jury-trial
954 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6863 | Michael Jaffe v. Kris Doe | District of Columbia | 2026-02-20 | Pending | IFP | judicial-immunity jury-trial quasi-contract seizure-without-warrant seventh-amendment unjust-enrichment | Was Michael Jaffe unconstitutionally denied a jury trial as per Seventh Amendment in case 1:24-cv-01320-UNA in the U.S. District Court for the Distric… |
| 25-6773 | Devern Clemons, III v. Florida | Florida | 2026-02-10 | Pending | Response WaivedIFP | constitutional-rights criminal-procedure fourteenth-amendment jury-trial serious-felony sixth-amendment | Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 25A855 | Arvin Terrill Carmen v. United States | Ninth Circuit | 2026-01-30 | Application | continuing-criminal-enterprise effective-assistance jury-trial narcotics-violation sixth-amendment unanimous-verdict | The question in this case centers on a determination of the proper application of 21 U.S.C. § 848(c)(2)(A) and what legal standards and facts are nece… | |
| 25-883 | James Thomas Ford v. Florida | Florida | 2026-01-23 | Pending | Response Waived | due-process fourteenth-amendment human-trafficking jury-trial prosecutorial-discretion vindictive-prosecution | Does a prosecutor engage in vindictive prosecution in violation of the Due Process Clause of the Fourteenth Amendment where she amends the criminal ch… |
| 25-6623 | Hamed Kian v. Florida | Florida | 2026-01-20 | Pending | Response RequestedResponse WaivedIFP | constitutional-rights criminal-procedure fourteenth-amendment jury-trial serious-felony sixth-amendment | Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 25-6607 | Kevin Esaud Perez Rojas v. Florida | Florida | 2026-01-16 | Pending | Response WaivedIFP | constitutional-rights criminal-procedure fourteenth-amendment jury-trial serious-felony sixth-amendment | Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 25-6571 | Maxo Casseus v. Florida | Florida | 2026-01-13 | Pending | Response WaivedIFP | constitutional-rights criminal-procedure fourteenth-amendment jury-trial serious-felony sixth-amendment | Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 25A803 | Henry Wade v. United States | Eleventh Circuit | 2026-01-12 | Application | constitutional-violation criminal-procedure due-process jury-trial prosecutorial-misconduct structural-error | Whether the Petition presents multiple preserved structural constitutional questions of exceptional national importance, including: constructive amend… | |
| 25-6479 | Leontis Cornelius v. United States | Seventh Circuit | 2026-01-05 | Pending | Response WaivedIFP | criminal-recklessness felon-in-possession jury-trial self-defense sentencing-enhancement sixth-amendment | 1.When the government seeks to aggravate the sentence of a felon in possession of a firearm (18 USC § 922 [g]) contending that he violated a State c… |
| 25-6457 | Elijah Behringer v. California Polytechnic State University, San Luis Obispo, et al. | Ninth Circuit | 2025-12-31 | Pending | Response WaivedIFP | covid-mandates jacobson-precedent jury-trial rational-basis-review sixth-amendment substantive-due-process | (1) Whether this Court's decision in Jacobson v. Massachusetts, 197 U.S. 11 (1905) provides authority for automatic dismissal of lawsuits challenging … |
| 25-739 | Herbert Hirsch, et al. v. United States Tax Court | Eleventh Circuit | 2025-12-22 | Pending | Amici (3)Response RequestedResponse Waived | administrative-proceedings constitutional-rights jury-trial mandamus seventh-amendment tax-fraud | 1. Whether the court of appeals must issue a writ of mandamus when a petitioner is erroneously denied a jury trial, without considering whether the ri… |
| 25-6412 | Israel Navarro v. New York | New York | 2025-12-22 | Pending | Response WaivedIFP | apprendi-rule criminal-procedure fifth-amendment jury-trial sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments guarantee criminal defendants, like the petitioner Israel Navarro, the right to a jury trial on statutorily req… |
| 25-6386 | Gavin Michael Harold v. United States | Eleventh Circuit | 2025-12-16 | Pending | Response RequestedResponse WaivedIFP | child-pornography criminal-punishment jury-trial mandatory-minimum restitution sixth-amendment | In 2018, Congress enacted the Amy, Vicky, and Andy Child Pornography Victim Assistance Act, which established a mandatory minimum restitution amount o… |
| 25A678 | Thurmond McDonald v. Florida | Florida | 2025-12-09 | Application | constitutional-rights criminal-procedure habitual-offender jury-trial sentencing-enhancement sixth-amendment | Question not identified. | |
| 25-650 | Raymon Walters v. United States | Third Circuit | 2025-12-04 | Denied | Response Waived | counsel-strategy criminal-defense defendant-rights jury-trial legal-ethics sixth-amendment | Whether defense counsel may concede an element of an offense over the defendant's objection, where the concession is reasonably designed to advance th… |
| 25-6221 | Hugo Chavez Valdivias v. United States | Tenth Circuit | 2025-11-24 | Denied | Response WaivedIFP | constitutional-rights jury-nullification jury-trial sentencing-consequences sixth-amendment verdict-power | Does the Sixth Amendment right to a jury trial guarantee a jury informed of its power to return a verdict against the law and the facts? Does the Six… |
| 25-6154 | Karyn M. Kelley, Individually and as Trustee of The Karyn M. Kelley Revocable Trust Agreement of July 13, 2016 v. Mary Feeney, et al. | New Hampshire | 2025-11-18 | Denied | Response WaivedIFP | constitutional-rights court-of-appeals due-process judicial-bias jury-trial subject-matter-jurisdiction | I-(a) Did the court of appeals err in holding that the lower court violated Article 20, Part First, of the New Hampshire Constitution, which the parti… |
| 25A545 | Harvey Birdman, et al. v. United States Tax Court | Eleventh Circuit | 2025-11-12 | Application | administrative-proceedings constitutional-rights due-process fraud-penalties jury-trial seventh-amendment | Question not identified. | |
| 25A544 | Herbert Hirsch, et al. v. United States Tax Court | Eleventh Circuit | 2025-11-12 | Application | administrative-proceedings constitutional-rights due-process fraud-penalties jury-trial seventh-amendment | Question not identified. | |
| 25-6040 | Gustavo Tijerina Sandoval v. Texas | Texas | 2025-11-05 | Denied | Response WaivedIFP | due-process harmless-error jury-trial sixth-amendment state-law trial-counsel | 1. May a state court that reaches and decides an asserted violation of the Sixth Amendment right to jury trial that has not been waived or forfeited u… |
| 25-509 | Jana Shepherd v. Helen Painter & Co., et al. | Texas | 2025-10-24 | Denied | breach-of-fiduciary-duty constitutional-rights due-process fraud jury-trial summary-judgment | Did the Trial Court violate the Appellant's constitutional right to a jury trial by denying the request for a jury trial, despite the Appellant's time… | |
| 25-5895 | Rickey Johnson, aka Sealed Defendant 1, aka Neil Dawn Defarren v. United States | Second Circuit | 2025-10-15 | Pending | IFP | circuit-split constitutional-law criminal-procedure harmless-error jury-trial sixth-amendment | L. Whether the acknowledged violation of a federal criminal defendant's right to a jury of 12, under Fed. R. Crim. P. 23(b), can be harmless, a questi… |
| 25-445 | E&I Global Energy Services, Inc., et al. v. Liberty Mutual Insurance Company | Eighth Circuit | 2025-10-14 | Denied | Response Waived | civil-procedure contract-assignment expert-testimony federal-rules jury-trial seventh-amendment | 1. Whether the district court violated the Seventh Amendment and Federal Rule of Civil Procedure 39(b) by denying petitioners' timely motion for a jur… |
| 25-5819 | Max Fontes v. Arizona | Arizona | 2025-10-07 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights criminal-procedure jury-trial ramos-precedent sixth-amendment twelve-person-jury | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a felony. |
| 25-5732 | Jeremy Baum v. Missouri | Missouri | 2025-09-25 | Denied | Response WaivedIFP | appellate-review criminal-conviction due-process fourteenth-amendment jury-trial legal-precedent | Whether affirming a criminal conviction on a different theory than what was presented to the jury conflicts with this Court's holdings in Cole v. Arka… |
| 25A342 | Amanda Norris, et vir v. Safeguard Properties, et al. | Fourth Circuit | 2025-09-24 | Presumed Complete | appellate-review breach-of-contract invasion-of-privacy jury-trial pro-se trespass | Question not identified. | |
| 25-5720 | Gregory Bartunek v. United States | Eighth Circuit | 2025-09-24 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights criminal-procedure due-process judicial-fact-finding jury-trial sentencing | Whether the rights of due process and to a jury trial are violated when courts impose sentences that, but for a judge-found fact, including, but not l… |
| 25-5716 | Jesus Meraz-Ramirez v. United States | Fifth Circuit | 2025-09-24 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure felony-conviction immigration-law jury-trial sentencing-enhancement | Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 25-343 | CashCall, Inc., et al. v. Consumer Financial Protection Bureau | Ninth Circuit | 2025-09-23 | Pending | circuit-precedent constitutional-rights jury-trial legal-restitution seventh-amendment waiver | This Court has held that equitable restitution can be awarded without a jury but is capped at "a defendant's net profits," Liu v. SEC, 591 U.S. 71, 87… | |
| 25-334 | Satyasheel S. Korpe v. United States | Fourth Circuit | 2025-09-22 | Denied | Response Waived | article-iii driving-while-intoxicated jury-trial probation-conditions second-amendment-rights sixth-amendment | 1. Does the Sixth Amendment and Article III, Section 2, Clause 3 of the Constitution, guarantee a defendant charged with Driving While Intoxicated the… |
| 25-5663 | Brahim Boumakh v. Michelle C. Reid, Superintendent, Fairfax County Public Schools, et al. | Fourth Circuit | 2025-09-17 | Rehearing | Relisted (2)IFP | civil-rights constitutional-violations employment-discrimination jury-trial procedural-technicalities religious-accommodation | Whether a United States District Court judge may dismiss a civil rights employment discrimination case on procedural technicalities without granting… |
| 25-5652 | Federico Jose Maldonado-Aleman v. United States | Fifth Circuit | 2025-09-16 | Denied | Response WaivedIFP | circuit-court conspiracy drug-distribution jury-trial sentencing-guidelines sixth-amendment | Whether the Fifth Circuit's decision that a defendant may be sentenced for drugs that he was not shown to have agreed to distribute violates the Court… |
| 25-218 | Brian Smith v. Florida | Florida | 2025-08-22 | Denied | Response Waived | appellate-procedure case-law florida-supreme-court jury-trial post-conviction-relief precedent | Does case law from the Florida Supreme Court in 1999 take Precedence over Case law from the Florida 1st DCA in 1988? When a circuit court judge does n… |
| 25-5430 | Ravon Lovowe Ramsey v. California Department of Corrections and Rehabilitation, et al. | Ninth Circuit | 2025-08-21 | Denied | Response WaivedIFP | civil-rights due-process eighth-amendment expert-testimony jury-trial medical-malpractice | I'/♦'The 3ezC\s\6vx by -Vke Unl-VeA CoiLf^ of Is skooAA be fe\Aer^eJ P e^iAetoe \a -Hie ftgk-V mo 5 4" -fMovable fo -fae PhWnKK a^A AenteA kVw + |fty… |
| 25-5398 | Ricky L. Miller, Jr. v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. | Third Circuit | 2025-08-19 | Rehearing | Relisted (2)IFP | constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial sixth-amendment | (1) DID THE THIRD CIRCUIT COURT OF APPEALS IN VIOLATION OF A MYRIAD OF SUPREME COURT SIXTH AMENDMENT RIGHT TO TRIAL BY JURY PRECEDENTS MISAPPREHEND … |
| 25-5389 | Steven Pitts v. New York | New York | 2025-08-18 | Denied | IFP | constitutional-rights criminal-sentencing factual-findings jury-trial prior-incarceration sixth-amendment | Whether the Sixth Amendment right to a jury trial applies to factual findings regarding the length of a defendant's prior incarceration and the date o… |
| 25-5365 | Omar Alonso Pazos-Montes v. United States | Fifth Circuit | 2025-08-14 | Denied | Response WaivedIFP | criminal-procedure due-process felony-conviction immigration-law jury-trial sentencing-enhancement | Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 25-5282 | Jackson Daniel Bowers v. United States | Ninth Circuit | 2025-08-05 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process jury-trial sixth-amendment supervised-release | In United States v. Haymond , 139 S. Ct. 2369 (2019) , a 4-1-4 decision, this Court left undecided the question of how the Sixth Amendment's jury -tri… |
| 25-5224 | Kelechi Collins Umeh v. United States | First Circuit | 2025-07-29 | Denied | Response WaivedIFP | criminal-conviction defendant-rights jury-trial structural-error trial-court waiver | Is it structural error for a trial court to enter a conviction against a defendant who did not expressly waive his right to a jury trial? |
| 25-102 | Jayne Swinford v. Officer Joshua Santos, et al. | Eleventh Circuit | 2025-07-25 | Denied | Response Waived | civil-rights due-process jury-trial procedural-rules qualified-immunity seventh-amendment | 1. Seventh Amendment and Due Process: Whether the lower courts violated the Seventh Amendment's guarantee of a jury trial and the Fifth Amendment's D… |
| 25A95 | Larry Jordan v. Stephen Bates, Sr. | Third Circuit | 2025-07-23 | Presumed Complete | civil-case dismissal factual-matters jury-trial right-to-trial seventh-amendment | Question not identified. | |
| 25-5180 | Sherrod Anthony Wright v. Florida | Florida | 2025-07-23 | Denied | Response WaivedIFP | criminal-procedure defendant-rights jury-trial sixth-amendment state-court waiver | Whether the ancient right enshrined in the Sixth Amendment to trial by a twelve-member jury applies to a state court trial for major felonies where th… |
| 25A90 | Alan Headman v. Federal Bureau of Investigation, et al. | Fifth Circuit | 2025-07-22 | Presumed Complete | agency-action appellate-exhaustion civil-rights color-of-law jury-trial seventh-amendment | Question not identified. | |
| 25-70 | William Kelly v. Graphic Packaging International, LLC | Sixth Circuit | 2025-07-21 | Denied | americans-with-disabilities-act compensatory-damages jury-trial punitive-damages retaliation seventh-amendment | 1. Whether the Seventh Amendment and 42 U.S.C. § 1981a(c)(1) guarantee a jury trial when a plaintiff seeks compensatory or punitive damages for retali… | |
| 25-5100 | David Joseph Peterson v. Black Body Corporation, dba Antec, Incorporated, et al. | Fourth Circuit | 2025-07-15 | Denied | Response WaivedIFP | constitutional-right credibility-determination due-process jury-trial seventh-amendment summary-judgment | 1. Whether the lower court erred in making credibility determinations in allowing Respondent's Motion for Summary Judgment thereby denying Petitioner … |
| 25-5093 | Hector Manuel Nunez-Cardenas v. United States | Fifth Circuit | 2025-07-14 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure felony-conviction immigration-law jury-trial sentencing-enhancement | Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 25A49 | Karyn M. Kelley, Individually and as Trustee of The Karyn M. Kelley Revocable Trust Agreement of July 13, 2016 v. Mary Feeney, et al. | New Hampshire | 2025-07-11 | Presumed Complete | due-process fourteenth-amendment jury-trial probate-court subject-matter-jurisdiction title-dispute | Question not identified. | |
| 25A46 | CashCall, Inc., et al. v. Consumer Financial Protection Bureau | Ninth Circuit | 2025-07-11 | Presumed Complete | constitutional-rights consumer-lending equitable-remedy jury-trial legal-restitution seventh-amendment | This is an application for an extension of time to file a petition for certiorari, not a petition for certiorari itself. The document does not contain… | |
| 25A16 | Thomas Bradley v. United States | Sixth Circuit | 2025-07-07 | Presumed Complete | armed-career-criminal-act constitutional-error harmless-error-review jury-trial sentencing-enhancement sixth-amendment | Question not identified. | |
| 25-18 | Cirrus Design Corporation v. Great Western Air, LLC, dba Cirrus Aviation Services, LLC | Ninth Circuit | 2025-07-07 | Denied | Amici (1)Response Waived | circuit-split jury-trial lanham-act monetary-relief seventh-amendment trademark-infringement | Whether, as this Court held in Dairy Queen, the Seventh Amendment jury-trial right applies in trademark-infringement actions seeking monetary relief i… |
