsel | Whether, in the context of habeas proceedings under 28 U.S.C. § 2254, the failure of trial counsel to object to a jury instruction which does not cont… | |
| 22-563 | Randall Greer, Individually and as Personal Representative of the Estate of Christopher Greer, Deceased v. James Haman, et al. | Eleventh Circuit | 2022-12-20 | Denied | Response Waived | deadly-force fourth-amendment graham-v-connor jury-instruction law-enforcement probable-cause self-defense tennessee-v-garner use-of-force | A law enforcement officer's use of deadly force in self-defense is not constitutionally unreasonable. Courts throughout the nation universally agree t… |
| 22-6192 | Dennis Dean Neff v. United States | Tenth Circuit | 2022-12-01 | Denied | Response WaivedIFP | appellate-review different-outcome judicial-discretion jury-instruction jury-instruction-error plain-error prejudice reasonable-probability trial trial-procedure unpreserved-claims | In unpreserved claims of jury instruction error, what must an appellant show to demonstrate a "reasonable probability" of a different outcome at trial… |
| 22-5863 | Arlandis Shy v. United States | Sixth Circuit | 2022-10-18 | Denied | Response WaivedIFP | 4th-amendment 6th-amendment apprendi-v-new-jersey due-process fair-trial fourth-amendment jury-instruction probable-cause search-warrant sixth-amendment unreasonable-search | I. Whether the district court clearly erred by failing to properly instruct the jury, in violation of the holding in Apprendi v. New Jersey, 530 U.S. … |
| 22-5838 | Yasser Ashburn v. United States | Second Circuit | 2022-10-14 | Denied | Response WaivedIFP | circuit-conflict criminal-enterprise firearm-possession gang-related-purpose jury-instruction predicate-acts racketeering rico rico-act | 1) Whether this Court should grant Certiorari to address a Circuit conflict on the interpretation of requisite proof to establish a legal element nece… |
| 22-348 | Floyd Tayler v. Washington | Washington | 2022-10-13 | Denied | Response WaivedRelisted (2) | aggravating-factors criminal-procedure criminal-sentencing domestic-violence jury-instruction jury-instructions pattern-aggravator reasonable-doubt statutory-interpretation unanimity | Must the jury, in deciding whether a defendant has committed the domestic violence pattern aggravator, RCW 9.94A.535 (3) (h) (i), be instructed that t… |
| 22-5727 | Antonio Garrett v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2022-09-30 | Denied | IFP | certificate-of-appealability constitutional-rights criminal-procedure due-process eleventh-circuit habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction section-2254 | WHETHER THE ELEVENTH CIRCUIT COURT OF APPEALS ERRED IN DENYING GARRETT A CERTIFICATE OF APPEALABILITY ON HIS 28 U.S.C. SECTION 2254 HABEAS CLAIM OF IN… |
| 22-5621 | Cody Ray Leveke, aka Cody Meyer, aka Cody Ray Meyers v. United States | Eighth Circuit | 2022-09-20 | Denied | Response WaivedIFP | constitutional-law criminal-communication criminal-law first-amendment free-speech jury-instruction statutory-interpretation subjective-intent true-threat | Whether, to establish that a statement is a "true threat" unprotected by the First Amendment, the government must show that the speaker subjectively k… |
| 22-146 | Tracy Smith v. Georgia | Georgia | 2022-08-16 | Denied | Response Waived | constitutional-law constitutional-rights criminal-procedure ineffective-assistance-of-counsel jury-instruction jury-instructions non-unanimous-verdict sixth-amendment trial-counsel | Whether it is a violation of the Sixth Amendment for trial counsel to fail to object to a jury instruction that sanctioned a non-unanimous verdict. |
| 22-5363 | Rodney Flucas v. United States | Ninth Circuit | 2022-08-16 | Denied | Response WaivedIFP | burden-of-proof criminal-intent criminal-procedure due-process federalism interstate-travel jury-instruction precedent sexual-conduct state-authority | Was the Jury Erroncously Instructed That the Government Only had to Prove That Sexual Activity Was a "Motivating Purpose" for Transportation of Person… |
| 22-5346 | Sylvia Hofstetter v. United States | Sixth Circuit | 2022-08-15 | GVR | IFP | 21-usc-841 circuit-split drug-offense global-tech healthcare-provider jury-instruction ruan-v-united-states scienter-standard standard-of-review willful-blindness | 1. Whether the District Court erred by instructing the deliberate-indifference instruction based upon the facts in this case when it denied defendant'… |
| 22-84 | Saad Sakkal v. United States | Sixth Circuit | 2022-07-28 | GVR | controlled-substances-act conviction-appeal criminal-law due-process jury-instruction physician-conviction ruan-standard ruan-v-united-states scienter statutory-interpretation | Whether this Court should grant, vacate, and remand a judgment sustaining the conviction of a physician under 21 U.S.C. § 841(a)(1) where the jury was… | |
| 22-5206 | Shain Duka v. United States | Third Circuit | 2022-07-27 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 924(c) actual-innocence circuit-court-review concurrent-sentence-doctrine criminal-conviction criminal-procedure invalid-conviction judicial-procedure jury-instruction sentencing-error statutory-interpretation | Whether the Third Circuit Erred in Utilizing the Concurrent Sentence Doctrine to Uphold a Concededly Invalid 924(c) Conviction. |
| 22-5075 | Courtney Newman v. United States | Sixth Circuit | 2022-07-12 | GVR | IFP | controlled-substances criminal-intent criminal-law health-care jury-instruction medical-practice prescription-drugs prescription-law ruan-v-united-states statutory-interpretation | 21 U.S.C. §856(a)(1), the "crack house statute", requires the Government to prove beyond a reasonable doubt that a defendant, "except as authorized by… |
| 21-8098 | Rocky Christian v. Florida | Florida | 2022-06-09 | Denied | Response WaivedRelisted (2)IFP | anders-review appellate-procedure appellate-review fourteenth-amendment jury-instruction plain-error self-defense self-defense-instruction sixth-amendment | Did the Fifth District Court of Appeal for the State of Florida conduct an adequate review of the record pursuant to Anders v. California 386 U.S. 738… |
| 21-7986 | Stephen Gosch v. Florida | Florida | 2022-05-27 | Denied | IFP | constitutional-rights criminal-procedure due-process evidence evidence-disclosure fourteenth-amendment jury-instruction jury-instructions prosecutorial-misconduct state-court | 1. Did the state court violate the petitioner's right to due process of law as guaranteed by the Fourteenth Amendment where the prosecution failed to … |
| 21-7940 | Jason P. Thomas v. Morris Houser, Superintendent, State Correctional Institution at Benner Township, et al. | Third Circuit | 2022-05-23 | Denied | IFP | criminal-procedure double-jeopardy evidentiary-hearing fabricated-evidence ineffective-assistance jury-instruction jury-instructions prosecutorial-misconduct sentencing | I. Whether the District Court, without holding an evidentiary hearing erred in disposing of Petitioner 's trial icounsel 's ineffectiveness surroundin… |
| 21-7509 | Jean Carlo Ferreira v. United States | Eleventh Circuit | 2022-03-31 | Denied | Response WaivedIFP | circuit-split civil-rights constitutional-vagueness criminal-procedure criminal-statute davis-precedent due-process jury-instruction procedural-default sentencing standing vagueness | Whether the Court should address the Circuit Split regarding whether, and under what circumstances, a movant's procedural default can be excused becau… |
| 21-7356 | Stacey Tremaine Johnson v. United States | Fourth Circuit | 2022-03-14 | Denied | Response WaivedIFP | criminal-procedure drug-trafficking due-process evidence firearm-possession guideline-calculation jury-instruction jury-instructions sentencing sentencing-reasonableness standard-of-proof uncharged-conduct | 1. Whether there was sufficient evidence for the jury to find the petitioner guilty of drug trafficking and firearm possession. 2. Whether the jury i… |
| 21-7133 | Francis P. Salemme v. United States | First Circuit | 2022-02-16 | Denied | Response WaivedIFP | accessorial-liability accessory-after-the-fact aiding-and-abetting criminal-procedure due-process jury-instruction jury-instructions legal-precedent middleton-v-mcneil | Whether the jury instruction regarding accessorial liability that fails to distinguish between aiding and abetting liability and accessory after the f… |
| 21-7095 | Paul Anthony Darrah v. United States | Sixth Circuit | 2022-02-10 | Denied | IFP | enterprise enterprise-existence first-amendment fourth-amendment free-speech jury-instruction jury-instructions necessity-requirement rico-conspiracy title-iii-wiretap wiretap-authorization | L. Should the jury have been allowed to convict Mr. Darrah on the hypothetical existence of all of the elements of a RICO conspiracy? II. Did the jur… |
| 21-1089 | Jeff Garvin Smith, Cary Dale Vandiver, Patrick Michael McKeoun, David Randy Drozdowski, and Vincent John Witort v. United States | Sixth Circuit | 2022-02-07 | Denied | Criminal-Procedure Due-Process First-Amendment Free-Speech hypothetical-elements jury-instruction Jury-Instructions RICO-Conspiracy sixth-circuit-precedent | I. Should the jury have been allowed to convict the defendants on the hypothetical existence of all of the elements of a RICO Conspiracy? II. Did the… | |
| 21-6999 | Sharoc Richardson v. Sherman Campbell, Warden | Sixth Circuit | 2022-01-31 | Denied | Response WaivedIFP | criminal-procedure defense-witnesses due-process ineffective-assistance-of-counsel jury-instruction jury-instructions prosecutorial-misconduct right-to-a-fair-trial trial-court-error witness-cross-examination | QUESTION ONE: DID THE TRIAL COURT ERR IN FAILING TO INSTRUCT THE JURY ON INVOLUNTARY MANSLAUGHTER IN THIS CASE? QUESTION TWO: WAS TRIAL COUNSEL INEFF… |
