jury-misconduct

32 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-5560 Yancey J. Myers v. United States Eighth Circuit 2025-09-05 Denied Response WaivedIFP constitutional-rights due-process judicial-bias jury-misconduct structural-error trial-procedure 1) . Where a disqualified trial judge recuses himself due to substantial prejudice/bias ; POSTCONVICTION! is there a structural error because said j…
24-7389 Nathan Ray Foreman v. Texas Texas 2025-06-10 Denied IFP appellate-counsel constitutional-rights due-process habeas-corpus ineffective-assistance jury-misconduct The investigation and presentation of a motion for new trial after a jury convicts a Defendant is a critical stage of the appellate process. The quest…
24-6995 Preston Alton Strong v. Arizona Arizona 2025-04-15 Denied IFP burden-of-proof due-process external-evidence judicial-error jury-misconduct trial-procedure Did the Arizona Supreme Court err when, like a substantial number of courts throughout the country, it violated the rule contained in Court's decision…
24-6212 Raymond Anthony Lewis v. Raul Morales, Acting Warden Ninth Circuit 2024-12-30 Denied IFP capital-sentencing death-penalty extraneous-evidence habeas-corpus jury-misconduct religious-bias 1) In a death penalty case, does post-trial evidence showing that the jury foreperson told the panel on the fourth day of sentencing deliberations tha…
24-5906 John Esposito v. Shawn Emmons, Warden Georgia 2024-11-04 Denied IFP capital-punishment constitutional-review due-process habeas-corpus judicial-fact-finding jury-misconduct CAPITAL CASE After receiving the trial court's instructions not to discuss the case with anyone, one of the jurors who sentenced Mr. Esposito to deat…
24A216 Lance Shockley v. David Vandergriff, Warden Eighth Circuit 2024-08-28 Presumed Complete ineffective-assistance juror-bias jury-misconduct right-to-fair-trial sixth-amendment voir-dire 1. This case presents an important question dividing the circuits regarding when a certificate of appealability must issue, so that a state prisoner d…
23-1249 Timothy Patrick Guilfoy v. Brandon Watwood, Warden Sixth Circuit 2024-05-29 Denied Response Waived confrontation-clause criminal-procedure due-process fair-trial habeas-corpus jury-misconduct right-to-confront testimonial-evidence After a first trial resulted in a hung jury, Petitioner was retried and ultimately convicted of sexual assault. Suspecting foul play during trial, def…
23-7528 Aaron Matthew Rentfrow v. United States Fifth Circuit 2024-05-21 Denied Response WaivedIFP criminal-procedure evidence fair-trial juror-misconduct jury-misconduct prosecutorial-conduct prosecutorial-misconduct sixth-amendment trial-procedure witness-testimony The district court erred by failing to grant a mistrial. Error in the following four respects, viewed in aggregate, deprived Mr. Rentfrow of his Sixth…
23-7313 Jason Dale Kechego v. United States Sixth Circuit 2024-04-26 Denied Response WaivedIFP cell-phone-use external-influence jury-deliberation jury-impasse jury-misconduct partial-verdict Remmer-hearing Supreme-Court-Rule-14 verdict-procedure When a juror indicates that some other jurors are using their cell phones and meeting in a second room, does this require a district court to hold a R…
23A514 David James Lack v. Matthew Rodriguez Ninth Circuit 2023-12-06 Presumed Complete certificate-of-appealability habeas-corpus jury-misconduct ninth-circuit post-conviction-relief pro-se Question not identified.