| 25-12 | Arrin Farrar, et ux. v. Textron Aviation, Inc., et al. | Kansas | 2025-07-03 | Denied | airworthiness circuit-split due-process general-aviation-revitalization-act jury-trial statutory-interpretation | 1. Have various State and Federal Courts, when asked to apply The General Aviation Revitalization Act of 1994, inconsistently legislated from the benc… | |
| 24-1320 | Centerline Logistics Corporation, et al. v. Inlandboatmen’s Union of the Pacific, et al. | California | 2025-06-27 | Denied | Response Waived | actual-malice anti-SLAPP defamation due-process first-amendment jury-trial | 1. Whether this Court should overturn Sullivan's actual malice standard. 2. Whether the Seventh Amendment's right to a jury trial is incorporated aga… |
| 24-7486 | Bruce Stroud v. United States | Fifth Circuit | 2025-06-24 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-sentencing fact-finding fifth-amendment jury-trial restitution-order sixth-amendment | Whether a restitution order imposed as part of a federal criminal sentence and based on fact-findings made by the district court, rather than the jury… |
| 24-7432 | Eleazar Diaz-Balleza v. United States | Fifth Circuit | 2025-06-16 | Denied | Response WaivedIFP | criminal-procedure due-process felony-conviction immigration-law jury-trial sentencing-enhancement | Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 24A1227 | Victor Everette Silvers v. United States | Sixth Circuit | 2025-06-12 | Presumed Complete | beyond-reasonable-doubt criminal-jurisdiction judicial-notice jury-trial sixth-amendment special-maritime-jurisdiction | 1. This case presents an important question regarding a criminal defendant's right to a jury trial guaranteed by the Fifth and Sixth Amendments to the… | |
| 24A1216 | Kelechi Collins Umeh v. United States | First Circuit | 2025-06-10 | Presumed Complete | bank-fraud criminal-procedure guilty-plea jury-trial plea-colloquy structural-error | Whether it is structural error for a court to accept a criminal defendant's guilty plea without informing him of his right to a jury trial. | |
| 24-1243 | Tri-Corp Housing, Inc. v. Robert Bauman | Wisconsin | 2025-06-05 | Denied | Response Waived | actual-malice defamation jury-trial legal-standard public-figure wisconsin-supreme-court | (1) When is a claimant an "involuntary public figure" within the meaning set forth in Gertz v. Robert Welch, Inc., 418 U.S. 323, 94 S. Ct. 2997, 41 L.… |
| 24-7354 | Seth Stewart v. City of American Fork, Utah | Utah | 2025-06-04 | Denied | Relisted (2)IFP | constitutional-interpretation constitutional-rights due-process judicial-precedent jury-trial stare-decisis | In Ramos v. Louisiana, 590 U.S. 83 (2020), this Court held: "stare decisis has never been treated as "an inexorable command. " And the doctrine is "a… |
| 24A1181 | Mark William Sain v. United States | Sixth Circuit | 2025-06-02 | Presumed Complete | armed-career-criminal-act double-jeopardy harmless-error jury-trial sixth-amendment structural-error | Question not identified. | |
| 24-1180 | Corrine Morgan Thomas, et al. v. Humboldt County, California, et al. | Ninth Circuit | 2025-05-19 | Denied | Amici (3)Response RequestedResponse WaivedRelisted (3) | civil-rights common-law fourteenth-amendment incorporation-doctrine jury-trial seventh-amendment | Whether the Seventh Amendment right to a jury trial in suits at common law is incorporated against the States by the Fourteenth Amendment. |
| 24-7155 | John Fitzgerald Gayles v. Arizona | Arizona | 2025-05-07 | Denied | Response WaivedIFP | arizona-rules-of-evidence fraudulent-evidence jury-trial state-evidence testimonial-statements trial-court-discretion | 1) The Question Is WHETHER The Trial Court Abused Its Discretion When It Erroneously Allowed The State Of Arizona To Admit Testimonial State-Ments (th… |
| 24-7145 | Jeffery Day Rieber v. John Q. Hamm, Commissioner, Alabama Department of Corrections | Eleventh Circuit | 2025-05-06 | Denied | IFP | capital-sentencing ineffective-assistance intent intoxication jury-trial sixth-amendment | 1. Did trial counsel render ineffective assistance of counsel at the guilt phase by failing to pursue a theory that Mr. Rieber lacked the requisite in… |
| 24-1075 | Lecram Omari Sanders v. Virginia | Virginia | 2025-04-14 | Denied | Response Waived | after-discovered-evidence due-process fair-trial fourteenth-amendment jury-trial sixth-amendment | Whether the Supreme Court of Virginia erred in affirming the judgment of the Court of Appeals of Virginia, which affirmed the defendant's convictions … |
| 24-6968 | Willie Rodriquez Jones v. Texas | Texas | 2025-04-10 | Denied | IFP | due-process jury-trial professional-misconduct structural-error trial-counsel trial-jurisdiction | Petitioner contends that trial court was without jurisdiction to proceed to judgment and convict. Due to a "structural ;error , " which affects the … |
| 24-6799 | James Garfield Charles v. United States | Sixth Circuit | 2025-03-19 | Denied | Response WaivedIFP | conspiracy criminal-intent drug-trafficking evidence-tampering firearm-usage jury-trial | Question not identified. |
| 24-6752 | Adonis Batista v. United States | Tenth Circuit | 2025-03-12 | Denied | Response WaivedIFP | due-process fifth-amendment jury-trial methamphetamine-quantity sentencing-guidelines sixth-amendment | Were Petitioner's Fifth Amendment due process rights and Sixth Amendment rights to jury trial violated when the jury in his drug conspiracy trial foun… |
| 24-6710 | Robert Klein v. Brookhaven Health Care Facility, et al. | Second Circuit | 2025-03-06 | Denied | Response WaivedRelisted (2)IFP | civil-procedure due-process equal-protection jury-trial pro-se-litigant seventh-amendment | 1. Whether the guarantee that the Constitution of the United States under the Seventh Amendment still entitles a U.S. citizen his Right to a jury tria… |
| 24-6684 | Andrew Rick Lopez v. Correctional Officer D. C. Thomas | Ninth Circuit | 2025-03-03 | Denied | IFP | administrative-exhaustion constitutional-rights due-process jury-trial prison-grievance summary-judgment | UNIFORMITY AMONG THE CIRCUITS I. Definitive Guidance Is Needed on Whether The Ninth Circuit 's Decision Conflicts with Other Circuit Court Reasoning… |
| 24-873 | Angela W. DeBose v. United States, et al. | Eleventh Circuit | 2025-02-14 | Denied | Response Waived | jury-trial preliminary-injunction rule-12b6 rule-65 temporary-restraining-order vexatious-litigant | (1) Whether the "with " and/or "without " notice rules of Rule 65 for a preliminary injunction or temporary restraining order require a hearing? (2) … |
| 24-857 | Brian Estrada v. Jacob Smart | Tenth Circuit | 2025-02-11 | Denied | administrative-exhaustion civil-rights excessive-force jury-trial section-1983 seventh-amendment | 1. Whether the Seventh Amendment's right to a trial by jury extends to issues of fact related to the exhaustion of administrative remedies. This quest… | |
| 24-6520 | Lalako Jonathan Jose v. Arizona | Arizona | 2025-02-10 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure jury-trial ramos-precedent sixth-amendment twelve-person-jury | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a felony. |
| 24-6488 | Jordy Ezequiel Ochoa, aka Jordy Ezequil Ochoa-Cordova v. Robert Luna, Sheriff, Los Angeles County, California, et al. | Ninth Circuit | 2025-02-06 | Denied | Response WaivedIFP | criminal-procedure double-jeopardy habeas-corpus jury-trial mistrial probation-violation | Is it a violation of clearly established federal law under the Double Jeopardy clause to allow a court to declare a mistrial based on a hung jury, hol… |
| 24-6468 | Leonard W. Houston v. United States | Fourth Circuit | 2025-02-04 | Denied | IFP | camp-lejeune-justice-act constitutional-rights federal-civil-procedure jury-trial pro-se seventh-amendment | 1. Whether the Plaintiff, LEOARD W. HOUSTON, pro-se pursuing his cause of action against the Defendant, United States of America, has a right to a tri… |
| 24A747 | Corrine Morgan Thomas, et al. v. County of Humboldt, California, et al. | Ninth Circuit | 2025-01-30 | Presumed Complete | civil-penalties due-process fourteenth-amendment incorporation jury-trial seventh-amendment | Question not identified. | |
| 24-6268 | Ramon Moreno-Cuevas v. Town Sports International, LLC, et al. | Third Circuit | 2025-01-13 | Denied | IFP | article-iii bankruptcy-court due-process jury-trial non-core-proceeding seventh-amendment | Does a litigant in a non-core bankruptcy case, who does not consent to a non-Art-III court trial and who asks, based on his Seventh Amendment rights, … |
| 24-6235 | Joseph Furey Lusk v. United States | Eleventh Circuit | 2025-01-03 | Denied | Response WaivedIFP | constitutional-rights jury-trial predicate-offense proof-beyond-reasonable-doubt sentencing sex-offender-registration | Whether the Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant committed a felony off ense involving a n … |
| 24A665 | Pedro Ortiz Romero v. Puerto Rico Fiscal Agency and Financial Advisory Authority, et al. | First Circuit | 2025-01-03 | Presumed Complete | age-discrimination circuit-split constitutional-rights disparate-impact employment-act jury-trial | Question not identified. | |
| 24-706 | Andrew Thomas Cowhy v. Michigan | Michigan | 2025-01-02 | Denied | constitutional-law criminal-procedure judicial-precedent jury-trial sentencing sixth-amendment | Should the Court reexamine its holding in Oregon v. Ice, 555 U.S. 160 (2009), which exempts factual findings necessary to increase a defendant's punis… | |
| 24A624 | Molly Vogt, as Trustee for the Heirs and Next of Kin of Joshua Vogt, Deceased v. CO Robert Anderson, et al. | Eighth Circuit | 2024-12-26 | Presumed Complete | adverse-inference civil-rights jury-trial section-1983 spoliation summary-judgment | Question not identified. | |
| 24-654 | David Lesh v. United States | Tenth Circuit | 2024-12-17 | Denied | Amici (9)Response RequestedResponse WaivedRelisted (2) | article-iii constitutional-interpretation criminal-prosecution jury-trial petty-offense sixth-amendment | Whether the Constitution's dual guarantee of trial by jury contains an unstated exception for "petty offenses." |
| 24-636 | Jessie J. Barnes v. Donald Uhler, Superintendent, Upstate Correctional Facility, et al. | Second Circuit | 2024-12-11 | Denied | Response Waived | civil-rights due-process fifth-amendment judicial-discretion jury-trial physical-restraints | Whether the Deck test allows a trial judge to require a litigant to wear physical restraints during a jury trial without stating on the record the cas… |
| 24-6083 | Joshua Flores v. United States | Ninth Circuit | 2024-12-05 | Denied | Response WaivedIFP | article-iii constitutional-rights criminal-prosecution jury-trial misdemeanor sixth-amendment | Whether Article III 's guarantee of the right to a jury trial for "all Crimes, except in Cases of Impeachment," and the Sixth Amendment's guarantee of… |
| 24-6062 | Efe Clinton Osaghae v. Kansas | Kansas | 2024-12-04 | Denied | Response WaivedIFP | apprendi-precedent blakely-rule criminal-procedure jury-trial sentencing-enhancement sixth-amendment | Does this Court's decision in Blakely v. Washington, 542 U.S. 296 (2004) establish an "unpled but admitted facts" exception to the rule set forth in A… |
| 24A541 | Laura Smith, as Duly Appointed Representative and Independent Administrator of the Estate of Andrea Manfredi, Deceased v. The Boeing Company, et al. | Seventh Circuit | 2024-12-04 | Presumed Complete | admiralty-jurisdiction death-on-high-seas-act federal-jurisdiction jury-trial maritime-law seventh-amendment | Is federal admiralty jurisdiction under the Death on the High Seas Act (DOHSA), 46 U.S.C. §§ 30301-08, concurrent, or exclusive? | |
| 24-600 | Quiotis C., Jr. v. Nebraska | Nebraska | 2024-12-03 | Denied | Response WaivedRelisted (2) | batson-challenge constitutional-rights jury-trial juvenile-justice prosecutorial-discretion sixth-amendment | 1. Whether all juveniles are guaranteed the Sixth Amendment right to a jury trial in the Constitution regardless of their geographic location when t… |
| 24A508 | Steve Wynn v. The Associated Press, et al. | Nevada | 2024-11-22 | Presumed Complete | actual-malice anti-slapp defamation first-amendment jury-trial new-york-times-v-sullivan | Question not identified. | |
| 24-6016 | Santiago Parks Howard-Rios v. United States | Fifth Circuit | 2024-11-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial statutory-maximum | L Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 24-6003 | Sydni Frazier v. United States | Fourth Circuit | 2024-11-20 | Denied | Response WaivedIFP | criminal-defendant first-degree-murder jury-trial predicate-offense sixth-amendment unanimous-verdict | Whether a criminal defendant's right to a jury trial under the Sixth Amendment is violated when the trial judge does not instruct the jury that it mus… |
| 24-558 | Jeremy Ray Morris, et ux. v. West Hayden Estates First Addition Homeowners Association, Inc. | Ninth Circuit | 2024-11-19 | Denied | fair-housing-act hostile-environment jury-trial religious-discrimination rule-50b seventh-amendment | We are somewhat hesitant to bring up the fact that some of our residents are non-Christians (avowed atheists) or people of another faith and we don't … | |
| 24-5968 | Brian Adkison v. Kelly Morriss, Acting Warden | Eighth Circuit | 2024-11-14 | Denied | Relisted (2)IFP | constitutional-rights criminal-procedure ineffective-assistance jury-trial plain-error strickland-standard | 1. This Court should grant certiorari to clarify that the content prong/proof of prejudice prong of the Strickland V. Washington Standard relative to… |
| 24-5862 | Ismael Hernandez-Hernandez v. United States | Fifth Circuit | 2024-10-31 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure indictment jury-trial prior-conviction statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 24-459 | Gordon Alexander Clark v. Santander Bank, N.A. | Connecticut | 2024-10-23 | Denied | Relisted (2) | constitutional-rights due-process equal-protection jury-trial pro-se-litigation state-constitution | In The Constitution of the United States: The Right of Trial by Jury Clause - 7th Amendment, it states, in its entirety, the following: "In suits at … |
| 24A394 | Brian Estrada v. Jacob Smart | Tenth Circuit | 2024-10-23 | Presumed Complete | administrative-exhaustion jury-trial merits-of-claim prison-litigation-reform-act prisoner-rights procedural-exhaustion | Whether the Seventh Amendment requires that a jury, not a judge, decide disputed issues of fact related to exhaustion. | |
| 24A387 | Andrew Thomas Cowhy v. Michigan | Michigan | 2024-10-22 | Presumed Complete | alleyne-precedent criminal-sexual-conduct judicial-factfinding jury-trial sentencing-enhancement sixth-amendment | Question not identified. | |
| 24-5784 | Samreen Riaz v. Superior Court of California, Tulare County, et al. | California | 2024-10-21 | Denied | Response WaivedIFP | constitutional-rights due-process judicial-bias jury-trial motion-to-vacate writ-of-mandate | Did the Supreme court of California in error, abuse discretion and show bias in denying Petition (S285953 ) on sept 18 24 and application for stay and… |
| 24-5704 | Lori M. Moody v. Edward W. Horan | Florida | 2024-10-04 | Denied | IFP | absolute-privilege defamation-per-se due-process fourteenth-amendment jury-trial seventh-amendment | Does the right to a jury trial secured by the Seventh Amendment extend to a private citizen in a state court in an action for defamation per se? Does… |
| 24-374 | Richard P. Homrighausen v. Ohio | Ohio | 2024-10-02 | Denied | constitutional-rights criminal-conviction due-process jury-trial logical-inconsistency verdict-review | I. Is a criminal defendant denied his constitutional right to due process of law and trial by jury when he is convicted of two crimes, where a guilty … | |
| 24-358 | Faresha Sims v. University of Maryland Medical System Corporation, et al. | Fourth Circuit | 2024-10-01 | Denied | Response Waived | appellate-review civil-procedure federal-rules jury-trial seventh-amendment summary-judgment | "Like the Federal Rules of Criminal Procedure, the Federal Rules of Civil Procedure are as binding as any statute duly enacted by Congress, and federa… |
| 24-5684 | Raunel Garcia-Suarez v. United States | Fifth Circuit | 2024-10-01 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 24-5647 | David Rashaun Hamil, Jr. v. Florida | Florida | 2024-09-26 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure fourteenth-amendment jury-trial sixth-amendment social-science | Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12 person jury when the defendant is charged w… |