| 21-7014 | Vicente Lopez-Sanchez v. United States | Fifth Circuit | 2022-01-31 | Denied | Response WaivedIFP | assault criminal-intent criminal-procedure due-process jury-instruction jury-instructions law-enforcement mens-rea | Whether the district court erred by denying the defense's jury instruction stating that for a finding of guilt, Mr. Lopez had to know that the person … |
| 21-6993 | Damon Willis v. United States | Eighth Circuit | 2022-01-27 | Denied | Response WaivedIFP | 2nd-amendment criminal-law due-process fifth-amendment firearm-possession firearms jury-instruction jury-instructions prohibited-status rehaif-v-united-states sixth-amendment sovereign-citizen | Does Rehaif v. United States preclude a jury instruction that the federal government must prove a defendant knew his prohibited status made it illegal… |
| 21-1001 | Hakim Bey v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. | Third Circuit | 2022-01-14 | Denied | Response Waived | burden-of-proof constitutional-challenge constitutional-law criminal-law criminal-procedure due-process jury-instruction jury-instructions reasonable-doubt | Whether a jury instruction is unconstitutional if there is a reasonable likelihood that the jury understood it to allow conviction without proof beyon… |
| 21-6844 | Pedro Rafael Caraballo-Martinez v. United States | Eleventh Circuit | 2022-01-13 | Denied | Response WaivedIFP | criminal-procedure due-process harmless-error jury-instruction multiple-theory-error predicate-offense statutory-interpretation unconstitutional-vagueness united-states-v-davis vagueness | Whether a conviction under 18 U.S.C. § 924(c)(1)(A) may be sustained based on the reviewing court's finding that the jury relied equally on a valid pr… |
| 21-6742 | Raudel Salgado-Rodriguez v. United States | Fifth Circuit | 2021-12-29 | Denied | Response WaivedIFP | credibility-of-evidence criminal-procedure due-process evidence-credibility fair-trial judicial-discretion jury-instruction jury-instructions theory-of-defense | Whether it violates an accused's right to a fundamentally fair trial to have a judge refuse a theory-of-defense jury instruction because the judge per… |
| 21-6681 | Eric Michael Crapser v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2021-12-20 | Denied | IFP | circuit-split criminal-procedure ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions lesser-included-offense sixth-amendment strickland-standard strickland-v-washington | Whether the Court should resolve the following question for which there is a clear circuit split: does the Court's holding in Strickland v. Washington… |
| 21-6664 | Robert Breest v. John M. Formella, Attorney General of New Hampshire | First Circuit | 2021-12-17 | Denied | Response WaivedRelisted (2)IFP | appellate-review constitutional-error due-process habeas-corpus habeas-relief ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions reasonable-doubt sullivan-v-louisiana | In light of this Court's holding in Sullivan v. Louisiana, 508 U.S. 275 (1993); and, Massaro v. United States, 123 S.Ct. 1690 (2003; as well as United… |
| 21-6452 | Donnell Murray v. United States | Second Circuit | 2021-12-01 | Denied | Response WaivedIFP | aiding-and-abetting conviction count-one criminal-procedure davis insufficient-evidence jury-instruction predicate-acts racketeering trial-errors | 1. Whether Murray's conviction on Count One should be reversed because there is insufficient evidence after Davis that the jury found two or more pred… |
| 21-6272 | Igor Perlov v. California | California | 2021-11-15 | Denied | Response WaivedIFP | credibility credibility-determination criminal-charge due-process harmless-error jury-instruction reasonable-doubt sixth-amendment | A jury convicted petitioner of unlawful possession of ammunition, which police found in a cardboard box in the trunk of his car. Petitioner testified … |
| 21-706 | Joel Iverson Gilbert v. United States | Eleventh Circuit | 2021-11-15 | Denied | bribery bribery-statute federal-bribery-laws first-amendment issue-advocacy jury-instruction jury-instructions official-action prosecutorial-standard | 1. Whether, in a bribery prosecution based on issue-advocacy payments that would otherwise enjoy First Amendment protection, the Government must prove… | |
| 21-6115 | Jaime Mayorga v. United States | Ninth Circuit | 2021-10-28 | Denied | Response WaivedIFP | chapman-v-california criminal-conviction criminal-procedure harmless-error intent-to-defraud jury-instruction jury-instructions ninth-circuit statutory-interpretation united-states-v-neder | Did the Ninth Circuit's disposition of Petitioner's instructional error claim, which did not examine evidence Petitioner proffered regarding his lack … |
| 21-5989 | Jeffrey G. Boyd v. United States | Third Circuit | 2021-10-18 | Denied | Response WaivedIFP | burden-of-proof circuit-split contested-element criminal-procedure due-process harmless-error jury-instruction jury-instructions knowledge-element standard-of-review | Based on this Court's harmless error jurisprudence and that of seven other circuits, the government must establish beyond a reasonable doubt that an e… |
| 21-5843 | Brandon Lamar Pruitt v. United States | Ninth Circuit | 2021-10-01 | Denied | Response WaivedIFP | circuit-split constitutional-rights criminal-law due-process fifth-amendment jury-instruction mens-rea sex-trafficking statutory-interpretation | 1. The federal sex trafficking statute requires that the government prove the defendant knew his/her own actions would cause the victim to engage in a… |
| 21-431 | Grant Lloyd Greenwood v. Minnesota | Minnesota | 2021-09-21 | Denied | Response Waived | due-process effective-assistance-of-counsel fourteenth-amendment jury-instruction jury-instructions prosecutorial-misconduct sixth-amendment | The question presented by this petition is whether a defendant's Sixth Amendment right to effective assistance of appellate counsel, and Fourteenth Am… |
| 21-5566 | Razhden Shulaya v. United States | Second Circuit | 2021-09-02 | Denied | Response WaivedIFP | constitutional-rights counsel-interference due-process judicial-bias jury-instruction jury-instructions right-to-counsel structural-error trial-procedure | 1) Whether the United States District Court for the Southern District of New York provided a constitutionally flawed trial and committed structural er… |
| 21-5523 | Amos Kiprop Koech v. United States | Eighth Circuit | 2021-08-30 | Denied | Response WaivedIFP | burden-of-proof cell-phone-evidence criminal-law criminal-statute federal-statutes interstate-commerce jurisdictional-element jury-instruction reasonable-doubt | I. Does the jurisdictional element "in or affecting interstate commerce" in federal criminal statutes require an actual effect on interstate commerce … |
| 21-243 | James Warner v. United States | Sixth Circuit | 2021-08-18 | Denied | bribery-statute constructive-amendment criminal-procedure indictment indictment-modification jury-instruction jury-instructions plain-error substantial-rights | Whether the constructive amendment of an indictment by an erroneous jury instruction, stating that conspiracy counts alleged agreements to violate a d… | |
| 21-5342 | Jamerl M. Wortham v. United States | Eighth Circuit | 2021-08-11 | Denied | Response WaivedIFP | appellate-review essential-element jury-instruction jury-instructions sixth-amendment unanimous-verdict waiver | Whether a defendant waives appellate review of his Sixth Amendment right to a unanimous verdict when the government and defense counsel jointly submit… |
| 21-183 | Gas Pipe, Inc., et al. v. United States | Fifth Circuit | 2021-08-09 | Denied | appellate-review conspiracy conspiracy-to-defraud constitutional-error criminal-law defraud-clause government-function harmless-error jury-instruction jury-instructions | 1. Whether 18 U.S.C. § 371's defraud clause, which in relevant part prohibits conspiracies "to defraud the United States," reaches any conspiracy whos… | |
| 21-5318 | Beatrice Munyenyezi v. United States | First Circuit | 2021-08-06 | Denied | Response WaivedIFP | 28-usc-2255 brecht-standard chapman-standard federal-procedure habeas-corpus harmless-error jury-instruction post-conviction-relief supreme-court-review | When reviewing a habeas corpus claim under 28 U.S.C. §2255, where the court is considering for the first time whether an erroneous jury instruction on… |
| 21-160 | Justin M. Corliss v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. | Third Circuit | 2021-08-04 | Denied | certificate-of-appealability certificates-of-appealability ex-post-facto false-testimony habeas jury-instruction prosecutorial-misconduct state-court time-barred-charges | Whether the applications for certificates of appealability were improperly denied when the issues presented plainly meet the standards articulated by … | |
| 21-5235 | Vincent Holton v. United States | Eleventh Circuit | 2021-07-28 | Denied | Response WaivedIFP | conspiracy conviction criminal-procedure due-process entrapment jury-instruction jury-instructions sentencing | 1. Whether t he District Court Wrongly Denied Petitioner's Request for a Jury Instruction on Entrapment ? 2. Whether t he Court Erred by Allowing the… |
| 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. |
| 21-5182 | Pedro Ray Tejeda v. Minnesota | Minnesota | 2021-07-22 | Denied | Response WaivedIFP | ammunition constitutional-rights criminal-possession criminal-procedure due-process firearm jury-instruction possession trial-procedure unanimous-verdict | I. Must my conviction for Ineligible Person in Poss. of Ammo or firearm be reversed, remanded for new trial and or vacated based on Unanimous Verdict … |