23-5926 Jahvaris Lamoun Springfield v. United States Ninth Circuit 2023-10-31 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-procedure due-process fair-trial fifth-amendment jury-misconduct no-impeachment-rule sixth-amendment The question presented is whether there is a constitutional exception to the no-impeachment rule codified in Federal Rule of Evidence 606(b) for insta…
23-5714 Cuhuatemoc Hinricky Peraita v. Alabama Alabama 2023-10-04 Denied Relisted (2)IFP appellate-review evidence-rule juror-misconduct jury-misconduct mattox-v-united-states no-impeachment-rule parker-v-gladden prior-convictions sixth-amendment trial-procedure verdict-challenge During petitioner's trial for capital murder, the jury foreperson told the other jurors misleading and prejudicial information about petitioner's prio…
23-5300 Sandro Ramos v. Chris Rankins Tenth Circuit 2023-08-08 Denied IFP 14th-amendment 6th-amendment brady-violation civil-procedure civil-rights constitutional-law due-process free-speech ineffective-assistance jury-misconduct standing 1. Concerning Exculpatory Evidence- Should Mr. Ramos ' convictions be set aside under Brady, withheld exculpatory evidence which led to the due proce…
23-5012 Matthew Nix v. United States Second Circuit 2023-07-03 Denied Response WaivedIFP appellate-review circuit-split civil-procedure due-process judicial-interpretation juror-misconduct jury-misconduct jury-selection mcdonnell-test mcdonongh-test supreme-court 1. Whether the multiple interpretations of McDonough's two prong test requires this Court to grant certiorari to provide clarity and avoid disparate r…
22-5777 In Re Adib Eddie Ramez Makdessi 2022-10-06 Denied IFP civil-rights constitutional-rights criminal-conviction due-process equal-protection evidence-tampering jury-instructions jury-misconduct prosecutorial-misconduct racial-bias 1-Attached transcripts prores that tral Judge & Prosecution acknowledged that the y u F Eq Pc aahFd Dis coudendRu Claiming it is not Extraordinary -.…
21-1424 Marjana Hoti v. City of Warren, Michigan Michigan 2022-05-05 Denied Response WaivedRelisted (3) due-process external-influence fair-trial judicial-ethics jury-misconduct jury-tampering prosecutorial-misconduct sixth-amendment trial-procedure Is it an external influence-on the jury when the prosecutor and one of the sitting jurors had prior , secret contacts before the trial starts? Is it …
21-7370 Dante Leon Milon v. Tim Hooper, Warden Fifth Circuit 2022-03-15 Denied Response WaivedIFP confrontation-clause due-process fair-trial impartial-jury ineffective-counsel judicial-misconduct jury-misconduct mistrial recusal trial-errors witness-testimony I) If there is a critical discrepancy within the record Is die transcript complete? And a new trial; permitted? Pg 26 2. A witness allowed to give a…
21-6110 Richard L. Starghill, II v. United States Sixth Circuit 2021-10-28 Denied Response WaivedIFP 5th-amendment constitutional-rights criminal-procedure double-jeopardy due-process jury-misconduct prosecutorial-misconduct retrial trial-integrity Do multiple mistrials, necessitated by jury misconduct, create a Double Jeopardy bar, preventing a retrial of a criminal defendant?
21-5890 Christopher W. Terrell v. Arkansas Arkansas 2021-10-05 Denied Response WaivedIFP criminal-conviction due-process fair-trial impartiality jury-impartiality jury-misconduct sixth-amendment trial-fairness 1. Is a criminal conviction unconstitutional and in violation of Due Process when a jury does not remain impartial on the question of guilt for the cr…
20-7031 Jose Diaz, aka Cano v. United States Second Circuit 2021-02-03 Denied Response WaivedIFP constitutional-rights due-process fair-trial juror-deliberations juror-misconduct jury jury-instructions jury-misconduct trial-court-inquiry trial-procedure Should this Court, in order to safeguard a defendant's rights to due process and a fair and impartial jury, clarify the extent to which a trial court …
19-8808 Randolph Ashford v. Michael Stephan, Warden Fourth Circuit 2020-06-24 Denied Response WaivedIFP 14th-amendment 6th-amendment constitutional-rights due-process evidence-tampering evidence-withholding ineffective-assistance ineffective-assistance-of-counsel jury-misconduct prosecutorial-misconduct trial-counsel Was the State of South Carolina City of Columbia, violate Ashford 4thj 5th, 6th, and 14th Amendment to the United States Constitutional Rights by With…