| 24-5594 | Seldrick Carpenter v. United States | Seventh Circuit | 2024-09-20 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2)IFP | article-iii constitutional-rights criminal-procedure jury-trial sixth-amendment supervised-release | IL Historical documents show that the Framers would have understood the jury right to apply to forfeitures of recognizance, a proceeding similar to re… |
| 24-323 | Thanquarious R. Calhoun v. Warden, Baldwin State Prison, et al. | Eleventh Circuit | 2024-09-20 | Denied | Response WaivedRelisted (2) | de-novo-review fifth-amendment habeas-corpus ineffective-assistance jury-trial sixth-amendment | A federal court must review a habeas petition de novo if the state court's adjudication on the merits was contrary to, or involved an unreasonable app… |
| 24A270 | David Lesh v. United States | Tenth Circuit | 2024-09-17 | Presumed Complete | blanton-precedent constitutional-right criminal-prosecution jury-trial petty-offense sixth-amendment | Question not identified. | |
| 24-5431 | Jacob Valle v. Florida | Florida | 2024-08-30 | Denied | Response WaivedIFP | criminal-procedure fourteenth-amendment jury-trial sixth-amendment social-science unanimous-verdict | Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 24A208 | ParkerVision, Inc. v. TCL Industries Holdings Co., et al. | Federal Circuit | 2024-08-27 | Presumed Complete | administrative-adjudication inter-partes-review jury-trial patent-validity public-rights seventh-amendment | Question not identified. | |
| 24A207 | ParkerVision, Inc. v. TCL Industries Holdings Co., et al. | Federal Circuit | 2024-08-27 | Presumed Complete | administrative-adjudication inter-partes-review jury-trial patent-validity public-rights seventh-amendment | Question not identified. | |
| 24-5342 | In Re Richard J. Ramsey | 2024-08-20 | Denied | Relisted (2)IFP | constitutional-rights court-martial due-process jury-trial sixth-amendment waiver-of-rights | WHETHER WAIVING JURY TRIAL IS CONSTITUIONAL UNDER THE 6™ AMENDMENT, WHEN THE 6™ AMENDMENT DID NOT SECURE TRIAL BY JURY AS A RIGHT, WHICH CONSEQUENTLY … | |
| 24-112 | Millia Promotional Services, et al. v. Arizona, Acting Through Arizona Department of Economic Security, Division of Employment and Rehabilitation Services | Ninth Circuit | 2024-08-01 | Denied | Response Waived | circumstantial-evidence civil-rights contract-rights contractual-rights discrimination federal-law jury-trial racial-discrimination section-1981 statutory-interpretation summary-judgment | Question not identified. |
| 24A100 | Brennaris Marquis Johnson v. Washington | Washington | 2024-07-29 | Presumed Complete | aggravating-factors criminal-sentencing judicial-discretion jury-trial sentencing-guidelines sixth-amendment | Whether a sentence above the statutory presumptive range violates the jury trial right where the judge may not impose such a sentence, even after a ju… | |
| 24-5167 | John Stancu v. Greg Abbott, Governor of Texas, et al. | Texas | 2024-07-29 | Denied | IFP | civil-rights constitutional-rights due-process jury-trial seventh-amendment sovereign-immunity standing state-power texas | 1. Did the State of Texas Courts involved in this case wrongly denied Petitioner Stancu's Seventh Amendment right to the United States Constitution by… |
| 24-5160 | Duane Leo Ehmer, Darryl William Thorn, and Jake Ryan v. United States | Ninth Circuit | 2024-07-29 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure criminal-prosecution ex-parte jury-selection jury-trial petty-offenses presley-v-georgia sixth-amendment structural-error sua-sponte | (1) Whether the district court's sua sponte, ex parte, and case-specific excusal of trial jurors for cause constituted reversible structural error? (… |
| 24A84 | Troy L. Fields v. Colorado | Colorado | 2024-07-26 | Presumed Complete | criminal-episodes habitual-offender jury-trial prior-convictions sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments required a jury to find that Mr. Fields's prior convictions were separately brought and tried and arose out of … | |
| 24A66 | Austin Kyle Lee v. United States | Fourth Circuit | 2024-07-19 | Presumed Complete | apprendi-error drug-felony harmless-error jury-trial sentencing-enhancement sixth-amendment | 1. This case concerns the standard of review for a violation of the Sixth Amendment right to a jury. The Sixth Amendment provides that, in all crimina… | |
| 24-5117 | Terrance Nathaniel Brown, Jr. v. United States | Fourth Circuit | 2024-07-19 | Denied | Response WaivedRelisted (2)IFP | 21-usc-841 acquitted-conduct due-process ineffective-assistance ineffective-assistance-of-counsel jury-trial sentencing-enhancement sentencing-guidelines statutory-interpretation statutory-sentencing | A. Whether counsel was ineffective for failing to argue that the general verdict required that the statutory sentence be based on marijuana under 21 U… |
| 24-5113 | Steven Alexander Mantecon v. Florida | Florida | 2024-07-18 | Denied | IFP | constitutional-right criminal-defendant criminal-procedure due-process felony felony-offense fourteenth-amendment jury jury-trial sixth-amendment trial-procedure | 1. Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense. |
| 24A10 | Kieran Ravi Bhattacharya v. James B. Murray, Jr., in His Official Capacity as Rector of the Board of Visitors of the University of Virginia, et al. | Fourth Circuit | 2024-07-08 | Presumed Complete | due-process first-amendment free-speech jury-trial summary-judgment university-discipline | Question not identified. | |
| 24-5009 | Samuel T. Whatley, et al. v. Wells Fargo Bank, N.A. | Fourth Circuit | 2024-07-03 | Denied | IFP | antitrust antitrust-violation civil-rights constitutional-rights due-process financial-fraud financial-services fraud judicial-oversight jury-trial | 1. Does the Founding Father 's documentation of individual rights, such as the Bill of Rights, Declaration of Independence, and Constitution, provide… |
| 23-7783 | Joseph James Conkling v. Kansas | Kansas | 2024-06-24 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | apprendi-precedent apprendi-rule blakely-rule blakely-v-washington criminal-sentencing fact-finding jury-determination jury-trial sentencing sixth-amendment unpled-facts | Does this Court's decision in Blakely v. Washington, 542 U.S. 296 (2004) establish an "unpled but admitted facts" exception to the rule set forth in A… |
| 23-7788 | Francisco Valtierra-Zuniga v. United States | Fifth Circuit | 2024-06-24 | Denied | Response WaivedIFP | certiorari-petition constitutional-interpretation constitutional-law criminal-law criminal-procedure due-process judicial-procedure jury-trial precedent precedent-overruling sentencing supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7778 | Davonte Williams-Dorsey v. United States | Second Circuit | 2024-06-21 | Denied | Response WaivedIFP | criminal-procedure criminal-procedure-due-process-jury-trial-evidence due-process duress-defense fifth-amendment judicial-precedent jury-trial sixth-amendment trial-procedure united-states-v-contento-pancho united-states-v-paul | Did the lower courts err in their preclusion of Petitioner's duress defense at trial, given the preexisting caselaw, wherein the Jury, not the Court, … |
| 23-1324 | Thomas Perttu v. Kyle Brandon Richards | Sixth Circuit | 2024-06-20 | Judgment Issued | Amici (7) | administrative-exhaustion administrative-law civil-procedure exhaustion-of-remedies jury-trial merits-of-claim prison-litigation-reform-act prisoner-rights procedural-merits | In cases subject to the Prison Litigation Reform Act, do prisoners have a right to a jury trial concerning their exhaustion of administrative remedies… |
| 23-1328 | Yuval Golan v. Daily News, L.P., et al. | New York | 2024-06-20 | Denied | Response Waived | anti-slapp constitutional-rights defamation first-amendment jury-trial public-figure public-figures seventh-amendment | 1. Is the New York anti-SLAPP statute unconstitutional as a violation of the First Amendment's distinction between private figures and public figures,… |
| 23-1303 | Craig Malin v. Lee Enterprises, Inc., et al. | Iowa | 2024-06-13 | Denied | actual-malice civil-rights defamation due-process first-amendment free-speech jury-trial publication-law summary-judgment | As a global information network accessible by smartphones was science fiction, New York Times v. Sullivan federalized libel law in 1964. Variously cri… | |
| 23-7703 | Walter Taylor, III v. Vermont | Vermont | 2024-06-12 | Denied | Response WaivedIFP | defense-theory due-process fourteenth-amendment jury-instructions jury-trial sixth-amendment voluntary-intoxication | Is a criminal defendant denied his right to a jury trial under the Sixth Amendment and due process under the Fourteenth Amendment when the trial court… |
| 23-7685 | Edwin K. Davis v. Florida | Florida | 2024-06-11 | Denied | Response WaivedIFP | criminal-procedure fourteenth-amendment jury-trial ramos-v-louisiana sixth-amendment williams-v-florida | Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 23-7664 | Julian R. Ash v. United States District Court for the District of Maryland | Fourth Circuit | 2024-06-07 | Denied | Response WaivedIFP | 4th-circuit administrative-review agency-decision appellate-jurisdiction civil-procedure judicial-procedure jury-trial mandamus pending-motions remand | 1. USCA4 Appeal: 23-1713 Doc: 10 Filed: 08/28/2023 Pg: 2 of 2 Mandamus may not be used as a substitute for appeal or, in this case, a rehearing petit… |
| 23-7646 | Rogaciano Demetrio-Jimenez v. United States | Fifth Circuit | 2024-06-05 | Denied | Response WaivedIFP | almendarez-torres case-precedent criminal-procedure due-process fifth-circuit judicial-review jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7594 | Felipe Matias-Miguel v. United States | Fifth Circuit | 2024-05-30 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7588 | Ruben Mendezsales v. Florida | Florida | 2024-05-29 | Denied | IFP | 14th-amendment 6th-amendment constitutional-rights criminal-procedure felony felony-charges fourteenth-amendment jury-trial overrule sixth-amendment williams-v-florida | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7589 | Yuri I. Lee, aka Yuri Imuta v. U.S. Bank National Association, Successor Trustee to Bank of America, National Association, Successor in Interest to Lasalle Bank National Association | California | 2024-05-29 | Denied | Relisted (2)IFP | 7th-amendment civil-procedure common-law constitutional-rights due-process equity-value jury-trial scheiding-v-dinwiddie summary-judgment trial-by-jury | A serious conflict exists between decisions rendered from this Court and lower state courts, along with constitutional provisions and statutes, in dec… |
| 23-7521 | Keith Lamar Rodgers v. Florida | Florida | 2024-05-21 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7504 | Sergio Antonio Hood v. United States | Eleventh Circuit | 2024-05-20 | GVR | IFP | 6th-amendment civil-rights due-process jury-trial reasonable-doubt sentencing | Question not identified. |
| 23-7493 | Lisa Marie Perez, fka Lisa Marie Belyew v. Captain Duch, et al. | Ninth Circuit | 2024-05-17 | Dismissed | IFP | administrative-law civil-procedure civil-rights constitutional-provisions genuine-issues-of-fact judicial-review jury-trial legal-interpretation precedent standing statutory-construction summary-judgment | h \o\\rifoejr o^rcmVw^c^ SMma.f\) juAgm&ftV -tW uids ^rh'MT uSViir> ^dAjLiitte_ ihQA-es £cuJlr ^x.\s\ea cmcV \uur\ ) -\ri&D cUjfA/mckdL / rf/lcUf-tea… |
| 23-7503 | Christopher Michael Bullins Croce v. Florida | Florida | 2024-05-17 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment constitutional-rights criminal-procedure due-process felony first-amendment fourteenth-amendment jury-trial sixth-amendment stalking-statute | I. Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? II. Wh… |
| 23-7472 | Torrie Chermaine Austin v. Florida | Florida | 2024-05-14 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7478 | Dylan Gregory Kerstetter v. United States | Fifth Circuit | 2024-05-14 | GVR | IFP | armed-career-criminal-act categorical-approach constitutional-indictment criminal-procedure due-process indictment jury-finding jury-trial prior-felony-conviction sentencing-enhancement statutory-interpretation | 1. Petitioner pleaded guilty to an indictment alleging all the elements necessary for conviction under 18 U.S.C. § 922(g)(1) and punishment up to 120 … |
| 23-7458 | In Re Michael David Hower | 2024-05-13 | Dismissed | Response WaivedIFP | acquitted-charge acquitted-conduct criminal-procedure due-process evidentiary-hearing habeas-corpus jury-trial section-2255 sentencing sentencing-enhancement sixth-amendment | Did the Courts below commit reversible err denying petitioners 2255 motion without conducting an evidentiary hearing to resolve factual disputes? Di… | |
| 23-7423 | Glenn Francis v. Thomas Scarantino, Warden, et al. | Eleventh Circuit | 2024-05-08 | Denied | Response WaivedIFP | civil-rights immunity immunity-doctrine jury-trial probable-cause punitive-damages writ-of-certiorari wrongful-incarceration | Can you deny me a jury trial for civil rights violations and wrongful incarceration and punitive damages based only on immunity of defendants that I t… |
| 23-1196 | Christopher Ryan Martin v. Tom Lawson, Chief, Nevada Division of Parole and Probation, et al. | Ninth Circuit | 2024-05-07 | Denied | apprendi certificate-of-appealability constitutional-claim habeas-corpus jones judicial-enhancement jury-trial ninth-circuit prior-conviction prior-convictions | I. Whether Petitioner is entitled to a Certificate of Appealability (COA) from the Court of Appeals for the Ninth Circuit by his showing that reaso… | |
| 23-7366 | Carlos Enrique Navarro-Trevino v. United States | Fifth Circuit | 2024-05-02 | Denied | Response WaivedIFP | Almendarez-Torres appellate-procedure case-law constitutional-interpretation criminal-procedure due-process judicial-precedent jury-trial recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7343 | Dalevonte D. Hearn v. Illinois | Illinois | 2024-04-30 | Denied | IFP | civil-rights constitutional-rights criminal-procedure double-jeopardy due-process first-degree-murder ineffective-assistance-of-counsel jury-trial mistrial sentencing trial-rights | ^j) T$ Xv LaM^L.I Thai An American OH'Zen &f Puntsbpcf Tor £* WS>^ f2ic^h To A Turq . (Jkj IsrH 6nf /M one Cr^e you \SheU 'Jour AcHonS rn^j l4oi*f I… |
| 23-7345 | James Joseph Bryant v. United States | Eleventh Circuit | 2024-04-30 | GVR | IFP | armed-career-criminal-act categorical-approach circuit-split criminal-procedure due-process judicial-interpretation jury-trial prior-convictions reasonable-doubt sentencing-enhancement | 1. Whether, for purposes of applying the categorical approach required by the Armed Career Criminal Act (ACCA), a prior conviction's elements can be d… |
| 23-7307 | Silvano Marroquin-Bravo v. United States | Fifth Circuit | 2024-04-25 | Denied | Response WaivedIFP | case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7272 | Matthew Michael Albritton v. Florida | Florida | 2024-04-19 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7279 | Charles K. Wallace v. Louisiana | Fifth Circuit | 2024-04-19 | Dismissed | Response WaivedRelisted (2)IFP | authentication civil-procedure civil-rights constitutional-rights due-process federal-court-filings fraud habeas-corpus jury-trial standing subject-matter-jurisdiction | 1. IS THE U.S.DEPARTMENT OF JUSTICE UNDER A DUTY TO ENFORCE ACCURATE FEDERAL COURT FILINGS THEREIN FEDERAL DISTRICT COURTS TO COMPLY WITH 18 U.S.C. … |
| 23-7244 | Clarence F. Stephenson v. Florida | Florida | 2024-04-17 | Denied | Response WaivedIFP | constitutional-law constitutional-rights criminal-procedure criminal-trial fourteenth-amendment jury-composition jury-trial life-felony sixth-amendment | I. Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a life felony… |
| 23-7245 | Dustin Jay Harpel v. Florida | Florida | 2024-04-17 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7246 | Harold Stewart v. Florida | Florida | 2024-04-17 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process felony felony-charge fourteenth-amendment jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7248 | Hector Negron-Espada v. Florida | Florida | 2024-04-17 | Denied | IFP | constitutional-rights criminal-procedure due-process felony felony-charges fourteenth-amendment jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7239 | Bertrand Laidler, Jr. v. Florida | Florida | 2024-04-16 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process felony felony-charges fourteenth-amendment jury-trial sixth-amendment trial-by-jury | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7162 | James Hodge v. Florida | Florida | 2024-04-08 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7146 | Antonio Ochoa-Leyva v. United States | Fifth Circuit | 2024-04-05 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-7147 | Margarito Cruz-Ramirez v. United States | Fifth Circuit | 2024-04-05 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-review criminal-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7143 | Armando Ordonez-Dominguez v. United States | Fifth Circuit | 2024-04-04 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-7124 | Naftali Dominguez Zenon v. Florida | Florida | 2024-04-02 | Denied | Response WaivedIFP | constitutional-law constitutional-rights criminal-procedure eighth-amendment fourteenth-amendment jury-composition jury-trial life-felony life-without-parole sixth-amendment | I. Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a life felony… |