| 21-5185 | Lexton Pellew v. United States | District of Columbia | 2021-07-22 | Denied | Response WaivedIFP | appeal conviction-count criminal-procedure double-jeopardy due-process jury-instruction jury-instructions legal-review sentence-calculation sentencing sentencing-error | The petitioner was not charged with aiding and abetting in counts 11-14 but the court allowed the jury verdict on those counts based upon an admittedl… |
| 21-5141 | Terrance Tyrell Edwards v. United States | Ninth Circuit | 2021-07-20 | Denied | Response WaivedIFP | commercial-sex-trafficking conclusive-presumption criminal-procedure due-process interstate-commerce jury-instruction jury-instructions plain-error | 1. Is evidence that establishes only the use of cellular telephones, the Internet or hotels by a defendant, without any evidence of how the use of the… |
| 21-5039 | Gavin Wayne Wright v. United States | Tenth Circuit | 2021-07-08 | Denied | IFP | co-conspirator-statements co-defendant criminal-conspiracy due-process entrapment false-statements federal-rules-of-evidence government-agent jury-instruction materiality testimony | I. Petitioner pointed to the Government agent's testimony about his "recruitment" role and activities for co-defendant Patrick Stein, and admitted tes… |
| 21-5002 | Jalil Lemason Robinson v. United States | Tenth Circuit | 2021-07-02 | Denied | Response WaivedIFP | age-of-consent criminal-intent criminal-law due-process entrapment jury-instruction predisposition sex-trafficking undercover-operation undercover-operations | An undercover officer created a fake social media profile for a fictitious 18-year-old woman on a website where a user must expressly represent her ag… |
| 20-8440 | Jerry Douglas, Jr. v. United States | Fourth Circuit | 2021-06-28 | Denied | Response WaivedIFP | criminal-procedure federal-question felon-in-possession felon-possession jury-instruction justification-defense minor-child-safety minor-protection second-amendment | Is a defendant entitled to a justification jury instruction on a charge of possession of ammunition in commerce by a felon when the defendant is actin… |
| 20-1783 | Jacob Christine v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. | Third Circuit | 2021-06-23 | Denied | and an ex-post-facto violation jury instruction errors ada-pleading-5th bagley-exception brady-violation certificate-of-appealability due-process jury-instruction pcra-hearing pinholster self-defense unavailable-declarant | Certiorari is sought re the erroneous denial of a C.O.A. or Reergument in the 3rd Cir. Ct. of Appeals, perhaps most notable among the questions presen… | |
| 20-1765 | Donald S. Harden v. United States | Seventh Circuit | 2021-06-22 | Denied | Response Waived | but-for-causation circuit-split controlled-substances-act death-results ineffective-assistance-of-counsel ineffective-counsel jury-instruction jury-instructions sentencing | For a death-results sentence under the Controlled Substances Act, must a jury be instructed as to but-for cause if the evidence of causation is confli… |
| 20-8307 | Lamar McKnight v. Josie Gastelo, Warden | Ninth Circuit | 2021-06-15 | Denied | Response WaivedIFP | confrontation-clause cross-examination due-process evidence expert-testimony gang-enhancement gang-expert jury-instruction natural-probable-consequences right-to-confront testimonial-hearsay | I. Should a COA Have Been Granted to Decide If the Trial Court's Admission of the Gang Expert's Testimonial Hearsay Deprived McKnight of His Right to … |
| 20-8226 | In Re Francis Boyd | 2021-06-04 | Denied | IFP | criminal-procedure criminal-sentencing due-process habeas-corpus judicial-error jury-instruction jury-instructions miscarriage-of-justice murder murder-degrees third-degree-murder trial-procedure | 1). CAN A TRIAL JUDGE INSTRUCT A JURY DURING A JURY CHARGE , THAT THEY CANNOT FIND PETITIONER GUILTY OF A CERTAIN DEGREE OF MURDER AFTER ENTERTAINING … | |
| 20-8203 | Dasheme Kareme Hosley v. Rick Hill, Warden | Ninth Circuit | 2021-06-02 | Denied | Response WaivedIFP | closing-argument due-process harmless-error judicial-ratification jury-instruction jury-instructions legal-misstatement prosecutorial-misconduct trial-court trial-procedure | In a prosecutorial misconduct claim based upon a misstatement of law during closing argument, should courts presume that the jury followed the trial c… |
| 20-8101 | Joseph Weldon Smith v. Perry Russell, Warden, et al. | Ninth Circuit | 2021-05-21 | Denied | IFP | brecht-standard brecht-v-abrahamson capital-sentencing harmless-error jury-instruction jury-instructions jury-trial sixth-amendment stromberg-error stromberg-v-california | In applying harmless error review under Brecht, may a federal court disregard the prejudice resulting from Stromberg error, i.e., the jury's considera… |
| 20-8018 | Deshaun Tisdale v. United States | Sixth Circuit | 2021-05-13 | Denied | Response WaivedIFP | assault assault-with-dangerous-weapon common-law-self-defense criminal-law firearms-offense jury-instruction michigan-common-law michigan-law racketeering racketeering-conspiracy self-defense use-of-firearm | In a racketeering conspiracy case involving convictions for Assault with a Dangerous Weapon in Aid of Racketeering and Use of a Firearm During a Crime… |
| 20-7907 | Julio Solano v. California | California | 2021-05-03 | Denied | IFP | due-process heat-of-passion insufficient-evidence jury-instruction jury-instructions prosecutorial-misconduct provocation second-degree-murder voluntary-manslaughter | 1. Whether the California Courts failure to adequately instruct the jury on provocation in the context of Second Degree Murder violated federal due pr… |
| 20-7677 | Juan Manuel Fuentes-Morales v. United States | Fourth Circuit | 2021-04-13 | Denied | Response WaivedIFP | attorney-speech constitutional-interpretation criminal-procedure due-process fourth-circuit jury-instruction jury-instructions reasonable-doubt victor-v-nebraska | Whether the Fourth Circuit's reasonable doubt charge conflicts with Victor v. Nebraska; and whether circuits can prohibit counsel from discussing reas… |
| 20-1409 | Graham B. Spanier v. Chad Libby, Director, Dauphin County Probation Services, et al. | Third Circuit | 2021-04-07 | Denied | Response Waived | criminal-liability criminal-statute due-process ex-post-facto fourteenth-amendment jury-instruction retroactive-application retroactivity | 1. May a state prosecute a defendant for violating a statute enacted after the defendant's conduct, without violating the Ex Post Facto Clause, merely… |
| 20-7632 | Shannon D. Hixon v. United States | Sixth Circuit | 2021-04-01 | Denied | Response WaivedIFP | causation criminal-law criminal-statute death-results drug-overdose drug-trafficking due-process foreseeable-result jury-instruction jury-instructions sentencing | WHETHER A DEFENDANT MAY BE CONVICTED UNDER THE "DEATH RESULTS" PROVISION OF 21 U.S.C. § 841(b)(1)(C) WITHOUT INSTRUCTING THE JURY THAT IT MUST DECIDE … |
| 20-7460 | Carlos Rodriguez Fernandez v. United States | Eleventh Circuit | 2021-03-16 | Denied | IFP | child-pornography context-test due-process first-amendment four-corners-test jury-instruction lascivious-exhibition | To comport with the First Amendment and Due Process in determining whether an image of a child acting innocently constitutes child pornography, must c… |
| 20-7360 | Emmanuel Feaster v. United States | Second Circuit | 2021-03-08 | Denied | Relisted (2)IFP | criminal-law criminal-statute firearm-possession firearms jury-instruction jury-instructions plain-error rehaif-standard rehaif-v-united-states statutory-interpretation supreme-court-precedent | Title 18, United States Code, Section 922(g)(1), "[i]t shall be unlawful" for certain individuals to possess firearms that have traveled in interstate… |
| 20-7248 | Jonathan Lee Page v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2021-02-25 | Denied | IFP | constitutional-law court-limitation criminal-procedure independent-act ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions legal-objection primary-offense primary-offenses trial-procedure | 1. Whether counsel was ineffective when he failed to timely object to the lower court expressly limiting the independent act jury instruction to the p… |
| 20-7183 | Shameke Walker v. United States | Second Circuit | 2021-02-19 | Denied | Relisted (2)IFP | 18-usc-924c armed-career-criminal-act crime-of-violence criminal-law criminal-procedure federal-criminal-procedure hobbs-act hobbs-act-robbery identification-evidence jury-instruction plain-error violent-crime | 1. Should the Court grant certiorari to review whether Hobbs Act robbery, 18 U.S.C. § 1951(b), categorically fails to constitute "a crime of violence"… |
| 20-1131 | James C. Dimora v. United States | Sixth Circuit | 2021-02-17 | Denied | Response Waived | bribery conviction criminal-conviction due-process jury-instruction jury-instructions lawful-conduct legal-error official-act statutory-interpretation | Whether a McDonnell error—i.e., defining the element of "official act" overbroadly in bribery counts and thereby enabling a jury to wrongly conclude t… |
| 20-7146 | Frank Ray Gallardo v. United States | Eighth Circuit | 2021-02-12 | Denied | Response WaivedIFP | circuit-conflict circuit-split criminal-law criminal-statute due-process federal-criminal-law jury-instruction jury-instructions mens-rea specific-intent statutory-interpretation | Whether a defendant charged with an offense under 18 USC § 2244 is entitled to a specific intent instruction and there is a conflict among Circuits. |