19-8765 Tizazu F. Arega v. Lisa L. Sadler, Judge, et al. Ohio 2020-06-19 Denied IFP 14th-amendment conviction criminal-procedure due-process evidence judicial-review jury-instructions jury-misconduct legal-sufficiency sexual-intercourse trial-procedure verdict-validity PFrTTrSSp^t™ nl intercourse and the jury returned verdict findingSS 1KHSMafaSy 0™88 SS-HH 1™ THE JUHY HAD MOT BHM
19-8093 Jose Passalacqua v. Mike McDonald, Warden Ninth Circuit 2020-03-24 Denied IFP civil-procedure due-process habeas-corpus judicial-procedure jury-misconduct motion-standard ninth-circuit rule-60(b) rule-60b scope-of-hearing successive-petition Did the Ninth Circuit Erred In Holding That Petitioner's Rule 60(b) Motion, Was the Equivalent to an Unauthorized Second or Successive 28 U.S.C. § 225…
19-7690 Devell Short v. Superintendent, State Correctional Institution at Greensburg, et al. Third Circuit 2020-02-20 Denied Response WaivedIFP appeal appeal-rights castle-doctrine constitutional-rights due-process fair-trial judicial-misconduct jury jury-contamination jury-misconduct WHETHER A MISCARRIAGE OF JUSTICE OCCURRED, DUE TO A MISTAKE AND BECAUSE OF A BREAKDOWN IN THE JUDICIAL OPERATION OF THE FEDERAL COURTS, WHEN IT FAILE…
19-7583 Tiffany R. Byrd v. Frederick Boutte, Warden Fifth Circuit 2020-02-07 Denied IFP civil-rights constitutional-rights criminal-procedure due-process evidence evidence-preservation exculpatory-evidence ineffective-assistance-of-counsel judicial-search juror-bias jury-misconduct law-enforcement procedural-violations search-and-seizure Where I, Tiffany R. Byrd, was denied to receive an alternative evidentiary hearing on my claims of Illegal Search and Seizure. Where I was denied an e…
19-6591 In Re Kenneth Uncapher 2019-11-12 Denied Response WaivedIFP 14th-amendment 6th-amendment appellate-review constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel jury jury-bias jury-misconduct mistrial newly-discovered-evidence victim I. Was the Petitioner denied a fair trial where a member of the jury told the judge he was accosted outside of the courtroom by members of the victim'…
19-6216 Maxcium Herring v. L. S. McEwen, Warden Ninth Circuit 2019-10-09 Denied IFP appeal civil-rights constitutional-rights criminal-procedure due-process evidence-admission jury-instructions jury-misconduct sentencing standard-of-review trial-errors waiver If a self represenTed defendanT Taks THE wiTNss sTNd in hiso heR detense whether oNe continves To represent her or himself or whethr The Trial COT mU …
18-8968 Emmanuel Mathis v. United States Eleventh Circuit 2019-04-23 Denied Response WaivedIFP certificate-of-appealability due-process extraneous-communication habeas-corpus judicial-proceeding judicial-review juror-bias jury-misconduct remmer-hearing supervisory-power Whether the United States Court of Appeals for the Eleventh Circuit has so far departed from the accepted and usual course of judicial proceedings, as…
18-6524 Brian Thomas, aka O'Brian A. Thomas, aka Thomas A. O'Brian v. United States Fifth Circuit 2018-10-31 Denied Response WaivedIFP appellate-standard berger-standard berger-v-united-states berger-v-us due-process fair-trial fifth-circuit harmless-error judicial-review jury-bias jury-misconduct procedural-violation prosecutorial-misconduct standard-of-review WHETHER THE FIFTH CIRCUIT COURTS VIOLATED BERGER V !JS AFTER IT CONCEDED THAT THE VIOLATIONS HAD OCCURED BUT DECIDING THAT IT WAS "IMPLAUSIBLE THAT IT…
18-6351 Raymond Baker v. United States Second Circuit 2018-10-16 Denied Response WaivedIFP accomplice-testimony corroboration corroboration-of-accomplice-testimony due-process due-process-rights fair-trial impartial-jury juror-misconduct jury-misconduct post-verdict post-verdict-inquiry 1. Whether, as a means of protecting a defendant's rights to due process and a fair and impartial jury, the Court should clarify whether, when a defen…
18-143 Sandra Lee Bart v. United States Eighth Circuit 2018-07-31 Denied Response WaivedRelisted (2) appellate-review conspiracy conspiracy-conviction due-process evidence evidentiary-hearing fair-trial government-witness juror-misconduct jury-misconduct precedent sixth-amendment substantial-evidence 1. Did the Eighth Circuit fail to follow its own precedent, and rule contrary to other Appellate Circuits and the United States Supreme Court when it …
18-5218 Allen Robertson, Jr. v. Louisiana Louisiana 2018-07-12 Denied IFP atkins-v-virginia criminal-behavior death-penalty eighth-amendment eighth-amendment-cruel-and-unusual-punishment hall-v-florida intellectual-disability jury-misconduct moore-v-texas racial-bias sixth-amendment I. Whether it violates the Eighth Amendment and this Court's decisions in Moore v. Texas, 137 S. Ct 1039 (2017), Hall v. Florida, 134 S. Ct. 1986 (201…