| 23-7109 | Edgar Garcia-Heredia v. United States | Fifth Circuit | 2024-03-29 | Denied | Response WaivedIFP | Almendarez-Torres constitutional-interpretation criminal-law criminal-procedure due-process fifth-circuit judicial-procedure jury-trial precedent-overruling recidivism sentencing supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7094 | Tyshawn Shepard v. Ohio | Ohio | 2024-03-28 | Denied | IFP | administrative-agency administrative-extension criminal-sentencing due-process incarceration incarceration-findings jury-trial post-conviction sentencing sixth-amendment | Does the Sixth Amendment's guarantee of a right to trial by jury allow prison administrators to use their own post-conviction factual findings as the … |
| 23-7088 | Brian T. Hill v. Josie Gastelo, Warden | Ninth Circuit | 2024-03-27 | Denied | IFP | constitutional-right counsel due-process equal-protection jury-trial ninth-circuit parole parole-hearing quorum | 1) Do a t2): ; judge panel of the U.S. Court of Appeals for the Ninth Circuit constitutes a quorum within the meaning of 28 United States Code Section… |
| 23-7050 | David Phillip Ryan v. Florida | Florida | 2024-03-21 | Denied | Response WaivedIFP | civil-procedure constitutional-interpretation criminal-procedure due-process fourteenth-amendment jury jury-composition jury-trial sixth-amendment standing | Whether the jury guaranteed by the Sixth and Fourteenth Amendments is a 12-person jury? |
| 23-7027 | John Stancu v. Hyatt Corporation/Hyatt Regency Dallas | Fifth Circuit | 2024-03-19 | Denied | IFP | civil-procedure constitutional-law constitutional-rights district-court due-process fifth-circuit jury-trial legal-procedure seventh-amendment standing | 1. Did the district court and the 5th Circuit usurped the Seventh Amendment to the United States Constitution by wrongly denying Stancu's right to a j… |
| 23-6983 | Christopher James Michelotti v. Austin Knudsen, Attorney General of Montana | Ninth Circuit | 2024-03-15 | Denied | Response WaivedIFP | 5th-amendment brady-v-maryland civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process ineffective-assistance jury-trial prejudicial-evidence sixth-amendment | Within the case the district court abused its discretion by admitting evidence that the defendant is affiliated with a gang. Discredit by denying defe… |
| 23-6999 | Ronald Monique Best v. Chadwick Dotson, Director, Virginia Department of Corrections | Fourth Circuit | 2024-03-15 | Denied | IFP | constitutional-rights counsel-effectiveness criminal-procedure defendant-representation due-process effective-assistance-of-counsel jury-trial plea-bargaining right-to-counsel sixth-amendment trial-strategy | L)W\ 3U\lV and punishment 'is 4he. sale, 'issue. Qor bhe. juri^'is i4 ever (ptrrms&ible 'vor cooesei bo motae. -Vine urn lateral decision 4o can eer… |
| 23-6978 | Jose Salome Gallardo Granados v. United States | Fifth Circuit | 2024-03-13 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6963 | James Deon Bryant, Jr. v. Florida | Florida | 2024-03-12 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process felony felony-charges fourteenth-amendment jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6966 | Alison Lee Gendreau v. United States | Ninth Circuit | 2024-03-12 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-restitution fifth-amendment grand-jury grand-jury-right jury-trial proof-beyond-reasonable-doubt reasonable-doubt restitution sixth-amendment | WHETHER THE FIFTH AMENDMENT GRAND JURY RIGHT AND THE SIXTH AMENDMENT RIGHT TO JURY TRIAL ON PROOF BEYOND A REASONABLE DOUBT APPLY NOT ONLY TO IMPRISON… |
| 23-6968 | Raymond Vincent v. Florida | Florida | 2024-03-12 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process felony felony-charges fourteenth-amendment jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6951 | Jesus Barron-Bautista v. United States | Fifth Circuit | 2024-03-11 | Denied | Response WaivedIFP | Almendarez-Torres criminal-law criminal-procedure due-process fifth-circuit jury-trial precedent-overruling sentencing Sixth-Amendment supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6931 | Darrell Tillery v. Tim Hooper, Warden | Louisiana | 2024-03-08 | Denied | Response WaivedIFP | aggravated-rape constitutional-rights criminal-procedure due-process equal-protection fourteenth-amendment jury-trial non-unanimous-jury sexual-battery sixth-amendment | As there are conflicting decisions amongst state courts of last resort concerning a constitutional Issue, In accordance with Rule X(b), this matter is… |
| 23-6936 | Jose Eulalio Aguillen-Servin v. United States | Fifth Circuit | 2024-03-08 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6937 | Mahmoud Almuhtaseb v. Florida | Florida | 2024-03-08 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6941 | Ricardo Fortino Martinez-Munoz v. United States | Fifth Circuit | 2024-03-08 | Denied | Response WaivedIFP | almendarez-torres-v-united-states apprendi-v-new-jersey constitutional-interpretation due-process jury-trial legal-precedent prior-conviction prior-convictions sixth-amendment statutory-maximum | Can Almendarez-Torres be squared with the history undergirding the Sixth Amendment; and if not, should this Court overrule Almendarez-Torres? |
| 23-6925 | Sadat El-Amin v. Louisiana | Louisiana | 2024-03-07 | Denied | IFP | constitutional-rights criminal-procedure due-process equal-protection forcible-rape fourteenth-amendment jury-trial non-unanimous-jury sixth-amendment | 1. As there are conflicting decisions amongst state courts of last resort concerning a constitutional issue, in accordance with Rule X(b), this matter… |
| 23-6912 | Samuel Fields v. Laura Plappert, Warden | Sixth Circuit | 2024-03-06 | Rehearing | Relisted (10)IFP | aedpa clearly-established-law constitutional-claim criminal-procedure due-process extrinsic-evidence habeas-corpus jury-experiment jury-trial verdict-standards | Does this Court's rule requiring that a verdict be based only on the evidence presented in the courtroom at trial satisfy 28 U.S.C. § 2254(d)(1)'s "cl… |
| 23-6901 | Joshua Lane Tansil v. Florida | Florida | 2024-03-05 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6886 | Paul Francisco Torres, III v. United States | Ninth Circuit | 2024-03-04 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process jury-trial jury-trials pandemic pandemic-restrictions sixth-amendment speedy-trial | Did prolonged jury-trial bans during the pandemic violate the Sixth Amendment's Speedy Trial Clause, especially as to those accused who were jailed du… |
| 23-6878 | Jose Luis Avalos-Sanchez v. United States | Fifth Circuit | 2024-03-01 | Denied | Response WaivedIFP | Almendarez-Torres court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing Sixth-Amendment supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6870 | Ariel Perez-Lainez v. United States | Fifth Circuit | 2024-02-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6849 | Juan Salazar-Grimaldo v. United States | Fifth Circuit | 2024-02-28 | Denied | Response WaivedIFP | constitutional-procedure criminal-indictment criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6768 | Vidal Garza-Morin v. United States | Fifth Circuit | 2024-02-16 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6722 | Jeffrey Holland v. United States | Third Circuit | 2024-02-12 | Denied | Response WaivedIFP | crack-cocaine criminal-sentencing due-process fair-trial first-step-act jury-trial sentence-enhancement sentencing-discretion sentencing-enhancements trial-transcript | In Concepcion v. United States , 597 U.S. 481, 142 S. Ct. 2389, 2404 213 L. Ed. 2d 731 (2022), this Court held that the First Step Act "allows distric… |
| 23-6723 | Brandon Keith Owensby v. Florida | Florida | 2024-02-12 | Denied | IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6714 | Ramon Umberto Cortez-Rodriguez, aka Ramon Humberto Cortez-Rodriguez v. United States | Fifth Circuit | 2024-02-09 | Denied | Response WaivedIFP | Almendarez-Torres certiorari-petition constitutional-interpretation criminal-procedure due-process fifth-circuit-appeal judicial-review jury-trial precedent-overruling sentencing Supreme-Court supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-858 | Merrilee Stewart v. Sentinel Insurance Company Ltd., et al. | Sixth Circuit | 2024-02-08 | Denied | Relisted (2) | civil-procedure civil-rights constitutional-rights corporate-fraud due-process fraud judicial-procedure jury-trial seventh-amendment standing | The fact is, a large omnipotent international corporation was able to obtain a pretrial dismissal and infringe upon the due process rights of an indiv… |
| 23-6663 | Emmanuel Gil v. United States | Fifth Circuit | 2024-02-02 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions reasonable-doubt sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-831 | Constance Eileen Caswell v. Colorado | Colorado | 2024-02-02 | Denied | Amici (1)Relisted (2) | almendarez-torres apprendi-rule criminal-procedure due-process felony-enhancement jury-determination jury-trial misdemeanor-elevation prior-conviction sentencing sixth-amendment | 1. Whether a prior misdemeanor conviction that elevates a subsequent offense from a misdemeanor to a felony is an element of the subsequent offense th… |
| 23-6631 | Jeremy Dale Robinson v. United States | Eighth Circuit | 2024-01-31 | GVR | Relisted (2)IFP | armed-career-criminal-act constitutional-requirements due-process jury-trial prior-convictions proof-beyond-reasonable-doubt reasonable-doubt sentencing-enhancement | 1. Whether the U.S. Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant's prior convictions were "committe… |
| 23-6616 | Fan Yang v. United States | Eleventh Circuit | 2024-01-30 | Denied | Response WaivedIFP | complete-defense criminal-defendant criminal-defense criminal-procedure due-process evidence evidence-exclusion federal-rules-of-evidence jury-trial right-to-present-defense rule-403 | Whether a court may exclude evidence under Fed. R. Evid. 403, where doing so would preclude a criminal defendant from presenting a complete defense to… |
| 23-6622 | Miguel Jaimes-Luviano v. Florida | Florida | 2024-01-30 | Denied | IFP | constitutional-law constitutional-rights criminal-procedure criminal-trial felony fourteenth-amendment jury-composition jury-size jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a felony? |
| 23-6604 | Nicole Johnson v. Massachusetts Department of Children and Families | Massachusetts | 2024-01-29 | Denied | Response WaivedIFP | 7th-amendment best-interests child-custody due-process jury-trial massachusetts-rule-38 parental-rights sua-sponte termination termination-of-parental-rights | 1. Whether the petitioners right to due process and 7th amendment right and Massachusetts ruie 38 Jury Trial of Right was violated when petitioner fil… |
| 23-6594 | Noemy Ramirez-Gomez v. United States | Fifth Circuit | 2024-01-26 | Denied | Response WaivedIFP | Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing Sixth-Amendment supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6597 | Abraham Fagot Mejia v. Florida | Florida | 2024-01-26 | Denied | IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6558 | Freddie Quinn v. Florida | Florida | 2024-01-24 | Denied | IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6547 | Billy J. Seabolt v. United States | Fourth Circuit | 2024-01-23 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fair-trial jury-instructions jury-trial legal-interpretation prosecutorial-conduct prosecutorial-misconduct right-to-a-fair-trial speedy-trial | Is n a Or fS cleanly '*)■hrf'ai Me. ic/fen J Ury a ciiS^feSSeJ SikuaH&s? cturfoty a i°iy fr'iCii) Cl/)of; fkey Conk fad lor fhemseineL iky anj Hof <y … |
| 23A665 | Tyshawn Shepard v. Ohio | Ohio | 2024-01-22 | Presumed Complete | constitutional-challenge criminal-sentencing factual-findings indeterminate-sentencing jury-trial sixth-amendment | Question not identified. | |
| 23-6484 | Miguel Angel Sanchez-Delgado v. United States | Fifth Circuit | 2024-01-17 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6488 | Juan Garcia-Bertadillo v. United States | Fifth Circuit | 2024-01-17 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6498 | Kevin Clayton v. United States | Eleventh Circuit | 2024-01-17 | Denied | Response WaivedIFP | conspiracy due-process fifth-amendment jury-instructions jury-trial murder racketeering racketeering-conspiracy sentencing sentencing-enhancement sixth-amendment | Whether the Due Process Clause of the Fifth Amendment, and the Jury Trial guarantees contained in the Sixth Amendment were violated when the District … |
| 23-776 | Jeffrey B. Israelitt v. Enterprise Services LLC | Fourth Circuit | 2024-01-17 | Denied | ada-retaliation americans-with-disabilities-act anti-retaliation-provision circuit-split civil-rights damages due-process federal-law jury-trial standing | Whether the Americans with Disabilities Act provides for damages (and therefore a trial by jury) in cases alleging that an employer has violated the A… | |
| 23-6458 | Mario Astudillo-Herrera v. United States | Fifth Circuit | 2024-01-11 | Denied | Response WaivedIFP | constitutional-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6418 | Harvey Holland v. United States | Third Circuit | 2024-01-05 | Denied | Response WaivedIFP | due-process fair-sentencing-act first-step-act jury-trial murder-cross-reference sentencing-discretion | A long standing and durable tradition for federal sentencing in this nation is that judges have broad discretion in the kind of information and source… |
| 23-6410 | Pedro Pena-Talamantes v. United States | Fifth Circuit | 2024-01-04 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6411 | Gilberto Salvador Cortez-Garcia v. United States | Fifth Circuit | 2024-01-04 | Denied | Response WaivedIFP | burden-of-proof criminal-indictment criminal-procedure defendant-rights due-process jury-determination jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6412 | Jose Eugenio Pavon-Rivera v. United States | Fifth Circuit | 2024-01-04 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6402 | Vidal Orellana-Sibrian v. United States | Fifth Circuit | 2024-01-03 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6385 | Alfonso Garcia-Vela v. United States | Fifth Circuit | 2023-12-28 | Denied | Response WaivedIFP | almendarez-torres burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6386 | Michael Andrew King, Jr. v. United States | Fourth Circuit | 2023-12-28 | Denied | Response WaivedIFP | appellate-review credibility-determination criminal-procedure due-process due-process-rights evidence jury-instructions jury-trial mask-obstruction witness-credibility witness-testimony | Whether an appellate court's traditional deference to credibility determinations made by jurors in returning a guilty verdict should give way where th… |
| 23-6340 | Christopher Stowell v. United States | Eighth Circuit | 2023-12-22 | Denied | Relisted (2)IFP | armed-career-criminal-act constitutional-criminal-procedure due-process jury-trial occasions-clause prior-convictions proof-beyond-reasonable-doubt sentencing-enhancement | 1. Whether the U.S. Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant's prior convictions were "committe… |
| 23-6320 | Santiago Salazar-Ramirez v. United States | Fifth Circuit | 2023-12-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6307 | Veronica McCluskey v. William Hendricks, et al. | California | 2023-12-20 | Denied | Response WaivedIFP | civil-procedure cross-examination due-process fair-hearing jury-trial legal-conduct reversible-error standing trial-court witness-testimony | 1. The Court Should Grant Review To Clarify Whether The Trial Court Committed Reversible Error In Not Granting Respondent A Jury Trial In The First In… |