| 20-6966 | Charles Eloys Johnson, aka Adam White v. United States | Fourth Circuit | 2021-01-28 | Denied | Response WaivedIFP | 18-usc-924c appellate-review conspiracy crime-of-violence criminal-procedure hobbs-act hobbs-act-robbery jury-instruction jury-instructions plain-error substantial-rights | Charles Johnson was convicted of two counts of possessing a firearm during a crime of violence. 18 U.S.C. § 924(c). The district court instructed the … |
| 20-6770 | Lelis Ezequiel Treminio-Tobar v. United States | Fourth Circuit | 2021-01-04 | Denied | Response WaivedIFP | 5th-amendment affirmative-defense criminal-procedure due-process fifth-amendment jury-instruction jury-instructions trial-court | Whether the Fifth Amendment Due Process right to present a defense requires the trial court to instruct the jury that it has a duty to acquit any defe… |
| 20-6710 | Marlon Iron Crow v. United States | Eighth Circuit | 2020-12-28 | Denied | Response WaivedIFP | 18-usc-1 criminal-law criminal-statute jury-instruction jury-instructions malice-aforethought mens-rea second-degree-murder statutory-interpretation | Whether the "reckless" mens rea should be included in the jury instruction for "malice aforethought" for second degree murder under 18 U.S.C. § 1. |
| 20-6660 | Shusta Traverse Gumbs v. United States | Eleventh Circuit | 2020-12-18 | Denied | Response WaivedIFP | circuit-split criminal-law criminal-procedure deadly-weapon intent jury-instruction jury-instructions lesser-included-offense united-states-v-feola | I. Whether the district court erred in giving only the first sentence of Mr. Gumbs' request to charge on use of a deadly weapon in light of the Circui… |
| 20-6662 | Ian D. Goolsby v. United States | Second Circuit | 2020-12-18 | Denied | Relisted (2)IFP | specifically allowing review beyond the trial rec circuit-conflict criminal-procedure due-process element-of-offense jury-instruction plain-error-review presentence-report rehaif-v-united-states scope-of-review supreme-court-decision | In Rehaif v. United States, 139 S. Ct. 2191, 2194 (2019), this Court held that 18 U.S.C. §§ 922(g) and 924(a)(2) require the government to prove not o… |
| 20-6526 | Kendesia Juinize May v. United States | Fourth Circuit | 2020-12-07 | Denied | Response WaivedIFP | buy-sell-defense buy-sell-transactions conspiracy conspiracy-law criminal-procedure judgment-of-acquittal jury-instruction jury-instructions plain-error rule-29 | 1. Whether the trial court committed plain error in refusing to grant a "buy-sell" defense jury instruction when the government's evidence of a conspi… |
| 20-6540 | Joshua N. Wright v. United States | Fourth Circuit | 2020-12-04 | Denied | Response WaivedIFP | abduction acquitted-conduct constitutional-law crime-of-violence criminal-law due-process federal-courts jury-instruction jury-instructions sentencing sentencing-enhancement upward-variance | 1. Whether the district court erred in its "crime of violence" instruction to the jury. 2. Whether the district court erred in assessing an enhanceme… |
| 20-6428 | Ronald Herron v. United States | Second Circuit | 2020-11-24 | Denied | IFP | 18-usc-924c advance-knowledge aiding-and-abetting criminal-conviction due-process firearm-conduct firearm-related-conduct jury-instruction residual-clause section-924c unconstitutional | Did the second circuit err by affirming petitioner's 18 U.S.C. § 924(c) convictions – either under § 924(c)(3)(b), which has been declared unconstitut… |
| 20-6367 | Kissinger St. Fleur v. United States | Eleventh Circuit | 2020-11-18 | Denied | IFP | appellate-review buyer-seller-transaction cocaine-distribution conspiracy criminal-conspiracy criminal-procedure drug-crimes due-process fair-trial judicial-discretion jury-instruction jury-instructions | Did the district court and the Eleventh Circuit deny Mr. St. Fleur a fair trial when it failed to give buyer-seller instructions to the jury? |
| 20-6191 | Daniel Johnson v. United States | Ninth Circuit | 2020-11-02 | Denied | Response WaivedIFP | aggravated-sexual-abuse criminal-procedure due-process evidence-standard harmless-error jury-instruction jury-instructions ninth-circuit sexual-abuse victim-age | 1. The Ninth Circuit held that for a conviction under 18 U.S.C. § 2241(c) (aggravated sexual abuse), the government must prove, and the jury must be i… |
| 20-6171 | Kenneth Emanuel Baptiste v. Craig Koenig, Warden | Ninth Circuit | 2020-10-29 | Denied | IFP | capital-murder capitol-murder constitutional-error due-process fair-trial jury-instruction jury-instructions reconsideration severance-motion stolen-property trial-procedure | Was instructing the Jury with CALJIC No. 2.15 in error.and denied the Petit ioner "Due Process" of Federal Constitutional Demensions .Because he was b… |
| 20-6097 | Francisco J. Martinez v. Adolfo Gonzalez, Chief Probation Officer, San Diego, California | Ninth Circuit | 2020-10-23 | Denied | Response WaivedIFP | commodities-fraud criminal-procedure due-process harmless-error jury-instruction jury-instructions scienter | reasonable doubt in this commodities fraud prosecution. |
| 20-6003 | Alvin Celius Andre v. United States | Eleventh Circuit | 2020-10-14 | Denied | Response WaivedIFP | circuit-conflict criminal-procedure entrapment government-intervention jacobson-v-united-states jury-instruction predisposition ready-willingness | I. Whether the Eleventh Circuit's Entrapment Jury Instruction is in Conflict With Jacobson v. United States, 503 U.S. 540 (1992) and the Majority of t… |
| 20-5921 | Joseph J. Craig v. Kansas | Kansas | 2020-10-05 | Denied | IFP | constitutional-law criminal-defense criminal-procedure due-process fair-trial jury-instruction kansas-supreme-court voluntary-intoxication | Did the Kansas Supreme Court deny the defendants rights to a fair trial under the Due Process Clause when it should have ruled the defendant was entit… |
| 20-5854 | Trumaine Muller v. United States | Eleventh Circuit | 2020-09-30 | Denied | Response WaivedIFP | criminal-law criminal-procedure drug-offense drug-offenses intervening-act jury-instruction jury-instructions mens-rea plain-error proximate-cause | I. THE TRIAL COURT COMMITTED PLAIN ERROR IN FAILING TO INSTRUCT THE JURY THAT THE GOVERNMENT HAD TO PROVE MENS REA AS TO EACH DRUG OFFENSE AND THE RES… |
| 20-5783 | Chia Jean Lee v. United States | Fifth Circuit | 2020-09-24 | Denied | Response WaivedIFP | appellate-review chapman-v-california circuit-split constitutional-standard criminal-procedure deliberate-indifference harmless-error jury-instruction jury-instructions standard-of-review | The government requested and received a deliberate indifference instruction in the criminal jury charge, over Lee's objection. The Fifth Circuit Court… |
| 20-5742 | David Tachay Heard v. United States | Eighth Circuit | 2020-09-17 | Denied | Relisted (3)IFP | appellate-review criminal-procedure cross-racial-identification due-process eyewitness-identification federal-standard jury-instruction jury-instructions plain-error standard-of-review | 1. Should federal district courts be required to give a cautionary jury instruction, upon a defendant's request, to guide the jury's evaluation of eye… |
| 20-5558 | Anthony Smith v. United States | Second Circuit | 2020-09-02 | Denied | Relisted (3)IFP | criminal-law criminal-statute due-process firearm-possession firearms jury-instruction jury-instructions knowledge-element mens-rea plain-error prohibited-possession | 1. Whether the district court committed plain error in failing to instruct the jury that the evidence must establish both that appellant Anthony Smith… |
| 20-221 | Franqui Francisco Flores de Freitas v. United States | Second Circuit | 2020-08-25 | Denied | Response Waived | aircraft-transportation conscious-avoidance controlled-substances criminal-defendant criminal-intent deliberate-steps evidence jury-instruction knowledge sentencing-guidelines | 1. Can a jury be instructed that it may convict based on a criminal defendant's conscious avoidance of knowledge of a necessary fact, without needing … |
| 20-5403 | Dimarzio Swade Sanchez v. United States | Ninth Circuit | 2020-08-19 | Denied | Response WaivedIFP | aiding-and-abetting criminal-procedure due-process first-degree-murder jury-instruction jury-instructions mandatory-life-imprisonment sixth-amendment | The government convicted Dimarzio Swade Sanchez of aiding and abetting in first degree murder, and he was sentenced to a mandatory life imprisonment. … |
| 20-5299 | Antonio Benson v. Tennessee | Tennessee | 2020-08-07 | Denied | Response WaivedIFP | appellate-review constitutional-rights criminal-procedure due-process evidence jury-instruction jury-instructions self-defense | I. Whether the ruling of the Tennessee Supreme Court, which reversed the opinion of the Tennessee intermediate appellate court, that the Petitioner wa… |
| 20-5078 | Vagan Adzhemyan v. United States | Ninth Circuit | 2020-07-15 | Denied | Response WaivedIFP | contested-element contested-elements due-process federal-kidnapping-statute harmless-error jury-instruction jury-instructions kidnapping-statute sixth-amendment structural-error | Whether the Sixth Amendment allows a district court to refuse to instruct jurors on the only contested element of the federal kidnapping statute after… |
| 20-5082 | Robert Deane Schwartz v. Raymond Madden, Warden | Ninth Circuit | 2020-07-15 | Denied | IFP | affirmative-defense certificate-of-appealability due-process fourteenth-amendment habeas habeas-corpus jury-instruction jury-instructions | Did the Ninth Circuit err for failing to grant a certificate of appealability pursuant to 28 U.S.C. § 2253(c)(2) on petitioner's claim that the state … |
| 20-5057 | Ledinson Chavez v. United States | Sixth Circuit | 2020-07-14 | Denied | Response WaivedIFP | advance-knowledge aggravated-identity-theft aiding-and-abetting criminal-law identity-theft jury-instruction knowledge-requirement rosemond-v-united-states sixth-circuit supreme-court-mandate | Did the trial court's jury instruction on aiding and abetting aggravated identity theft comply with this Court's mandate in Rosemond v. United States,… |
| 20-1 | Nicholas E. Davis v. United States | Armed Forces | 2020-07-09 | Denied | Response Waived | appellate-review court-martial criminal-procedure jury-instruction jury-instructions plain-error supreme-court-precedent waiver | Whether the failure to object to a pattern jury instruction erroneously describing the elements of the offense constitutes affirmative waiver such tha… |
| 19-8882 | George Donald Hatt, Jr. v. Washington | Washington | 2020-07-02 | Denied | IFP | burden-of-proof due-process first-aggressor jury-instruction self-defense sua-sponte substantial-rights sufficiency-of-evidence | Did the First Aggressor Jury Instruction, issued sua sponte, violate due process by relieving the state of its burden to disprove self-defense? 2. Do… |
| 19-8727 | Felton Ladell Humphries, Jr. v. S. Sherman, Warden | Ninth Circuit | 2020-06-17 | Denied | Response WaivedIFP | certificate-of-appealability constitutional-rights criminal-procedure due-process first-degree-murder jury-instruction self-defense voluntary-manslaughter | DOES HUMPHRIES HAVE A FUNDAMENTAL RIGHT GUARANTEED BY THE FIFTH, SIXTH, AND FOURTEENTH AMENDMENTS TO A PROPERLY INSTRUCTED JURY DETERMINING THAT ALL E… |
| 19-8731 | Edson Gelin v. United States | Eleventh Circuit | 2020-06-17 | Denied | Response WaivedIFP | buyer-seller criminal-law criminal-procedure evidence-law fair-trial judicial-discretion jury-instruction jury-instructions theory-of-defense | WHETHER THE DEFENSE IS ENTITLED TO A BUYER-SELLER JURY INSTRUCTION WHEN THE INSTRUCTION IS PART OF THE THEORY OF DEFENSE AND OTHERWISE NECESSARY FOR A… |
| 19-8612 | Edward Ronald Stamper v. United States | Ninth Circuit | 2020-06-05 | Denied | Response WaivedIFP | consent criminal-intent criminal-law due-process indian-reservation ineffective-assistance-of-counsel jury-instruction jury-instructions mens-rea sexual-abuse sexual-assault | The government convicted Edward Ronald Stamper of sexual abuse in violation of 18 U.S.C. § 2242(2)(B) based on a jury instruction which provided: In … |
| 19-8376 | Carlos M. Guerrero-Castro v. United States | First Circuit | 2020-04-28 | Denied | Response WaivedIFP | conspiracy criminal-enterprise criminal-procedure enterprise essential-element judicial-procedure jury-instruction jury-instructions plain-error RICO rico-conspiracy | Whether a district court commits plain error by refusing to properly instruct the jury that the existence of an actual enterprise is always an essenti… |
| 19-8336 | Igancio Reyes-Yanez v. United States | Ninth Circuit | 2020-04-22 | Denied | Response WaivedIFP | burden-of-proof constitutional-rights criminal-procedure defendant-testimony due-process jury-instruction jury-instructions presumption-of-innocence | 1. Should a writ of certiorari be granted to address whether the Government can tell a jury that, "when [a defendant] testifies, there's no presumptio… |
| 19-8294 | Roscoe Johnson v. Mississippi | Mississippi | 2020-04-18 | Denied | Response WaivedIFP | abuse-allegations criminal-defense criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions motion-in-limine position-of-trust | Whether Johnson's Trial Counsel provided Constitutionally ineffective assistance of Trial Counsel when he failed to file a Motion in limine to prevent… |
| 19-8253 | Rudolph Churchill v. Pennsylvania | Pennsylvania | 2020-04-14 | Denied | IFP | constitutional-rights criminal-procedure due-process evidence hypothetical-question ineffective-assistance jury-instruction jury-instructions prosecutorial-misconduct sixth-amendment trial-counsel | SIXTH AMENDMENT TO THE U.S. CONSTITUTION INEFFECTIVE ASSISTANCE OF COUNSEL (TRIAL COUNSEL) *FAILING TO REQUEST THAT THE JURY BE CHARGED WITH RESPECT … |
| 19-8237 | Fernando Romero-Salgado v. United States | Ninth Circuit | 2020-04-10 | Denied | Response WaivedIFP | circuit-split criminal-procedure fifth-amendment jury-instruction jury-instructions mens-rea plain-error plain-error-review sixth-amendment substantial-rights | Does Rehaif error per se affect a defendant's substantial rights under the third prong of plain-error review? |
| 19-8119 | Walter E. Williams v. Mark S. Inch, Secretary, Florida Department of Corrections | Florida | 2020-03-27 | Denied | Relisted (2)IFP | constitutional-challenge constitutional-law criminal-conviction criminal-procedure double-jeopardy due-process essential-element felony-murder judicial-review jury-instruction standing | can a trial court acquit and convict for same crime without violating the prohibitions of the fiFTH Amendment involving double jeopardy in this case? … |
| 19-7957 | Damar D. Ruffin v. United States | Sixth Circuit | 2020-03-12 | Denied | Response WaivedIFP | appeals appellate-review controlled-substance controlled-substances criminal-procedure double-jeopardy due-process evidence evidence-law jury-instruction jury-trial reversible-error sentencing standard-of-review | 1. Sheer le Sul, Circle Cocer oF Aopeals Tiling \s \n direct Contes cartlkwothe Laws othe Svupreme CoURT™ Rex er ding . Pleas Eaor tor Kel cation OF —… |
| 19-7795 | Robert Alan Foster v. Willis Chapman, Warden | Sixth Circuit | 2020-02-27 | Denied | Response WaivedIFP | civil-rights discovery-violation due-process equal-protection fair-trial first-amendment free-speech ineffective-assistance jury-instruction prosecutorial-misconduct racial-discrimination school-desegregation sixth-amendment standing voting-rights | Question not identified. |
| 19-7750 | Russell Patrick Brown v. Kenneth D. Hutchison, Warden | Sixth Circuit | 2020-02-24 | Denied | Response WaivedIFP | 1st-degree-murder constitutional-due-process constitutional-violation conviction criminal-conviction due-process insufficient-evidence jackson-v-virginia jury-instruction premeditation self-defense supreme-court-precedent | (1) Whether it's a U.S. constituion Due Process violation proscribed by this court in Jackson v. Virginia, for Mr. Brown's 1st degree murder convictio… |
| 19-7633 | Anthony Allen v. Illinois | Illinois | 2020-02-12 | Denied | Response WaivedIFP | burden-of-proof criminal-law criminal-procedure due-process fourteenth-amendment intent-element jury-instruction jury-instructions presumption-of-intent reasonable-doubt | I. In an action in which the sole claim is whether,in a case in which intent is an element of the crime convicted of,the jury instruction, "the law … |
| 19-999 | Lewis Alan Dugan v. Wyoming | Wyoming | 2020-02-10 | Denied | Response Waived | criminal-procedure criminal-prosecution due-process first-amendment free-speech jury-instruction obscenity overbreadth speech-conduct stalking-statute | 1. Whether, in a prosecution for writing obscene letters, a trial court should instruct a jury regarding the legal definition of the term "obscene" as… |
| 19-7545 | Willie Palmer v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2020-02-04 | Denied | Response WaivedIFP | 6th-amendment abandonment effective-assistance-of-counsel evidentiary-hearing ineffective-assistance jury-instruction jury-instructions postconviction-relief rule-3.850 sixth-amendment unreasonable-determination-of-facts | Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court when they d… |
| 19-960 | Grand Trunk Western Railroad Company v. Steven R. Lilly | Michigan | 2020-01-31 | Denied | Amici (1)Response Waived | civil-procedure employment-law federal-employers-liability-act fela jury-instruction jury-instructions personal-injury preexisting-condition railroad-employee workplace-liability | Whether, in a personal injury action brought by a railroad employee against his employer under the Federal Employers Liability Act (FELA), a jury must… |
| 19-906 | Philip N. Antico v. United States | Eleventh Circuit | 2020-01-22 | Denied | allen-charge circuit-court-conflict constitutional-rights criminal-procedure due-process fundamental-due-process fundamental-rights jury-instruction jury-instructions retrial-cost retrial-costs | Is a criminal defendant's fundamental constitutional rights violated by an Allen charge that instructs a deadlocked jury to consider the expense of a … | |
| 19-7124 | Derwin Lee Butler v. California | California | 2019-12-31 | Denied | IFP | constitutional-rights criminal-procedure due-process jury-instruction jury-instructions post-trial-hearing right-to-call-witnesses stipulation trial-court-error trial-error trial-procedure witness-testimony | 1. Does' a criminal defendant become deprived of his constitutional rights when the trial court fails to read an agreed upon stipulation and instructi… |
| 19-6972 | Tarsis Guillermo Sanchez-Mora v. United States | First Circuit | 2019-12-19 | Denied | Response WaivedIFP | circuit-court-split circuit-split criminal-procedure federal-procedure jury-instruction jury-instructions miscarriage-of-justice plain-error rico-conspiracy statutory-interpretation | The lower court's ruling fail ed to correct a miscarriage of justice by allowing a conviction to stand, where the trial court's jury instruction on th… |
| 19-6960 | Ulriste Tulin v. United States | Fourth Circuit | 2019-12-16 | Denied | Response WaivedIFP | actual-innocence constitutional-rights due-process equal-protection fifth-amendment fourteenth-amendment grand-jury indictment jury-instruction | The Fifth Amendment of the Constitution requires a person to answer for a capital, or otherwise infamous crime, only if he is presented or indicted by… |