| 23-6304 | Onterrious V. Tillman v. Florida | Florida | 2023-12-19 | Denied | Relisted (5)IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6279 | Ismael Robles-Perez v. United States | Fifth Circuit | 2023-12-15 | Denied | Response WaivedIFP | Almendarez-Torres almendarez-torres-precedent constitutional-provisions criminal-procedure due-process fifth-circuit judicial-review jury-trial sentencing Sixth-Amendment supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6262 | Raymond Clyde Robideau v. Minnesota | Minnesota | 2023-12-14 | Denied | IFP | aggravating-factors constitutional-rights criminal-procedure double-jeopardy judicial-discretion jury-trial jury-trial-waiver remand state-remand waiver | I. Is a court required to obtain a renewed jury-trial waiver when the State amends it's Aggravating Factor[s] after remand from State's Highest Cour… |
| 23A547 | Eric Lavell Minter v. United States | Sixth Circuit | 2023-12-14 | Presumed Complete | abuse-of-discretion criminal-procedure fact-finding jury-trial sentencing-enhancement sixth-amendment | Where a district court applies a federal sentencing enhancement based on findings of fact at sentencing—and neglects to explain how it selected among … | |
| 23-6242 | Francisco Mora-Carrillo v. United States | Fifth Circuit | 2023-12-13 | Denied | Response WaivedIFP | almendarez-torres Almendarez-Torres-v-United-States Apprendi-v-New-Jersey constitutional-provisions criminal-procedure due-process fifth-circuit jury-trial precedent-overturning sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6252 | Juan Antonio Guerrero-Lazaro v. United States | Fifth Circuit | 2023-12-13 | Denied | Response WaivedIFP | case-law constitutional-interpretation criminal-procedure due-process judicial-procedure jury-trial legal-precedent precedent-overruling sentencing stare-decisis statutory-interpretation supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6240 | Jesus Salvador Gonzalez-Lunar v. United States | First Circuit | 2023-12-12 | Denied | Response WaivedIFP | constitutional-interpretation covered-vessel criminal-procedure due-process jurisdictional-determination jury-trial maritime-law proof-beyond-reasonable-doubt sentencing statutory-interpretation | Whether the Constitution requires a jury trial and proof beyond a reasonable doubt, or an adequate factual basis during a guilty plea, to find that a … |
| 23-6176 | Faustino Garcia-Sanchez, aka Miguel Garcia-Sanchez, aka Miguel Zamora-Sanchez v. United States | Fifth Circuit | 2023-12-06 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6081 | Jacobo Fuentes-Salgado v. United States | Fifth Circuit | 2023-11-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6049 | Jimmie Jerome Manning, Jr. v. Florida | Florida | 2023-11-17 | Denied | Relisted (8)IFP | constitutional-rights criminal-procedure criminal-trial felony fourteenth-amendment jury-composition jury-size jury-trial sixth-amendment williams-v-florida | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23A447 | Constance Eileen Caswell v. Colorado | Colorado | 2023-11-17 | Presumed Complete | apprendi-rule elements-of-offense jury-trial prior-conviction sentencing-factors sixth-amendment | This application does not contain a traditional "Question(s) Presented" section. The document is an Application for an Extension of Time to File a Pet… | |
| 23A442 | Jeffrey B. Israelitt v. Enterprise Services, LLC | Fourth Circuit | 2023-11-16 | Presumed Complete | ada-retaliation disability-accommodations employment-discrimination jury-trial monetary-damages statutory-interpretation | Question not identified. | |
| 23-5980 | Edgar Arellano v. California | California | 2023-11-09 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights criminal-procedure due-process equal-protection fourteenth-amendment jury-trial senate-bill-567 sentencing sentencing-disposition sixth-amendment | The Court Should Grant A Review To Settle The Weather The California Courts Were Correct. Question: In Stating That The Petitioner's Case Was Finally… |
| 23-5979 | Daniel Vargas-Hernandez v. United States | Fifth Circuit | 2023-11-08 | Denied | Response WaivedIFP | apprendi-rule apprendi-v-new-jersey constitutional-interpretation criminal-procedure criminal-sentencing due-process jury-trial prior-conviction prior-convictions sixth-amendment | The Sixth Amendment protects the right "to be informed of the nature and cause of the accusation." U.S. Const. amend. VI. In Apprendi v. New Jersey, t… |
| 23-482 | Catherine Craig-Myers, Individually and as Personal Representative of the Estate of Robert Meyers, Deceased v. Otis Elevator Company, et al. | Florida | 2023-11-07 | Denied | civil-rights constitutional-rights due-process elevator-safety jury-trial osha osha-safety-laws preemption wrongful-death | 1. Do Florida trial and appellate courts violate constitutional rights to a jury trial and due process by refusing to admit into evidence culpable neg… | |
| 23-5965 | Cody Enrriquez v. Florida | Florida | 2023-11-07 | Denied | Relisted (9)IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5968 | Richard Langston v. Connecticut | Connecticut | 2023-11-07 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2)IFP | constitutional-rights criminal-procedure criminal-sentencing double-jeopardy fourteenth-amendment jury-acquittal jury-trial sentencing sixth-amendment | Whether the Sixth and Fourteenth Amendments to the Constitution of the United States prohibit a state court from basing a criminal defendant's sentenc… |
| 23-5936 | Hector Francisco Santos-Flores v. United States | Fifth Circuit | 2023-11-01 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23A396 | Robert E. Harrison v. United States | Eighth Circuit | 2023-11-01 | Presumed Complete | criminal-procedure due-process evidence-rule-404b jury-trial prior-conviction propensity-evidence | Question not identified. | |
| 23-457 | Terrance Nelson Cates v. Zeltiq Aesthetics, Inc. | Eleventh Circuit | 2023-10-31 | Denied | Response WaivedRelisted (2) | appellate-review civil-procedure constitutional-rights federal-rules-of-civil-procedure jury-trial medical-evidence summary-judgment | 1. Does a circuit court of appeals' appellate review of the grant of a federal summary judgment under Federal Rule of Civil Procedure 56 require the a… |
| 23-445 | Christy Williams v. American Honda Motor Company, Incorporated | Fifth Circuit | 2023-10-27 | Denied | 14th-amendment 7th-amendment civil-rights due-process expert-testimony fourteenth-amendment jury-trial product-liability seventh-amendment summary-judgment | As the first and only sanction ever ordered — or even considered — by the District Court below, that court struck Petitioner Christy Williams' liabili… | |
| 23-5880 | Jose Fernando Martinez-Hernandez v. United States | Fifth Circuit | 2023-10-25 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-5794 | Joseph Aiken v. Florida | Florida | 2023-10-16 | Denied | Response RequestedResponse WaivedRelisted (9)IFP | 14th-amendment 6th-amendment constitutional-law constitutional-rights criminal-procedure felony felony-charges fourteenth-amendment jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5758 | Jimmy Jay Strayhorn, Jr. v. United States | Fourth Circuit | 2023-10-11 | Denied | Response WaivedIFP | 3553(a)-factors constitutional-review criminal-procedure due-process jury-trial pepper-v-united-states resentencing sentencing sentencing-modification statutory-interpretation unconstitutional | WHETHER OR NOT/WHEN ONE HAS EXCERSIZED HIS RIGHT TO TRIAL AND RF. FOUND GUILTY OF A COUNT IN HIS INDICTMENT THAT WOULD LATER RF. FOUND UNCONSTITUTIONA… |
| 23-5760 | Mattie T. Lomax v. United States | Federal Circuit | 2023-10-11 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof constitutional-rights criminal-investigation criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial legal-definition seventh-amendment | Plaintiff Mattie Lomax brought this action under 42 U.S.C. §§ 1983 and 1985, alleging that the Defendants violated her constitutional rights during a … |
| 23-370 | Paul Erlinger v. United States | Seventh Circuit | 2023-10-06 | Judgment Issued | Amici (4)Relisted (2) | armed-career-criminal-act constitutional-interpretation criminal-sentencing due-process jury-trial prior-convictions proof-beyond-reasonable-doubt sentencing-enhancement | Whether the Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant's prior convictions were "committed on occ… |
| 23-5731 | Rebekah Panzlau v. Adams County Housing Authority, dba Maiker Housing Partners | Colorado | 2023-10-06 | Denied | IFP | civil-rights constitutional-rights due-process fair-trial judicial-bias jury-trial relocation-act seventh-amendment uniform-relocation-act | Did Ms. Panzlau receive a fair and unbiased trial free from even the appearance of Impropriety in her case? Was Ms. Panzlau's 7th amendment protectio… |
| 23-357 | Jacob Hilbert v. Missouri | Missouri | 2023-10-04 | Denied | Response Waived | constitutional-rights criminal-procedure defendant-rights due-process jury-trial jury-trial-waiver split-of-authority trial-court-discretion waiver | Petitioner appeared for trial along with counsel. The trial court stated that defense counsel had represented that defense counsel wanted a bench tria… |
| 23-5687 | Isaac Brunson v. DeKalb County Schools | Eleventh Circuit | 2023-10-02 | Denied | Response WaivedIFP | age-discrimination civil-rights employment-discrimination federal-rules-of-civil-procedure jury-trial pro-se-litigation seventh-amendment summary-judgment | 1) Will the Supreme Court continue to allow federal district and appellate courts to pervert the original intention of the summary judgement device an… |
| 23-5692 | Jose Ramon Andino-Morales v. United States | First Circuit | 2023-10-02 | Denied | Response WaivedIFP | 6th-amendment acquitted-conduct criminal-procedure due-process fifth-amendment jury-trial jury-trial-right sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 23-331 | James Doe v. Gladys Pisani, et al. | Second Circuit | 2023-09-29 | Denied | abuse-of-discretion disputed-facts interlocutory-appeal jury-trial material-facts probable-cause qualified-immunity summary-judgment | Whether the Court of Appeals erred in concluding that "arguable probable cause" can support a claim for qualified immunity on summary judgment after t… | |
| 23-5632 | Mario Rolando Cadenas v. United States | Fifth Circuit | 2023-09-21 | Denied | Response WaivedIFP | constitutional-interpretation criminal-law criminal-procedure due-process fifth-circuit-appeal judicial-precedent jury-trial precedent-overruling sentencing stare-decisis statutory-interpretation supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5614 | Ellison O. Jordan v. The Pennsylvania State University, et al. | Pennsylvania | 2023-09-19 | Denied | Relisted (2)IFP | civil-rights constitutional-rights due-process duty-of-care jury-trial negligence special-relationship standing student-athlete | 1. Was the Petitioner's constitutional right to jury trial by demand denied and/or violated by the lower court when it did not conduct a jury trial as… |
| 23-5606 | Samuel Valencia v. United States | Fifth Circuit | 2023-09-18 | GVR | Relisted (3)IFP | alleyne-v-united-states apprendi-v-new-jersey armed-career-criminal-act constitutional-interpretation fifth-amendment indictment jury-trial prior-convictions sentencing-enhancement sixth-amendment | Do the Fifth and Sixth Amendments of the U.S. Constitution require that facts to prove a defendant's prior convictions were for offenses committed on … |
| 23-242 | Jonathan M. Martinez v. United States | Armed Forces | 2023-09-14 | Denied | Response RequestedResponse WaivedRelisted (2) | 6th-amendment constitutional-rights criminal-procedure due-process jury-trial jury-unanimity military-conviction military-justice sixth-amendment unanimous-verdict uniform-code-military-justice | Whether military convictions for serious offenses must be unanimous. |
| 23-5579 | Fitzroy C. Morton v. Florida | Florida | 2023-09-14 | Denied | Response RequestedResponse WaivedRelisted (18)IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5564 | Trent Steven Griffin, Sr. v. United States District Court for the Northern District of Texas | Fifth Circuit | 2023-09-13 | Denied | IFP | abuse-of-discretion civil-procedure civil-rights constitutional-rights due-process federal-rules federal-rules-of-civil-procedure judicial-discretion jury-trial motion-to-dismiss procedural-misconduct standing | 1. Whether Honorable Jorge Solis (retired), and now Honorable Ed Kinkeade, District Court Judge, had the power or authority or there was an abuse of d… |
| 23-5567 | Carlos Gilbert Arellano-Ramirez v. Florida | Florida | 2023-09-13 | Denied | Response RequestedResponse WaivedRelisted (18)IFP | 14th-amendment 6th-amendment constitutional-law constitutional-rights criminal-procedure felony felony-charges fourteenth-amendment jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5570 | Scottie Andrea Jackson v. Florida | Florida | 2023-09-13 | Denied | Response RequestedResponse WaivedRelisted (18)IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5571 | Deon Jefferson Johnson v. Mike Brown, Warden | Sixth Circuit | 2023-09-13 | Denied | Response WaivedIFP | constitutional-rights cruel-and-unusual-punishment cruel-unusual-punishment due-process fair-trial habeas-corpus habitual-offender jury-trial sentencing-guidelines | PETITIONER WAS DENIED HIS CONSTITUTIONAL RIGHTS TO A FAIR AND IMPARTIAL JURY TRIAL DUE TO HIS CONVICTION BASED ON A HUNG JURY. PETITIONER WAS DENIED … |
| 23-5575 | Andrew Sposato v. Florida | Florida | 2023-09-13 | Denied | Response RequestedResponse WaivedRelisted (18)IFP | 14th-amendment 6th-amendment constitutional-rights criminal-procedure due-process felony felony-charge fourteenth-amendment jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5555 | Alfredo Garcia-Aleman v. United States | Fifth Circuit | 2023-09-12 | Denied | Response WaivedIFP | Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5540 | Michael Rinaldi v. United States | Third Circuit | 2023-09-07 | Denied | Response WaivedIFP | 6th-amendment acquitted-conduct criminal-sentencing double-jeopardy due-process fifth-amendment jury-trial ratio-decidendi sentencing sixth-amendment | 1. ) Whether the fifth and sixth amendments prohitbit a ferderal court from basing a criminal defendants sentence on conduct for which a jury has acq… |
| 23-5517 | Kamar Laquan Cox v. United States | Sixth Circuit | 2023-09-05 | Denied | Response WaivedIFP | acquittal criminal-sentencing double-jeopardy due-process fifth-amendment judicial-discretion jury-acquittal jury-trial sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 23-5455 | John A. Crane v. Florida | Florida | 2023-08-28 | Denied | Response RequestedResponse WaivedRelisted (18)IFP | constitutional-rights criminal-defendant criminal-procedure due-process felony felony-charge fourteenth-amendment jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5457 | Deangelus Thomas v. United States | Sixth Circuit | 2023-08-28 | GVR | Relisted (3)IFP | armed-career-criminal-act burden-of-proof constitutional-fact-finding criminal-procedure due-process indictment jury-trial predicate-convictions sentencing sentencing-enhancement statutory-penalty | May a district court judge properly find, by a preponderance of the evidence, the uncharged, non-elemental fact that a person committed three prior of… |
| 23-5450 | Hermenegildo Garcia-Gutierrez v. United States | Fifth Circuit | 2023-08-25 | Denied | Response WaivedIFP | case-law constitutional-law criminal-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5451 | Raul Omar Rios-Hernandez v. United States | Fifth Circuit | 2023-08-25 | Denied | Response WaivedIFP | constitutional-interpretation constitutional-law criminal-law criminal-procedure due-process fifth-circuit-appeal judicial-precedent jury-trial precedent-overruling sentencing statutory-interpretation supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5434 | Lamar Victor Moncrieffe v. United States | Eleventh Circuit | 2023-08-24 | Denied | Response WaivedIFP | acquitted-conduct double-jeopardy fifth-amendment jury-determination jury-trial sentencing-enhancement sixth-amendment | Whether a district court violates a defendant's Fifth Amendment and Sixth Amendment rights by basing a substantial four-level sentencing enhancement o… |
| 23-5411 | Thomas DeMartino v. Roger Alderin, et al. | Oregon | 2023-08-22 | Denied | IFP | 2nd-amendment alarming-contact civil-damages civil-procedure civil-rights due-process jury-trial oregon-appellate-court reckless-driving stalking stalking-statute standing | 1) Given the parties' histories, Did the Oregon Appellate court err, denying (2) separate alarming contacts of live gunfire in the direction of an eas… |