| 19-6942 | Savon Germain Carter v. United States | Tenth Circuit | 2019-12-13 | Denied | IFP | buyer-seller-rule circuit-split criminal-law criminal-procedure drug-conspiracy due-process end-user jury-instruction jury-instructions methamphetamine-distribution | A federal jury convicted Savon Carter and Christina Eichler of the sole count charged against them, conspiracy to distribute 500 grams or more of a mi… |
| 19-6848 | Robert Matthew Wittal v. Montana | Montana | 2019-12-04 | Denied | Response WaivedIFP | co-defendant-testimony credibility criminal-procedure criminal-trial ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions legal-objection sixth-amendment witness-credibility | The states key witnesses at a homicide trial were three charged co-defendants. Petitioner's defense rested upon undermining the credibility of the c… |
| 19-6617 | Melissa Morton v. United States | Ninth Circuit | 2019-11-14 | Denied | Response WaivedIFP | appeal appellate-review circuit-split criminal-procedure-waiver due-process inter-circuit-conflict intra-circuit-conflict jury-instruction jury-instructions legal-procedure right-relinquishment right-to-appeal waiver | Whether a defendant waives his right to challenge a jury instruction on appeal if he proposed the instruction below, even if the record contains no ev… |
| 19-495 | Martin Shkreli v. United States | Second Circuit | 2019-10-16 | Denied | Response Waived | bank-fraud forfeiture-calculation good-faith good-faith-defense jury-instruction jury-instructions loss-causation mail-fraud materiality mens-rea no-ultimate-harm prosecutorial-standard securities-fraud statutory-interpretation wire-fraud | In prosecutions for mail, wire and bank fraud, which require a finding of a loss or an intended loss by the victim, a "no ultimate harm" instruction h… |
| 19-6236 | Christina Marie Eichler v. United States | Tenth Circuit | 2019-10-10 | Denied | IFP | buyer-seller-rule circuit-split conspiracy conspiracy-to-distribute criminal-law distribution drug-sales due-process end-users evidence-admissibility jury-instruction | 1. Is evidence of drug sales admissible to prove a conspiracy to distribute when the person charged with the conspiracy only sold drugs to end users a… |
| 19-6151 | Ahmed Ali v. Tammy Foss, Acting Warden, et al. | Ninth Circuit | 2019-10-03 | Denied | Response RequestedRelisted (2)IFP | appellate-review certificate-of-appealability constitutional-rights criminal-procedure criminal-procedure-rights due-process habeas-corpus jury-instruction jury-instructions third-party-culpability trial-court | Whether the Court of Appeals erred in denying a Certificate of Appealability on his claim that he was denied his right to present a defense by the tri… |
| 19-6104 | Freya D. Pearson v. United States | Eighth Circuit | 2019-10-01 | Denied | Response WaivedRelisted (2)IFP | 18-usc-1001 district-court due-process duty-to-speak false-statement government-knowledge government-misconduct jury-determination jury-instruction jury-instructions materiality prosecutorial-discretion statutory-interpretation wire-fraud | 1) Can a conviction stand under 18 U.S.C. 1001 (2) without a "Materiality" determination, and should that Determination come from the District Court o… |
| 19-6017 | Randy Matthew Cordero v. Nick A. Guzman, et al. | Ninth Circuit | 2019-09-20 | Denied | Response WaivedIFP | civil-procedure civil-rights constitutional-rights due-process jury-instruction jury-trial personal-injury standing trial-fairness | CIVIL CASE IN LIGHT OF THE LOWER COURTS DECISION CAN THE PLAINTIFF TO THE DISTRICT COURT TRY A CIVIL CASE OF CONSTITUTIONAL INJURY WITHOUT FIRST ALLOW… |
| 19-5774 | Patrick O. Neiss v. Montana | Montana | 2019-09-05 | Denied | Response WaivedIFP | burden-of-proof circumstantial-evidence constitutional-rights due-process fourth-amendment holland-v-united-states jury-instruction jury-instructions net-worth-prosecution particularity presumption-of-innocence probable-cause reasonable-doubt search-and-seizure | 1. In Holland v. United States, 348 U.S. 121, 125 (1954) this Court recognized the "inherent risk" of the use of circumstantial evidence, but held tha… |
| 19-5810 | Daniel Lopez DeJesus v. Jeff Premo, Superintendent, Oregon State Penitentiary | Ninth Circuit | 2019-09-05 | Denied | Response WaivedIFP | burden-of-proof constitutional-error criminal-procedure due-process harmless-error in-re-winship ineffective-assistance jury-instruction jury-instructions presumption winship | Mr. Dejesus alleged that his trial counsel was ineffective for failing to object to a jury instruction that effectively aided the state to surpass the… |
| 19-5686 | Ronnie L. Payne v. United States | District of Columbia | 2019-08-23 | Denied | Response WaivedIFP | burden-of-proof constitutional-error criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jury-instruction jury-instructions reasonable-doubt | WAS TRIAL COUNSEL'S PERFORMANCE OBJECTIVELY UNREASONABLE WHEN HE DID NOT OBJECT TO THE TRIAL JUDGE'S FAULTY REASONABLE-DOUBT INSTRUCTION DIRECTING THE… |
| 19-5695 | Riodejuonerol Hudson v. Charles Bradley, Warden | Sixth Circuit | 2019-08-23 | Denied | Response WaivedIFP | aedpa aedpa-deference appellate-counsel appellate-procedure complete-defense due-process fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction sixth-amendment standard-of-review | I. Ohio has a two step procedure under Ohio App R 26 when one claims the ineffective assistance of appellate counsel. First, there must be a timely "a… |
| 19-5645 | Thomas Potts v. California | California | 2019-08-20 | Denied | IFP | burden-of-proof criminal-procedure due-process jury-instruction jury-instructions possession-of-stolen-property reasonable-doubt robbery robbery-murder theft | Where a criminal defendant is charged with robbery (and thus death-eligible robbery-murder) and the jury must decide whether the prosecution proved ro… |
| 19-208 | Mark A. Beckham v. United States | Eighth Circuit | 2019-08-19 | Denied | appellate-review constitutional-rights criminal-procedure due-process harmless-error jury-instruction jury-instructions reasonable-doubt standard-of-review | Because only a jury, acting on proof beyond a reasonable doubt, may take a person's liberty, when, if ever, is it constitutionally permissible for a… | |
| 19-5631 | Joe Fernandez v. United States | Second Circuit | 2019-08-19 | Denied | Response WaivedIFP | 18-usc-924c aider-and-abettor aider-and-abettor-liability aiding-and-abetting criminal-liability criminal-procedure criminal-procedure-error-analysis harmless-error jury-instruction rosemond-standard rosemond-v-united-states statutory-interpretation sufficiency-of-evidence | 1. Whether the failure to give an instruction on aider and abetter liability for a violation of 18 U.S.C. § 924(c) that comported with this Court's de… |
| 19-5566 | Reilies Wayne Miller v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-08-13 | Denied | Response WaivedIFP | chapman-v-california closing-arguments darden-v-wainwright due-process expert-witness fourteenth-amendment harmless-error jury-instruction jury-instructions self-defense sixth-amendment | 1. Consistent with the Fourteenth Amendment and Chanman v. California . 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967) could the harmless error anal… |
| 19-5436 | Martin Araiza-Jacobo v. United States | Fifth Circuit | 2019-08-02 | Denied | IFP | appellate-review circuit-split criminal-procedure criminal-procedure-error deliberate-ignorance harmless-error jury-instruction jury-instructions legal-sufficiency standard-of-review sufficiency-of-evidence | Whether the standard for assessing the harmlessness of an erroneously submitted deliberate-ignorance instruction turns only on the legal sufficiency o… |
| 19-139 | Delmar Hardy v. United States | Ninth Circuit | 2019-07-30 | Denied | cheek-v-united-states criminal-tax good-faith good-faith-reliance jury-instruction jury-instructions professional-reliance reliance-on-accountant specific-intent tax-fraud tax-law tax-professional willfulness | 1. Does this Court's decision in Cheek v. United States, 498 U.S. 192 (1991), require a court to apply a subjective standard in determining whether th… | |
| 19-5330 | Maurice Montrae Parks v. United States | Fourth Circuit | 2019-07-26 | GVR | IFP | burden-of-proof constitutional-validity criminal-conviction criminal-procedure criminal-statute due-process firearm-possession firearms jury-instruction jury-instructions mens-rea rehaif-v-united-states second-amendment statutory-interpretation | Whether a new trial is warranted where the District Court failed to instruct the jury that, in order to convict a person under 18 U.S.C. § 922(g), it … |
| 19-5334 | Martel Valencia-Cortez v. United States | Ninth Circuit | 2019-07-25 | Denied | IFP | criminal-procedure due-process evidence eyewitness-identification jury-instruction jury-instructions reliability-factors standing trial-error trial-procedure witness-identification | Whether a district court commits error in a federal criminal case by failing to provide a specific eyewitness identification instruction, which requir… |
| 19-5260 | Michael Levon Jackson v. United States | Eleventh Circuit | 2019-07-19 | GVR | IFP | 18-usc-922g acquittal constitutional-law constitutional-rights criminal-procedure due-process element-of-crime jury-instruction jury-instructions jury-unanimity reasonable-doubt sentencing | Question One The Constitution requires that a jury find every element of the crime beyond a reasonable doubt. The district court, however, did not pro… |
| 19-5167 | Christian Don'tae Hood v. United States | Fourth Circuit | 2019-07-12 | Denied | Response WaivedIFP | cellular-phone co-defendant compelled-testimony compulsory-process evidence-admissibility fifth-amendment fifth-amendment-rights jury-instruction post-arrest-interview search-and-seizure self-incrimination sixth-amendment | I. IT WAS ERROR FOR THE TRIAL COURT TO ADMIT THE APPELLANT'S POST-ARREST INTERVIEW WHEN THE GOVERNMENT VIOLATED HIS FIFTH AMENDMENT RIGHTS BY FORCIBLY… |