| 23-5361 | Andrew Slabon v. Angelo R. Sanchez, et al. | Seventh Circuit | 2023-08-16 | Denied | Response WaivedIFP | civil-procedure civil-rights constitutional-rights due-process free-speech jury-trial procedural-rules seventh-amendment standing state-action trial-by-jury | Whether the original intent of die founders of the United States Constitution allowed for the appli cation of local rules, which were carefully crafte… |
| 23A135 | Richard Langston v. Connecticut | Connecticut | 2023-08-15 | Presumed Complete | acquitted-conduct-sentencing due-process fourteenth-amendment jury-trial sentencing sixth-amendment | Whether a state sentencing judge's explicit consideration of acquitted conduct, standing alone, violates a defendant's rights under the Sixth and Four… | |
| 23-5298 | Edgar Sandoval Catarino v. California | California | 2023-08-08 | Denied | Response WaivedIFP | criminal-procedure fourteenth-amendment jury-trial mandatory-minimum sentencing sixth-amendment | 1. Do the Sixth and Fourteenth Amendments confer a right to a jury trial with respect to a fact that has the dual effect of (1) increasing the mandato… |
| 23A110 | Taylor J. Matson v. United States | Ninth Circuit | 2023-08-08 | Presumed Complete | attempted-child-enticement circuit-split evidentiary-standards expert-testimony jury-trial law-enforcement-agents | Question not identified. | |
| 23-5261 | Everado Joe Flores-Salcido v. United States | Fifth Circuit | 2023-08-01 | Denied | Response WaivedIFP | almendarez-torres case-precedent criminal-procedure due-process fifth-circuit judicial-review jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5264 | Julio Cesar De La Rosa-De La Cerda v. United States | Fifth Circuit | 2023-08-01 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-92 | James Edwin Hoganson v. Colorado | Colorado | 2023-08-01 | Denied | aggravating-circumstances apprendi-v-new-jersey blakely-v-washington constitutional-rights criminal-sentencing due-process jury-determination jury-trial reasonable-doubt sixth-amendment | Where a maximum prison term may be doubled upon a finding of "extraordinary … aggravating circumstances," does the Sixth Amendment require th e existe… | |
| 23-5245 | Juan Leonardo Aparicio-Martinez v. United States | Fifth Circuit | 2023-07-31 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5229 | Rodolfo Hernandez Roman v. United States | Fifth Circuit | 2023-07-27 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5210 | Andres Zapata-Reyes v. United States | Fifth Circuit | 2023-07-26 | Denied | Response WaivedIFP | case-law certiorari constitutional-interpretation criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5192 | Phiet The Doan v. California | California | 2023-07-25 | Denied | Response WaivedIFP | due-process equal-protection excessive-fine fourteenth-amendment jury-trial restitution sixth-amendment victim-restitution | 1. Did Mr. Doan have a Sixth and Fourteenth Amendment right to a jury trial on whether he owed almost $64,000 in victim restitution? 2. Did the resti… |
| 23-5181 | Rudy Alexander Ventura-Recinos v. United States | Fifth Circuit | 2023-07-24 | Denied | Response WaivedIFP | Almendarez-Torres case-precedent criminal-procedure due-process fifth-circuit judicial-review jury-trial legal-standard sentencing Supreme-Court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5173 | Jose Luis Guzman v. Florida | Florida | 2023-07-21 | Denied | Response RequestedResponse WaivedRelisted (18)IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5140 | Ralph Castillo v. Richard Martinez, Warden, et al. | New Mexico | 2023-07-19 | Denied | IFP | aggravating-circumstances criminal-rights due-process jury-determination jury-trial plea-agreement plea-bargaining sentencing-enhancement sentencing-procedure sixth-amendment | 1. Was it proper for the State to intentionally mislead the court when it required that petitioner show the presumption of equality when the real issu… |
| 23-5141 | Alejandro Holguin v. United States | Fifth Circuit | 2023-07-19 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5079 | Genaro Perchez-Hernandez v. United States | Fifth Circuit | 2023-07-13 | Denied | Response WaivedIFP | case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5096 | Kim Davis v. Gene R. Mariano, et al. | Third Circuit | 2023-07-13 | Denied | Response WaivedIFP | amendment-violation civil-procedure civil-rights constitutional-rights due-process equal-protection jury-trial property-rights v-amendment | 1. Whether Petitioner was deprived of her V Amendment due process right to property? 2. Whether Petitioner's was deprived of her VII Amendment right … |
| 23-5081 | Ronnie R. Lovell v. United States | Sixth Circuit | 2023-07-12 | Denied | Response WaivedIFP | armed-career-criminal-act burden-of-proof criminal-procedure fifth-amendment jury-trial preponderance-of-evidence sentencing-enhancement sixth-amendment | Can a district court judge determine that an individual's prior offenses occurred "on occasions different," as required by the Armed Career Criminal A… |
| 23-5085 | Andre Rene Williams v. United States | Fifth Circuit | 2023-07-12 | Denied | Response WaivedIFP | acca constitutional-rights due-process fifth-amendment jury-trial non-elemental-facts preponderance-standard sentencing sentencing-enhancement sixth-amendment sixth-amendment-jury-trial | Whether the Constitution permits a sentencing judge to find non-elemental facts by a preponderance of the evidence and then rely on those facts to imp… |
| 23-5062 | Alfredo Martinez-Rubio v. United States | Fifth Circuit | 2023-07-10 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-5058 | Gabriel Simental-Murillo v. United States | Fifth Circuit | 2023-07-07 | Denied | Response WaivedIFP | Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5035 | Miguel Lux-Tum v. United States | Fifth Circuit | 2023-07-05 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States Apprendi-v-New-Jersey constitutional-interpretation criminal-procedure due-process judicial-precedent jury-trial legal-doctrine precedent-overruling sentencing supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5027 | Gabriel Gonzalez Perez v. United States | Fifth Circuit | 2023-07-03 | Denied | Response WaivedIFP | case-law constitutional-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7882 | Sergio Delgado-Perez v. United States | Fifth Circuit | 2023-06-28 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7852 | Juan Victor Quezada-Lara v. United States | Fifth Circuit | 2023-06-28 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7863 | Osvaldo Castelan-Saucedo v. United States | Fifth Circuit | 2023-06-26 | Denied | Response WaivedIFP | Almendarez-Torres case-precedent court-of-appeals criminal-procedure due-process fifth-circuit jury-trial legal-review sentencing Sixth-Amendment supreme-court writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7854 | Edgar Ivan Armenta-Lopez v. United States | Fifth Circuit | 2023-06-23 | Denied | Response WaivedIFP | Almendarez-Torres case-law-review certiorari constitutional-interpretation criminal-procedure due-process judicial-precedent jury-trial legal-overruling sentencing Supreme-Court supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-1217 | Akiel McKnight v. Pickens Police Department, et al. | Fourth Circuit | 2023-06-16 | Denied | Response RequestedRelisted (2) | bostock-decision civil-rights due-process employment-discrimination jury-trial seventh-amendment sexual-orientation title-vii | I. Whether the Petitioner has a claim pursuant to Title VII 42 U.S.C. § 2000e -2(a)(1) when he was terminated on the basis of his sexual orientation .… |
| 22-7772 | Stanley Jackson, III v. United States | Sixth Circuit | 2023-06-13 | Denied | Response WaivedIFP | armed-career-criminal-act constitutional-rights criminal-sentencing due-process jury-factfinding jury-trial prior-convictions sentencing sixth-amendment | 1. Whether the Constitution requires an indictment, jury trial, and proof beyond a reasonable doubt to find a defendant's prior convictions were "comm… |
| 22-7775 | David Elijah Smith v. United States | Fourth Circuit | 2023-06-13 | Denied | Response WaivedIFP | appeals civil-rights constitutional-law court-of-appeals criminal-procedure due-process fifth-amendment jury-trial procedural-requirements sentencing statutory-interpretation | Did you Did you Did you Did you Did you Did you Did you Did you Did you Did you Did you Did you Did you Did you Did you Did you Did you Did you Did yo… |
| 22-1195 | Phillip Robinson v. United States | Seventh Circuit | 2023-06-09 | Denied | Response Waived | acquitted-conduct criminal-sentencing due-process fifth-amendment jury-trial sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 22-7673 | James Michael Wells v. United States | Ninth Circuit | 2023-05-31 | Denied | Response WaivedIFP | anonymous-jury apprendi-rights criminal-procedure due-process jury-selection jury-trial public-trial restitution-order sixth-amendment | 1. Whether a criminal defendant has a Sixth Amendment right to a public jury, as opposed to an "anonymous" jury, in a federal criminal trial, and, if … |
| 22-7647 | Nicasio Nevarez-Zamudio v. United States | Fifth Circuit | 2023-05-26 | Denied | Response WaivedIFP | appellate-procedure case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial precedent sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7634 | Alan Headman v. Camille Headman, aka Camille Bromley | Utah | 2023-05-25 | Denied | Response WaivedRelisted (3)IFP | 13th-amendment alimony alimony-servitude civil-rights court-coercion due-process involuntary-servitude jury-trial pre-nuptial-agreement thirteenth-amendment | Whether the United States Supreme Court should order the use of a deference doctrine (referred to as "Headman Deference" outlined in this petition) th… |
| 22-7636 | Jose Luis Manriquez-Gutierrez v. United States | Fifth Circuit | 2023-05-25 | Denied | Response WaivedIFP | case-law constitutional-law criminal-law due-process fifth-circuit judicial-precedent jury-trial precedent sentencing statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7642 | Julio Angel Torrez, Jr. v. California | California | 2023-05-25 | Denied | Relisted (3)IFP | doyle-v-ohio due-process estelle-v-mcguire evidence-admission fair-trial fifth-amendment fourteenth-amendment jury-trial people-v-medina right-to-silence sixth-amendment | Question not identified. |
| 22-7617 | David Anthony Battle v. United States | Ninth Circuit | 2023-05-23 | Denied | Response WaivedIFP | barker-factors constitutional-rights covid-19 covid-19-delay dismissal-with-prejudice due-process jury-trial pretrial-incarceration sixth-amendment speedy-trial | 1. Whether the district court failed to make proper ends of justice findings to justify a sixteen month delay in the trial based upon pronouncements c… |
| 22-7479 | Mario Rodolfo Chairez-Avila v. United States | Fifth Circuit | 2023-05-08 | Denied | IFP | Apprendi-v-New-Jersey case-law certiorari constitutional-interpretation criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7485 | Daniel Isaiah Thody v. United States | Sixth Circuit | 2023-05-08 | Denied | Response WaivedIFP | civil-rights constitutional-challenge due-process jury-trial sentencing sentencing-procedure sixth-amendment statutory-interpretation supervised-release united-states-v-haymond | As a case of first impression, whether the current implementation of Supervised Release, (18 U.S.C. §3583), as a "separate sentence " in addition to t… |
| 22-7460 | Carlos Darnell Dixon v. Tennessee | Tennessee | 2023-05-04 | Denied | IFP | 2nd-amendment civil-rights constitutional-rights criminal-procedure criminal-trial due-process evidence firearm-possession jury-inference jury-trial second-amendment | The issue presented in this application has never been addressed by this Court; to wit, to what extent may the State violate a citizen's right to bear… |
| 22-7420 | Jose Angel Morquecho-Sanchez v. United States | Fifth Circuit | 2023-05-01 | Denied | IFP | case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7423 | Gilberto Marquez-Calzadilla v. United States | Fifth Circuit | 2023-05-01 | Denied | IFP | Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing Supreme-Court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7400 | Maurice Morrison v. Massachusetts | Massachusetts | 2023-04-28 | Denied | Response WaivedIFP | confrontation-clause confrontation-rights criminal-procedure due-process evidence fourteenth-amendment judicial-protection jury-deliberations jury-trial sixth-amendment trial-evidence | A person accused of a crime is entitled to have his guilt or innocence determined solely on the basis of evidence introduced at trial. Taylor v. Kentu… |
| 22-7373 | Victor M. Miranda-Guerrero v. California | California | 2023-04-26 | Denied | IFP | aggravating-circumstances apprendi-v-new-jersey constitutional-rights criminal-procedure death-penalty due-process jury-determination jury-trial mitigating-circumstances sentencing sentencing-procedure | Does the mandatory weighing of aggravating and mitigating circumstances under the California death penalty statute—a factfinding determination that se… |
| 22-7377 | Jose Isabel Mora-Rodriguez v. United States | Fifth Circuit | 2023-04-26 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-1030 | Gary Lewis v. United Automobile Insurance Company, et al. | Ninth Circuit | 2023-04-24 | Denied | Response Waived | civil-rights constitutional-rights due-process federalism insurance-law insurance-regulation judicial-procedure jury-trial rule-of-law | The question presented is whether the constitutional right to a jury trial can be usurped by the trial court and appellate court interfering with the … |
| 22-7319 | Jose Manuel Salazar-Hernandez v. United States | Fifth Circuit | 2023-04-19 | Denied | IFP | case-law criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7285 | Susan Lloyd v. Thomas Pokorny, et al. | Sixth Circuit | 2023-04-14 | Denied | Response WaivedIFP | 6th-circuit civil-rights due-process judicial-immunity judicial-misconduct jury-trial sanctions standing trial-procedure | 1. ARE THE ORDERS FROM THE 6TH CIRCUIT VOID. SHOULD 2LLOYDS MOTION FOR RECONSIDERATION BE DENIED. 2. IS A JUDGE IMMUNE FROM CIVIL LIABILITY WHEN HE H… |
| 22-7257 | Santos Cuevas v. Tina Kotek, Governor of Oregon, et al. | Ninth Circuit | 2023-04-12 | Denied | IFP | constitutional-review double-jeopardy due-process federal-law judicial-discretion jury-trial sentence-enhancement sentencing sixth-amendment | Has Oregon's Judiciary and legislature failed to incorporate landmark cases relevant for how and-when to enhance a sentence, and to comport with the r… |
| 22-7259 | Jose Manuel Cejudo-Mancinas v. United States | Fifth Circuit | 2023-04-12 | Denied | IFP | case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7239 | Edward Knight v. United States | Ninth Circuit | 2023-04-07 | Denied | Response WaivedIFP | crime-of-violence criminal-procedure due-process felony hobbs-act in-person jury-trial public-trial sixth-amendment structural-error | 1. Whether allowing a seated juror to appear virtually via Zoom in a federal felony trial is structural error violating the Fifth and Sixth Amendment … |
| 22-7233 | Justin Heath Thomas v. California | California | 2023-04-06 | Denied | IFP | apprendi-v-new-jersey capital-punishment constitutional-requirement criminal-sentencing death-penalty due-process jury-finding jury-trial reasonable-doubt ring-v-arizona statutory-maximum | WHETHER CALIFORNIA'S DEATH PENALTY SCHEME VIOLATES THE CONSTITUTIONAL REQUIREMENT THAT ANY FACT, OTHER THAN A PRIOR CONVICTION, THAT SERVES TO INCREAS… |
| 22-7220 | Geronimo Juarez-Medellin v. United States | Fifth Circuit | 2023-04-05 | Denied | IFP | appellate-procedure Apprendi-v-New-Jersey certiorari constitutional-interpretation criminal-law criminal-procedure due-process judicial-precedent jury-trial recidivism sentencing supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7205 | Miguel Valdivia-Gonzalez v. United States | Fifth Circuit | 2023-04-04 | Denied | IFP | case-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent precedent sentencing statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7209 | Dylan Brando Ervey Macias-Torres v. United States | Fifth Circuit | 2023-04-04 | Denied | IFP | case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7179 | Andres Ajualip-Pablo v. United States | Fifth Circuit | 2023-04-03 | Denied | IFP | case-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7183 | Manuel Camilo Ordonez-Mendoza v. United States | Fifth Circuit | 2023-04-03 | Denied | IFP | case-law constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial precedent sentencing statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7184 | Darrell Kelly Middlekauff v. Sue Washburn, Superintendent, Eastern Oregon Correctional Institution | Oregon | 2023-04-03 | Denied | Response WaivedIFP | capital-sentencing death-penalty fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-trial jury-trial-waiver post-conviction-relief sixth-amendment | 1. In a post-conviction relief case based on an aggravated murder conviction in which the defendant faced the death penalty, is trial counsel ineffect… |