| 19-2 | Jackie Hosang Lawson v. FMR LLC, dba Fidelity Investments, et al. | First Circuit | 2019-06-28 | Denied | attorney-fees civil-procedure civil-rights due-process expert-witness-testimony federal-securities-law federal-securities-laws fraud fraud-allegations jury-instruction jury-instructions legal-standards sarbanes-oxley-act securities | Is the jury verdict just and proper on the two deciding questions whether "Fidelity's conduct could constitute violation of Federal law relating to fr… | |
| 19-5 | Luis Arnaldo Baez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-06-28 | Denied | burden-of-proof constitutional-rights criminal-procedure due-process extraneous-evidence jury-instruction jury-trial limiting-instruction propensity-evidence | 1. Whether a jury instruction that permits conviction on proof of extraneous and propensity evidence, rather than on proof of all of the elements of a… | |
| 18-9799 | Benito Rivera v. United States | First Circuit | 2019-06-25 | Denied | Response WaivedIFP | appellate-review criminal-procedure due-process judicial-discretion jury-instruction jury-instructions reasonable-doubt standard-of-proof | 1. Should certiorari be granted to find that, while a district court need not define reasonable doubt, if it does so, it cannot employ a definition th… |
| 18-9767 | LaShawn Johnson v. Randy L. White, Warden | Sixth Circuit | 2019-06-24 | Denied | Response WaivedIFP | 14th-amendment 5th-amendment 6th-amendment aggravating-factors constitutional-rights criminal-procedure due-process indictment jury-instruction jury-instructions | 1.) Does submitting aggravating factors of a crime in a jury instruction that wasn't charged in the indictment violate Due Process of a law according … |
| 18-9723 | Jennifer Cardenas v. United States | Second Circuit | 2019-06-19 | Denied | Response WaivedIFP | constructive-amendment due-process false-statements indictment indictment-specificity jury-instruction statutory-interpretation variance visa-fraud | 1. Whether an indictment charging visa fraud under 18 U.S.C. § 1546(a) or other crimes involving "false statements" must specify the allegedly false s… |
| 18-1528 | Jake Paul Heiney v. Ohio | Ohio | 2019-06-10 | Denied | Response Waived | criminal-conviction criminal-procedure due-process harmless-error harmless-error-analysis jury-finding-of-guilt jury-instruction jury-instructions reasonable-doubt structural-error sullivan-v-louisiana winship | This Court has held that Due Process in criminal cases requires that a State prove every element of an alleged crime beyond a reasonable doubt. In Re … |
| 18-9416 | John O. Williams v. Florida | Eleventh Circuit | 2019-05-23 | Denied | Response WaivedIFP | constitutional-error constitutional-rights criminal-procedure due-process fundamental-fairness habeas-corpus jury-instruction jury-instructions lesser-included-offense | Whether the District Court judges order of denial, denying petitioner's habeas petition and grounds, to the Honorable Robert L. Windle aforementioned … |
| 18-9352 | Donald C. Ridley v. United States | Seventh Circuit | 2019-05-20 | Denied | Response WaivedIFP | aiding-abetting aiding-and-abetting Bullcoming-v-New-Mexico confrontation-clause Crawford-v-Washington due-process griffin-v-united-states ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions rosemond-v-united-states strickland-standard Strickland-v-Washington yates-v-united-states | Does a lower Court's admission that a aiding and abetting jury instruction was erroneous in light of this Court decision in Rosemond v. United States,… |
| 18-9236 | Amy Gonzalez and David Thomas Matusiewicz v. United States | Third Circuit | 2019-05-10 | Denied | Response WaivedIFP | 18-usc-2261a,overbreadth,free-speech,first-amendme 6th-amendment 6th-amendment-unanimity,criminal-procedure,jury-in 6th-amendment,5th-amendment,sentencing,jury-trial, actus-reus criminal-procedure criminal-procedure,evidence,character-evidence,pre criminal-procedure,evidence,polygraph,crane-v-kent criminal-procedure,jury-instructions,causation,act criminal-verdict due-process jury-instruction jury-trial jury-unanimity sixth-amendment Whether 18 U.S.C. § 2261A is unconstitutionally ov Whether a person can be convicted for stalking res Whether Crane v. Kentucky 476 U.S. 683 690 (1986 Whether sentencing courts may continue to violate Whether the admissibility of a civil judicial opin | 1. The Sixth Amendment requires unanimity in jury verdicts. The question presented is: Whether juries must unanimously agree on the actus reus element… |
| 18-9002 | David Curtis Smith v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-04-26 | Denied | Response WaivedIFP | aedpa de-novo-review ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington | Whether the Petitioner was prejudiced under the Sixth Amendment due to trial counsel's failure to object to a concededly erroneous jury instruction an… |
| 18-8916 | Steven Lawrence Wright v. California | California | 2019-04-19 | Denied | IFP | abuse-of-discretion burden-of-proof criminal-procedure criminal-trial due-process fifth-amendment jury-instruction jury-instructions legal-standard motion-for-new-trial new-trial standard-of-review | As to Count 1 the murder conviction, Did the trial court's erroneous jury instruction of CALCRIM No. 301 lower the prosecution's burden of proof stand… |
| 18-8728 | Joseph Christen Thoresen v. Minnesota | Minnesota | 2019-04-08 | Denied | IFP | corroborating-testimony credibility credibility-of-witnesses criminal-procedure criminal-procedure-due-process-jury-instructions-d criminal-procedure-jury-instructions drug-addiction due-process forensic-evidence jury-instruction jury-instructions methamphetamine prejudicial-evidence prejudicial-information witness-credibility | Whether the court below erroneously held, in conflict with the decisions of two circuits, that a special jury instruction was not warranted when consi… |
| 18-8565 | Evender Gene Jackson v. Texas | Texas | 2019-03-26 | Denied | IFP | burden-of-proof constitutional-error direct-appeal harmless-error ineffective-assistance-counsel ineffective-assistance-of-counsel jury-instruction jury-instructions standard-of-review strickland-standard strickland-test strickland-v-washington | IF A TRIAL ATTORNEY'S FAILURE TO OBJECT TO THE OMMISION OF A REQUIRED INSTRUCTION FROM THE JURY CHARGE RAISES THE BURDEN OF PROOF ON DIRECT APPEAL, WH… |
| 18-8575 | Jose Camargo-Alejo, aka Jessica Camargo-Alejo v. United States | Ninth Circuit | 2019-03-26 | Denied | Response WaivedIFP | civil-rights criminal-procedure due-process entrapment entrapment-defense jury-instruction jury-instructions law-enforcement-intent ninth-circuit-precedent objective-theory sorrells-v-united-states subjective-theory | Following this Court's adoption of a subjective theory of entrapment in Sorrells v. United States, 287 U.S. 435 (1932), and progeny, may a court decli… |
| 18-8450 | Randall Alan Carder v. California | California | 2019-03-18 | Denied | IFP | assault assault-with-deadly-weapon constitutional-rights counter-attack criminal-procedure deadly-weapon due-process effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instruction jury-instructions self-defense | Did the trial court violate petitioner's due process rights by failing to sua sponte instruct the jury on self-defense to a charge of assault with a d… |
| 18-8275 | Brian Sawyers v. United States | Ninth Circuit | 2019-03-05 | Denied | Response WaivedIFP | civil-rights criminal-justice criminal-procedure due-process equal-protection implicit-bias jury-instruction jury-instructions jury-selection racial-bias racial-discrimination racial-prejudice sixth-amendment voir-dire | Whether the federal district court should give an implicit bias jury instruction upon request where other courts have recognized that implicit bias is… |
| 18-8232 | Jesus Rosales v. Texas | Texas | 2019-03-04 | Denied | IFP | 6th-amendment allen-charge coercion criminal-procedure due-process judicial-discretion jury-deliberation jury-instruction jury-instructions trial-procedure | AT WHAT POINT SHOULD A COURT GRANT DEFENSES REQUEST FOR AN ALLEN CHARGE, SO THAT THE LACK OF ONE, IN IT'S SELF DOES NOT BECOME COERCIVE? |
| 18-8251 | Zachariah Joel Peterson v. Jay Cassady, Warden | Eighth Circuit | 2019-03-04 | Denied | IFP | certificate-of-appealability criminal-procedure due-process eighth-circuit felony-murder habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence jury-instruction jury-instructions standard-of-review | Whether the Eighth Circuit court of Appeals abused its discretion in denying petitioner a COA on his claim on insufficient evidence. Whether the Eigh… |
| 18-8252 | Freddie Taylor v. United States | Ninth Circuit | 2019-03-04 | Denied | Response WaivedIFP | actual-innocence constitutional-rights conviction due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions mistrial structural-error | Whether The United States District Court And The Ninth Circuit Court Of Appeals Denied The Petitioner Relief Pursuant To The Issues Raised In A Petiti… |
| 18-8120 | Jerry Lynn Lofton v. Mississippi | Mississippi | 2019-02-25 | Denied | Response WaivedIFP | criminal-procedure criminal-trial defendant-rights due-process fifth-amendment jury-instruction jury-instructions prosecutorial-comment prosecutorial-misconduct right-to-silence self-incrimination testimonial-privilege | Whether a prosecutor who this Court has held may not comment to a jury concerning a defendant's failure to testify in a criminal trial may submit his … |