| 22-947 | Tyler G. Williams v. United States | Sixth Circuit | 2023-03-29 | Denied | Response Waived | armed-career-criminal-act constitutional-requirements criminal-sentencing due-process jury-trial prior-convictions proof-beyond-reasonable-doubt sentencing-enhancement | Whether the Constitution requires an indictment, jury trial, and proof beyond a reasonable doubt to find that a defendant's prior convictions were "co… |
| 22-7133 | Ryan Stancu v. Southern Methodist University | Texas | 2023-03-28 | Denied | Response WaivedIFP | breach-of-contract civil-procedure constitutional-provisions discovery discovery-rights due-process jury-trial seventh-amendment | 1. Did the lower courts and the Supreme Court of Texas usurped the Seventh Amendment to the United States Constitution by wrongly denying Stancu's rig… |
| 22-7051 | William Todd Lewallen v. Scott Crow | Tenth Circuit | 2023-03-21 | Denied | IFP | constitutional-rights criminal-procedure defendant-testimony due-process evidence jury-trial right-to-testify rock-v-arkansas sentencing sentencing-procedure state-evidence-law | Oklahoma has jury sentencing in all felony cases, and those proceedings may be bifurcated. The Oklahoma Court of Criminal Appeals (the "OCCA") has the… |
| 22-7016 | Guadalupe Onate-Herrera v. United States | Fifth Circuit | 2023-03-15 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7009 | Davion Smith v. California | California | 2023-03-14 | Denied | Response WaivedIFP | adult-sentence criminal-procedure due-process fourteenth-amendment jury-trial juvenile-adjudication juvenile-delinquent sentencing-enhancement sixth-amendment | I. Does a state violate the Due Process Clause of the Fourteenth Amendment when it denies the right to a jury trial to a juvenile delinquent on the gr… |
| 22-6983 | Bernardino Berrun-Torres v. United States | Fifth Circuit | 2023-03-10 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6986 | Paulo Bernal-Ceto v. United States | Fifth Circuit | 2023-03-10 | Denied | IFP | case-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent recidivism sentencing Sixth-Amendment supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6930 | Robert Earl Hackney v. Michigan | Michigan | 2023-03-06 | Denied | Relisted (2)IFP | constitutional-violation criminal-procedure cruel-and-unusual-punishment due-process judicial-ethics judicial-misconduct jury-trial standing writ-of-certiorari | The questions before this Court is asked with impartialities on whether it can be presumed given the facts underlined in this writ, that if a petition… |
| 22-6940 | Leon Little v. United States | Third Circuit | 2023-03-06 | Denied | Response WaivedRelisted (9)IFP | criminal-sentencing due-process fifth-amendment jury-trial preponderance-of-evidence sixth-amendment uncharged-conduct | I. Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentencing on uncharged conduct which was never … |
| 22-6873 | Jesus Ivan Dominguez v. United States | Fifth Circuit | 2023-02-27 | Denied | IFP | Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing Sixth-Amendment supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6826 | Marcos Juan Martin-Andres v. United States | Fifth Circuit | 2023-02-21 | Denied | IFP | case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-review recidivism sentencing Sixth-Amendment supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6813 | Joshua Glowacki v. United States | Sixth Circuit | 2023-02-17 | Denied | Response WaivedIFP | child-pornography criminal-procedure due-process jury-determination jury-trial probable-cause restitution restitution-order search-warrant sentencing victim-rights | After Petitioner pled guilty to a child pornography offense the district court awarded restitution of $10,000 to one victim, over Petitioner's objecti… |
| 22-6815 | David E. Merry v. United States | Eleventh Circuit | 2023-02-17 | Denied | Relisted (7)IFP | acquitted-conduct constitutional-rights criminal-procedure criminal-sentencing due-process fifth-amendment jury-trial sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing (enhancing) a criminal defendant's sentence on conduct for which a jury ha… |
| 22-6817 | Carline Curry v. City of Mansfield, Ohio, et al. | Sixth Circuit | 2023-02-17 | Denied | Response WaivedIFP | civil-rights civil-rights-violation due-process employment-discrimination jury-trial jury-trial-denial retaliation statutory-interpretation summary-judgment | 1. Why wasn't plaintiff Curry given an opportunity to become a plant Operator? 2. Defendants submitted a bad faith affidavit under Perjury, Fraud, an… |
| 22-6808 | Erich Deolax Riker v. United States | Tenth Circuit | 2023-02-16 | Denied | Response WaivedIFP | criminal-procedure due-process fact-finding federal-sentencing jury-finding jury-trial sentencing sentencing-guidelines substantive-reasonableness | Whether a factual finding that is necessary to render a federal sentence substantively reasonable must be found by a jury beyond a reasonable doubt. |
| 22-771 | Renè Joseph Foley Bey, et ux. v. Steve Prator, Sheriff, Caddo Parish, Louisiana, et al. | Fifth Circuit | 2023-02-16 | Denied | 7th-amendment civil-procedure civil-rights common-law constitution damages due-process jury-trial legal-rights | 1. Does the Constitution for the United States of America Republic (North America) guarantee that everyone has the Right to a trial by jury in suits… | |
| 22-6736 | Justin D. Martin v. United States | Sixth Circuit | 2023-02-09 | Denied | Relisted (8)IFP | acquittal criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment judicial-discretion jury-acquittal jury-trial sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 22-750 | Nathan D. Crisp v. Georgia, et al. | Eleventh Circuit | 2023-02-09 | Denied | Response Waived | criminal-procedure due-process first-offender forgery jury-trial perjury void-judgment | Can the State of Georgia use a perjury and forgery guilty plea and perjury First Offender to bypass Petitioner Sgt. Crisp's jury trial and due process… |
| 22-6716 | Conrado Olivo-Duron v. United States | Fifth Circuit | 2023-02-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6721 | Jeffery T. Crystal v. Florida | Florida | 2023-02-07 | Denied | IFP | constitutional-rights criminal-charges criminal-procedure double-jeopardy due-process ex-post-facto jury-determination jury-trial sixth-amendment supremacy-clause trial-procedure verdict-form | Did the "verdict form " agreed upon by the jury failure to specify I. "GUILTY " as to Count 1 violate 6th Amendment right to a jury determination of G… |
| 22-6708 | Arturo Villalobos-Franco v. United States | Fifth Circuit | 2023-02-06 | Denied | Response WaivedIFP | case-review constitutional-law criminal-law due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6682 | Ricky Douglas Haynes, Jr. v. United States | Eleventh Circuit | 2023-02-01 | Denied | Response WaivedIFP | armed-career-criminal-act criminal-occasions due-process jury-trial mandatory-minimum non-elemental-facts sentencing sentencing-enhancement statutory-interpretation violent-felony | 1. Whether a sentencing judge may rely on non-elemental facts to conclude that a defendant's prior offenses were "committed on occasions different fro… |
| 22-6566 | Rodney R. Ellis v. Florida | Florida | 2023-01-18 | Denied | Response WaivedIFP | apprendi-doctrine apprendi-v-new-jersey criminal-procedure jury-clause jury-trial prior-record-exception sentencing sentencing-enhancement sixth-amendment | Whether a sentencing court violates the Sixth Amendment's Jury Clause when the sentencing court —rather than the jury —finds that the defendant commit… |
| 22-6447 | In Re David A. Avery | 2023-01-04 | Denied | Response WaivedIFP | arbitrariness civil-procedure civil-rights constitutional-rights due-process federal-rules-of-civil-procedure judicial-discretion jury-trial state-constitution state-rules-of-civil-procedure trial-by-jury | 1. WHETHER THE PETITIONER IS ENTITLED TO THE PROVISIONS SET FORTH IN THE BILL OF RIGHTS 7TH AMEND., FED. R. CIVIL P. RULE 38, TENN. CONST. ART. 1 § 6 … | |
| 22-6450 | Dedrevionus C. Williams v. Florida | Florida | 2023-01-04 | Denied | Response WaivedIFP | constitutional-law constitutional-rights criminal-procedure due-process judicial-fact-finding jury-trial preponderance-standard sentencing sentencing-enhancement statutory-interpretation | 1. Does Florida's Statute §775.082(9) Prison Releasee Reoffender sentence violate a defendant's U.S. Constitutional rights per this Court's holdings i… |
| 22-6460 | Davonte DeJean v. United States | Fifth Circuit | 2023-01-04 | Denied | Response WaivedRelisted (2)IFP | 6th-amendment constitutional-rights court-responsibility criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel jury-trial right-to-jury-trial sentencing sixth-amendment | Was counsel ineffective for not enforcing the 6th Amendment right to a jury trial in the sentencing proceeding and is the court also responsible? Was… |
| 22-6413 | Rajul Ruhbayan v. Rebecca Beach Smith, Judge, United States District Court for the Eastern District of Virginia, et al. | Fourth Circuit | 2022-12-30 | Denied | Response WaivedIFP | christopher-v-harbury civil-rights constitutional-rights due-process fifth-amendment fourth-circuit jury-trial sentencing-finality sixth-amendment supervisory-powers | 1. Whether this Supreme Court or Solicitor General should invoke its supervisory powers to deter the illegal acts of and implement a remedy for the Fo… |
| 22-6412 | Nicholas Conlan v. Costco Wholesale Corporation | Ninth Circuit | 2022-12-29 | Denied | Response WaivedIFP | americans-with-disabilities-act disability-accommodation employment-discrimination interactive-process jury-trial pretext reasonable-accommodation service-animal service-dog workplace-accommodation | Did Costco violate the Americans with Disabilities Amendment Act by terminating the interactive process with ambiguities they had and not directly eng… |
| 22-6394 | Van Raymond Brollini v. United States | Ninth Circuit | 2022-12-27 | Denied | Response WaivedIFP | appellate-review conflicting-evidence credibility-of-witnesses evidence-preclusion harmless-error jury-trial sixth-amendment sixth-amendment-jury-trial tax-prosecution willfulness | L. In conducting harmless-error review, an appellate court may not resolve conflicting evidence or assess the credibility of witnesses. Neder v. Unite… |
| 22-6372 | Jose Felipe Cardenas-Ramirez v. United States | Fifth Circuit | 2022-12-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-557 | Peter Kleidman v. RFF Family Partnership, LP | California | 2022-12-19 | Denied | attorney-fees civil-procedure contract-law contractual-claims due-process equal-protection fourteenth-amendment jury-trial summary-adjudication | Question 1. Does California's legal framework — whereby prevailing parties' claims for contractual attorney's fees are adjudicated summarily as claims… | |
| 22-6329 | Phosavan Khamnivong v. United States | Ninth Circuit | 2022-12-19 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment bodily-injury due-process fifth-amendment firearm-enhancement jury-trial reasonable-doubt sentencing sentencing-guidelines sixth-amendment | In United States v. Jones, 574 U.S. 948 (2014), three justices urged the Court to grant certiorari to answer the question left open in Rita v. United … |
| 22-6309 | Uriel Mora-Mendez v. United States | Fifth Circuit | 2022-12-15 | Denied | Response WaivedIFP | case-jurisdiction constitutional-law constitutional-provisions criminal-procedure due-process fifth-circuit jury-trial legal-precedent sentencing supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6302 | Selvin Omar Canales v. United States | Fifth Circuit | 2022-12-14 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 22-6261 | Damar D. Ruffin v. United States | Sixth Circuit | 2022-12-08 | Denied | Response WaivedIFP | criminal-procedure due-process jury-trial sentencing sixth-amendment statutory-maximum | This Court has made clear that any fact, other than prior conviction, that increases the statutory range of punishment, must be found by a jury to hav… |
| 22-6244 | LeeAnn Morgan v. Regents of the University of California, et al. | California | 2022-12-07 | Denied | Response WaivedIFP | 7th-amendment civil-procedure civil-rights fraud-concealment jury-trial medical-battery private-party seventh-amendment state-funded-medical-institution writ-of-error-coram-nobis | 1. Does the 7th Amendment of the U.S. Constitution provide that a Jury Trial be held in civil private matters between a private party and a State-fun… |
| 22-6247 | Denis Amilcar Munguia-Portales v. United States | Fifth Circuit | 2022-12-07 | Denied | Response WaivedIFP | case-precedent constitutional-law criminal-law due-process fifth-circuit judicial-review jury-trial legal-challenge precedent sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6193 | Marie Assa'ad-Faltas v. South Carolina | South Carolina | 2022-12-01 | Denied | Response WaivedRelisted (2)IFP | 8th-amendment civil-rights constitutional-rights contempt-power contempt-powers due-process eighth-amendment judicial-discretion jury-trial prison-overcrowding | After Poundersv. Watson, 521 U.S. 982 (1997) (with Justices Stevens and Breyer dissenting), South Carolina 's Supreme Court ("SC S Ct"), in conflict … |
| 22-6180 | Alvaro Noe Mendoza-Valencia v. Oregon | Oregon | 2022-11-30 | Denied | Response WaivedIFP | attorney-client-relationship criminal-trial due-process effective-assistance-of-counsel ineffective-assistance jury-trial right-to-counsel sixth-amendment substitution-counsel | 1. Can a state trial court deny a criminal defendant's request for substitution counsel without any reasonable inquiry into trial counsel's performanc… |
| 22-6088 | Tupoutoe Mataele v. California | California | 2022-11-17 | Denied | IFP | 14th-amendment 5th-amendment 6th-amendment 8th-amendment aggravating-circumstances constitutional-requirements criminal-sentencing death-penalty jury-finding jury-trial reasonable-doubt | Does California's death penalty scheme, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt the ex… |
| 22-462 | Ruby J. Watts v. John Stewart, et al. | Eighth Circuit | 2022-11-16 | Denied | civil-rights court-appointed-counsel directed-verdict discrimination due-process employment-discrimination employment-law equal-pay-act jury-trial prima-facie-case | 1. Did the lower court err in its issuing a directed verdict when a documented prima facie case of discrimination had been established? 2. Did the lo… | |
| 22-6066 | Brent Stephens v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2022-11-16 | Denied | IFP | 28-usc-2244 28-usc-2254 appeal appeal'\n\n'Whether the Federal Court of Appeals f appeal'\n\n'Whether the U.S. District Court Magist appellate-procedure certificate-of-appealability criminal-procedure due-process exhaustion exhaustion'\n\n'Whether the Federal Court of Appea federal-statute fifth-circuit habeas-corpus judicial-deference jury-trial jury-verdict magistrate-bar procedural-bar sentencing standard-of-review standard-of-review'\n\n'Whether the U.S. District trial-court-authority | QUESTION A: Whether the Trial Court had the authority to supplant the verdict of the jury on punishment? QUESTION B: Whether the U.S. District Court … |
| 22-6071 | Manuel Bracamontes v. California | California | 2022-11-16 | Denied | IFP | aggravating-circumstances constitutional-rights death-penalty due-process jury-determination jury-trial mitigating-circumstances reasonable-doubt | Does the mandatory weighing of aggravating and mitigating circumstances under the California death penalty statute—a factfinding determination that se… |
| 22-5989 | Michael Edward Bowman v. United States | Ninth Circuit | 2022-11-03 | Denied | Response WaivedIFP | civil-rights constitutional-interpretation constitutional-law due-process jury-trial ninth-circuit religious-freedom-restoration-act tax-return | Did the Ninth Circuit impermissibly ignore the express language of the Religious Freedom Restoration Act and deny Mr. Bowman his right to a jury trial… |
| 22-5977 | Bonerge Benitez-Marquez v. United States | Fifth Circuit | 2022-11-02 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-5956 | Charles Wallace v. Louisiana | Louisiana | 2022-11-01 | Dismissed | Response WaivedIFP | 14th-amendment civil-rights constitutional-rights criminal-procedure due-process equal-protection jury-trial jury-unanimity retroactivity state-constitution state-jurisdiction | ARE NONUNANIMOUS INSTRUCTED CASES RIPE TO REMOVAL via 28 U.S.C.A. §1443? DOES THE UNITED STATE CONSTITUTION AND AMENDMENTS IN AND OF ITSELF VOID AND … |