| 18-7826 | Curtis R. Leachman v. Thomas Winn, Warden | Sixth Circuit | 2019-02-07 | Denied | Response WaivedIFP | compulsory-process criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-determination jury-instruction jury-instructions michigan-self-defense-act psychological-expert self-defense self-defense-statute | WAS PETITIONER DENIED THE RIGHT TO COMPULSORY PROCESS WHEN THE TRIAL COURT FAILED TO GRANT FUNDS FOR A PSYCHOLOGICAL EXPERT TO AIDE THE JURY IN DETERM… |
| 18-7523 | Charles James v. Jeffrey Krueger, Warden | Eighth Circuit | 2019-01-23 | Denied | Response WaivedIFP | constitutional-rights due-process equal-protection felony-murder jury-instruction jury-instructions retroactivity statutory-interpretation | 1.)THE IOWA STATE COURT DECISION IN STATE V. HEEMSTRA, THAT IT IS AN INTERPRETATION OF THE STATUTE IS CONTRARY TO THE DECISION IN STATE V. GOOSMAN, TH… |
| 18-7427 | Abdirahman Yasin Daud v. United States | Eighth Circuit | 2019-01-16 | Denied | Response WaivedIFP | appellate-review criminal-procedure due-process harmless-error harmless-error-analysis jury-instruction jury-instructions jury-trial sixth-amendment specific-intent | Whether the Court of Appeals' application of "harmless error" analysis to an erroneous jury instruction regarding the critical, specific intent elemen… |
| 18-7466 | Glenn Bennett, Jr. v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-01-16 | Denied | Response WaivedIFP | burden-of-proof constitutional-rights criminal-defense criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions sixth-amendment | This petition presents the questions of whether reasonable jurists can debate the following issues: 1. Whether the erroneous jury instruction given i… |
| 18-7222 | Winifred Jiau v. United States | Second Circuit | 2019-01-04 | Denied | Response WaivedIFP | 28-usc-2253 certificate-of-appealability constitutional-claims due-process habeas-corpus insider-trading jury-instruction jury-instructions statutory-interpretation | The Second Circuit held, contrary to the holdings of Supreme Court considering the question, a prisoner seeking a Certificate of Appealability (COA) m… |
| 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? … |
| 18-836 | Phil Miranda Luna v. Florida | Florida | 2019-01-03 | Denied | Response Waived | capital-sexual-battery criminal-procedure due-process entrapment internet-sting internet-sting-operation jury-instruction jury-instructions minor sexual-battery statutory-entrapment traveling-to-engage-sex-with-minor | QUESTION 1: Whether due process is denied when a trial court refuses to instruct a jury on a statutory entrapment defense because a defendant, charged… |
| 18-6976 | Joseph Lochuch Ewalan v. Washington | Washington | 2018-12-10 | Denied | IFP | criminal-procedure criminal-trial double-jeopardy due-process evidentiary-basis jury-instruction jury-instructions lesser-included-offense standard-of-review state-court sufficiency-of-evidence united-states-v-dixon | This Courts precedent in United States V. Di xon, 509 U.S. 698 (1993) reached the question of whether a criminal defendant is entitled to a lesser -in… |
| 18-6977 | James Edward Mitchell v. California | California | 2018-12-10 | Denied | IFP | california california-law constitution constitutional-law constitutional-violation criminal-law criminal-procedure due-process inhabitance-standard jury-instruction jury-instructions residential-burglary statutory-interpretation | DOES THE STANDARD JURY INSTRUCTION FOR RESIDENTIAL BURGLARY IN CALIFORNIA VIOLATE THE UNITED STATES CONSTITUTION WHERE IT FAILS TO CONVEY THAT THE "DI… |
| 18-6964 | Henry L. Wallace v. United States | District of Columbia | 2018-12-07 | Denied | Response WaivedIFP | civil-rights criminal-procedure criminal-procedure-defects double-jeopardy due-process indictment-amendment ineffective-assistance ineffective-assistance-of-counsel jurisdiction jurisdictional-defect jury-instruction jury-instructions prosecutorial-misconduct standing | 1.) Whether a jurisdiction defective indictment can he procedurally or time bar adjudication after twenty years if it violate these Supreme Court Full… |
| 18-662 | Mary McDonald v. City of Wichita, Kansas | Tenth Circuit | 2018-11-21 | Denied | Response Waived | adverse-action but-for-causation but-for-cause employment-discrimination jury-instruction jury-instructions predominant-cause retaliation sole-cause sole-cause-standard standard-of-proof title-vii | The plaintiff in a Title VII retaliation case must "establish that his or her protected activity was a but for cause of the alleged adverse action by … |
| 18-6635 | Eddie Hampton v. California | California | 2018-11-08 | Denied | IFP | criminal-procedure criminal-procedure-error felony-murder first-degree-murder jury-instruction jury-instructions murder natural-and-probable-consequence natural-probable-consequence prejudice-standard premeditated-murder standard-of-prejudice | Ft] he jury was rroneousiy insLrjted on (a) Murder as a ui :ural and p:5able consq:ience per pe0p.e VS enLu SY al 4 Lb 5 172 caL Rptr 3d 438 325 P .3d… |
| 18-6542 | Mauricio Licea v. United States | Ninth Circuit | 2018-11-02 | Denied | Response WaivedIFP | civil-procedure dual-role due-process evidence expert-testimony expert-witness jury-instruction jury-instructions law-enforcement law-enforcement-testimony lay-witness trial-procedure | Whether district courts must give a dual-purpose jury instruction after a law enforcement officer testifies as both an expert and a percipient witness… |
| 18-567 | Danny Snapp v. Burlington Northern Santa Fe Railway Company | Ninth Circuit | 2018-10-31 | Denied | ada ADA-interactive-process ada-reasonable-accommodation burden-of-proof civil-rights disability-discrimination employer-burden employment interactive-process jury-instruction jury-instructions reasonable-accommodation summary-judgment undue-hardship us-airways-v-barnett | In 2013 on appeal from a summary judgment dismissing claims for violation of the Americans with Disabilities Act (the "ADA"), 42 U.S.C. §12101 et. seq… | |
| 18-6485 | Richard Elliott Cain v. Washington | Washington | 2018-10-29 | Denied | IFP | 6th-amendment character-evidence constitutional-rights criminal-procedure criminal-procedure-evidence due-process evidence fair-trial jury-instruction jury-instructions propensity-evidence search-warrant | WHETHER THE TRIAL COURT ERRED IN FAILING TO GIVE THE JURY A LIMITING INSTRUCTION AFTER PERMITTING CHARACTER AND PROPENSITY EVIDENCE TO BE INTRODUCED A… |
| 18-6415 | Amalya Cherniavsky, aka Amalya Surenovna Yegiyan v. United States | Ninth Circuit | 2018-10-25 | Denied | Response WaivedIFP | circuit-split criminal-procedure district-court due-process jury-instruction jury-instructions sentencing standard-of-review sua-sponte sufficiency-of-evidence theory-of-defense trial-procedure | Under what circumstances must a district court sua sponte instruct the jury on a theory of defense presented and relied upon at trial where the theory… |
| 18-6325 | Adrian Contreras-Rebollar v. Mike Obenland, Superintendent, Monroe Correctional Complex | Ninth Circuit | 2018-10-15 | Denied | Response WaivedIFP | 6th-amendment certificate-of-appealability co-counsel criminal-procedure-6th-amendment-right-to-counsel- criminal-procedure-6th-amendment-self-defense-inef defense-of-another due-process ineffective-assistance jury-instruction right-to-counsel self-defense sixth-amendment | where petitioner's defense in the trial court was based on Self-Defense, petitioner did not fully trust his Dept. of Assigned counsel lawyer, and thus… |
| 18-6265 | Samuel Silva v. United States | Tenth Circuit | 2018-10-10 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure criminal-statute evidence evidence-prejudice federal-firearms federal-rule-403 federal-rules-of-evidence felon-in-possession felon-possession firearm-possession jury-instruction jury-instructions prejudice prejudicial-evidence probative-value rule-403 | Whether the practice of telling juries in a 18 U.S.C. § 922(g) (1) prosecution that the defendant is a previously -convicted felon, as is routine ly d… |
| 18-6227 | DeWayne L. Wester v. Illinois | Illinois | 2018-10-04 | Denied | Response WaivedIFP | cause cause-standard ineffective-assistance-of-counsel jury-instruction jury-instructions post-conviction post-conviction-petition res-judicata successive-petition | Where a State Court fail to adjudicate an issue properly raised and argued in a post conviction petition and on appeal, can the absence of a res judic… |
| 18-6152 | M. E. D. v. New Jersey | New Jersey | 2018-10-01 | Denied | Relisted (2)IFP | child-endangerment criminal-procedure due-process evidence evidence-law fair-trial jury-instruction jury-instructions other-wrongs-evidence second-degree-child-endangerment victim-testimony witness-testimony | (1) DID THE TRIAL COURT VIOLATE PEIITIONER"S RIGHT UNDER THE DUE PROCESS CLAUSE TO A FAIR TRIAL WHEN THE COURT FAILED TO INSTRUCT THE JURY PROPERLY ON… |
| 18-5972 | Assane Faye v. United States | Third Circuit | 2018-09-13 | Denied | Response WaivedIFP | burden-of-proof fifth-amendment indictment jury-instruction jury-instructions non-statutory-element prosecutorial-discretion sufficiency-of-evidence trial-procedure | Does the government heighten its burden of proof at trial by adding a non-statutory element to the indictment, pursuing its case to include that extra… |
| 18-5001 | John Theodore Hancock v. United States | Sixth Circuit | 2018-06-28 | Denied | Response WaivedIFP | burrage-standard but-for-causation causation criminal-law criminal-procedure death-penalty death-resulting due-process jury-instruction jury-instructions sentencing statutory-interpretation | Does a jury instruction that submits the question of whe- ther a death was the result of the accused's offense by simply tracking the statutory lang… |