| 22-5936 | Demetrius Troy Bradley v. Michigan | Michigan | 2022-10-31 | Denied | IFP | acquitted-conduct constitutional-law criminal-procedure due-process fourteenth-amendment jury-trial jury-trial-rights sentencing sentencing-discretion sixth-amendment | 1. Do the jury-trial and due process guarantees of the Sixth and Fourteenth Amendments prohibit judges from considering, at sentencing in a criminal c… |
| 22-5949 | Oswaldo Omar Ramirez-Ortiz v. United States | Fifth Circuit | 2022-10-31 | Denied | Response WaivedIFP | case-law criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5950 | Antonio Ramirez-Juan v. United States | Fifth Circuit | 2022-10-31 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States Apprendi-v-New-Jersey court-of-appeals criminal-procedure due-process fifth-circuit jury-trial legal-review sentencing supreme-court writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5927 | Jonathan Lee Oliver v. United States | Ninth Circuit | 2022-10-27 | Denied | Response WaivedIFP | due-process fifth-amendment judicial-procedure jury-trial non-jury-proceeding preponderance-of-evidence sixth-amendment supervised-release | Did the district court's unindicted, non-jury, preponderance of the evidence fact-finding that Mr. Oliver committed a new federal offense to conclude … |
| 22-386 | Andy A. Weimer v. Washington | Washington | 2022-10-25 | Denied | Response Waived | 8th-amendment admiralty-law amendment-eight amendment-seven civil-rights constitutional-rights constitutional-supremacy due-process jury-trial law-enforcement-conduct | 1. If we are a Constitutional Republic, and the Constitution is the Supreme Law of the land, every person, every State, and every Federal agent, has t… |
| 22-5810 | Martin Perez-Barrios v. United States | Fifth Circuit | 2022-10-12 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-336 | Jason Reed v. United States | Tenth Circuit | 2022-10-11 | Denied | Amici (1) | armed-career-criminal-act constitutional-requirements criminal-sentencing due-process jury-trial prior-convictions proof-beyond-reasonable-doubt sentencing-enhancement | Whether the Constitution requires an indictment, jury trial, and proof beyond a reasonable doubt to find that a defendant's prior convictions were "co… |
| 22-5801 | Steven Nelson Murray v. Jerry Howell, Warden, et al. | Ninth Circuit | 2022-10-11 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-trial jury-trial-waiver procedural-default sixth-amendment | When a criminal defendant must make a personal decision whether to waive a fundamental constitutional right, does an attorney provide deficient perfor… |
| 22-5791 | Erin Carter v. St. Tammany Parish School Board, et al. | Fifth Circuit | 2022-10-07 | Denied | Response WaivedIFP | civil-procedure employer-discretion employment-discrimination fmla-rights incomplete-discovery incomplete-record judicial-review jury-trial prejudice-standard standard-of-review summary-judgment | The district court in this case held that petitioner had no FMLA rights because her migraines were not a serious health condition, could not prove dis… |
| 22-5695 | Christopher Eric Poore v. California | California | 2022-09-28 | Denied | IFP | 5th-6th-14th-amendments aggravating-circumstances constitutional-rights criminal-sentencing death-penalty due-process jury-finding jury-trial reasonable-doubt sentencing | Does California's death penalty scheme, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt the ex… |
| 22-5613 | Kennrith L. Foster v. Illinois | Illinois | 2022-09-20 | Denied | IFP | constitutional-rights due-process judicial-procedure jury-trial legal-interpretation notice plea-bargaining prisoner-rights state-court waiver | eanciFh Fo / tfial and -b (docg) Did d-c i a I £ourt t/iolafe Vilo-Vional rights +*o 4 j 0f |au3 u)hen if atte^je.d ht'S jW f atvoniTi nri5of\£.on$ e… |
| 22-5593 | Richard Anthony Rodriguez v. California | California | 2022-09-15 | Denied | Response WaivedIFP | apprendi-rule constitutional-procedure criminal-procedure due-process jury-trial jury-trial-right juvenile-adjudication prior-conviction-exception prior-convictions sentencing-enhancement sentencing-enhancements sixth-amendment | Can juvenile adjudications, obtained without a trial by jury, be relied upon to enhance a defendant's sentence in a later proceeding? Thus, the quest… |
| 22-230 | The Golden 1 Credit Union v. Dwaine Burgardt | California | 2022-09-13 | Denied | Amici (1)Response Waived | discriminates against arbitration and is contrary when such modifications are permitted under ordin arbitration-agreement contract-law contract-modification federal-arbitration-act jury-trial jury-trial-waiver kindred-nursing mutual-assent state-common-law state-law | Whether a special rule that prohibits parties from adding an arbitration provision to a contract by mutual assent manifested by conduct, when such mod… |
| 22-215 | Heslin Gallagher v. Financial Industry Regulatory Authority, Inc. | Eleventh Circuit | 2022-09-09 | Denied | Response Waived | 7th-amendment absolute-immunity civil-procedure civil-rights due-process jury-trial quasi-governmental-immunity securities-exchange-commission self-regulatory-organization seventh-amendment standing | 1. Whether clarification is needed to resolve the conflicts among the various circuits when a Self-Regulatory Organization registered with the Securit… |
| 22-5546 | Jhon Albert Carrizales Pretell v. Florida | Florida | 2022-09-09 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-right criminal-defendant criminal-procedure due-process felony felony-offense fourteenth-amendment jury-trial sixth-amendment trial-procedure | 1. Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense. |
| 22-5488 | Thomas James Dorn v. Verna Carpenter, Judge, District Court of Jefferson County, Colorado, et al. | Tenth Circuit | 2022-09-01 | Denied | Response WaivedIFP | 11th-amendment civil-rights constitutional-violation due-process human-trafficking judicial-misconduct jury-trial protection-orders restraining-order standing | 1. Should an appearance be required for a loss of rights, and should the right to trial by jury be explained to the respondent going forward in the un… |
| 22-5480 | Manuel Ralios-Chajal v. United States | Fifth Circuit | 2022-08-31 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process federal-sentencing judicial-fact-finding jury-trial reasonable-doubt sentencing | Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt? |
| 22-5432 | Terence Valentine v. Florida | Florida | 2022-08-23 | Denied | IFP | actual-innocence constitutional-rights criminal-procedure due-process evidentiary-development habeas-corpus jury-trial jury-verdict state-courts | Whether, when deciding if it should allow a defendant an opportunity to present evidence of actual innocence, a state court must, in conformance with … |
| 22-5422 | Vohn Robert Cooper v. Florida | Florida | 2022-08-22 | Denied | IFP | criminal-procedure due-process jury-trial sentencing sixth-amendment statutory-maximum | WHETHER THE SENTENCING JUDGE VIOLATED COOPER'S SIXTH AMENDMENT RIGHT TO HAVE A JURY DETERMINE ANY FACT THAT INCREASED THE STATUTORY MAXIMUM IN HIS CAS… |
| 22-156 | David Douglas Fennell v. Rob Bonta, Attorney General of California | Ninth Circuit | 2022-08-18 | Denied | Response Waived | anti-SLAPP-law civil-rights constitutional-rights equal-protection federal-preemption free-speech jury-trial jury-trial-rights political-assembly right-to-assemble | Is California's anti-SLAPP law which allows California to ban Republicans from assembling and running for office as a "matter of public interest" in v… |
| 22-5337 | Carlos Vazquez-Tellez v. United States | Fifth Circuit | 2022-08-11 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-118 | Marquis Shaw v. United States | Ninth Circuit | 2022-08-08 | Denied | Relisted (12) | acquitted-conduct constitutional-rights criminal-sentencing double-jeopardy due-process issue-preclusion jury-trial sentencing united-states-v-watts | (1) Do either the Jury Clauses of Article III and the Sixth Amendment or the Due Process Clause of the Fifth Amendment bar a court from imposing a mor… |
| 22-5234 | Victor Manuel Duarte-Munoz v. United States | Fifth Circuit | 2022-08-01 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-jurisdiction constitutional-provisions criminal-procedure due-process fifth-circuit jury-trial legal-precedent sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5241 | Silvino Vasquez-Jacinto v. United States | Fifth Circuit | 2022-08-01 | Denied | Response WaivedIFP | Apprendi-v-New-Jersey case-jurisdiction constitutional-provisions criminal-procedure due-process fifth-circuit jury-trial legal-precedent recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5210 | Travis Louis Shaw v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2022-07-27 | Denied | Response WaivedIFP | certificate-of-appealability constitutional-rights due-process ineffective-assistance jury-trial reasonable-doubt strickland-v-washington us-constitution | L Whether Petitioner should be granted a Certificate of Appealability pursuant to 28 U.S.C. 2253 on the issue of whether (A) Petitioner was denied hi… |
| 22-5147 | Ortavious Devon Wilson v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2022-07-21 | Denied | Response WaivedIFP | almendarez-torres-v-united-states certificate-of-appealability constitutional-rights criminal-procedure jury-trial mandatory-minimum mandatory-sentencing prison-releasee-reoffender sixth-amendment | 1. Whether the Petitioner's sentence violated his Sixth Amendment right to a jury trial when the trial court imposed a minimum mandatory sentence of l… |
| 22-5106 | Kalvin Lamar Washington v. Michigan | Michigan | 2022-07-14 | Denied | IFP | acquittal court-forms criminal-procedure double-jeopardy due-process habeas-corpus indigent-petitioner jury-trial state-prosecution statutory-provisions | Question not identified. |
| 22-5084 | Luciano Felipe-Pascual v. United States | Fifth Circuit | 2022-07-13 | Denied | Response WaivedIFP | Almendarez-Torres case-precedent criminal-procedure due-process fifth-circuit judicial-review jury-trial legal-challenge recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5088 | Norman Blake McKenzie v. Florida | Florida | 2022-07-13 | Denied | IFP | aggravating-factors constitutional-rights death-penalty due-process fourteenth-amendment jury-trial reasonable-doubt sixth-amendment | Mr. McKenzie had a right to a jury finding for each fact that subjected him to the enhanced penalty of death. This proof was required to be "beyond a … |
| 22-5059 | Rodolfo Oliva-Santos v. United States | Fifth Circuit | 2022-07-11 | Denied | Response WaivedIFP | Almendarez-Torres case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing statutory-interpretation Supreme-Court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5053 | Jesus Perez-Solis v. United States | Fifth Circuit | 2022-07-08 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-5033 | Curtis Chewning v. Florida | Florida | 2022-07-05 | Denied | Response WaivedIFP | charging-information court-fraud due-process fraud jury jury-trial reasonable-doubt sentencing unlawful-seizure | Question (1) WHETHER DUE PROCESS OF LAW IS VIOLATED WHERE A SENTENCE IS INCREASED BASED UPON FACTS NOT INHERENT IN THE CHARGING INFORMATION OR PROVE… |
| 22-5004 | Eduardo Pena-Garcia v. United States | Fifth Circuit | 2022-06-30 | Denied | Response WaivedIFP | almendarez-torres case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8271 | Raul Garcia-Salazar v. United States | Fifth Circuit | 2022-06-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8276 | Isidoro Reyes-Lopez v. United States | Fifth Circuit | 2022-06-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8281 | Jose Carreon-Gonzalez v. United States | Fifth Circuit | 2022-06-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8286 | Thomas Richie McBride v. Texas | Texas | 2022-06-29 | Denied | IFP | constitutional-rights double-jeopardy due-process judicial-proceedings jury-trial repeat-offender sentencing sixth-amendment | [ Illegal/Void 1984 Sentence And Judgment ] The questions presented here for the Court ,respectfully ,are possi bly of first impression upon judicial… |
| 21-8231 | Fidel Torres-Villanueva v. United States | Fifth Circuit | 2022-06-24 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8214 | Miguel Andres-Tomas v. United States | Fifth Circuit | 2022-06-23 | Denied | Response WaivedIFP | Apprendi-v-New-Jersey constitutional-provisions criminal-law criminal-procedure due-process fifth-circuit jury-trial precedent-review recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8225 | Luis Adrian Carchi-Fernandez v. United States | Fifth Circuit | 2022-06-23 | Denied | Response WaivedIFP | case-review court-of-appeals criminal-procedure due-process judicial-procedure jury-trial legal-precedent sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-1586 | Cheryl Romano, et vir v. Jazz Casino Company, L.L.C., et al. | Fifth Circuit | 2022-06-23 | Denied | constitutional-rights due-process evidence evidence-review findings-of-fact inferences judicial-procedure jury-trial seventh-amendment summary-judgment | I. Did the Fifth Circuit, in accepting the District Court's findings of fact, probable cause of the fall and legal authority, violate the basic princi… | |
| 21-1553 | Ramin Khorrami v. Arizona | Arizona | 2022-06-10 | Denied | Amici (3)Relisted (5) | 14th-amendment 6th-amendment constitutional-rights due-process felony fourteenth-amendment impartial-jury jury-trial original-public-meaning precedent sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony. |
| 21-8100 | Luis Antonio Molina-Rivas v. United States | Fifth Circuit | 2022-06-09 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-law constitutional-provisions criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8101 | Marco Antonio Marin-Maldonado v. United States | Fifth Circuit | 2022-06-09 | Denied | Response WaivedIFP | Almendarez-Torres certiorari constitutional-provisions criminal-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8108 | Daniel Gallegos-Quirino v. United States | Fifth Circuit | 2022-06-09 | Denied | Response WaivedIFP | Almendarez-Torres case-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8071 | Brala Beverly v. Riverside County Public Administrator, et al. | California | 2022-06-07 | Rehearing | Response WaivedRelisted (2)IFP | 7th-amendment civil-procedure civil-rights constitutional-rights due-process fourteenth-amendment jury-trial probate-court property-seizure seventh-amendment standing | Did the California Riverside County Superior Court and Fourth Appellate District Division Two in California violate the seventh amendment of the U.S. … |
| 21-8072 | Erik Daniel Salgado-Castellano v. United States | Fifth Circuit | 2022-06-07 | Denied | Response WaivedIFP | Almendarez-Torres appellate-procedure case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8059 | Jesus Morales-Agustin v. United States | Fifth Circuit | 2022-06-06 | Denied | Response WaivedIFP | almendarez-torres Almendarez-Torres-v-United-States Apprendi-v-New-Jersey constitutional-interpretation criminal-law criminal-procedure due-process fifth-circuit jury-trial sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8052 | Rene Sanchez-Quintero v. United States | Fifth Circuit | 2022-06-03 | Denied | Response WaivedIFP | case-review constitutional-law court-of-appeals criminal-procedure due-process judicial-procedure jury-trial legal-precedent recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8053 | Ron Delano Kuntz v. United States | Third Circuit | 2022-06-03 | Denied | Response WaivedIFP | concurrent-representation conflict-of-interest crime-of-violence critical-stages cuyler-v-sullivan district-court jury-trial sentence-enhancement sixth-amendment | 1. Whether a conflict arises, thereby compelling federal courts to follow Cuyler v. Sullivan, 446 U.S. 335 (1980), when trial counsel's concurrent rep… |
| 21-8042 | Etheria Verdell Jackson v. Florida | Florida | 2022-06-02 | Denied | IFP | aggravating-factors constitutional-rights death-penalty hurst-v-florida jury-recommendation jury-trial sixth-amendment sixth-amendment-right | I. Whether a jury's advisory recommendation of death which does not identify the specific aggravators found, nor whether the aggravators were found un… |
| 21-8000 | Elijah Johnson v. California | California | 2022-05-31 | Denied | Response WaivedIFP | appellate-review constitutional-interpretation criminal-procedure general-verdict inconsistent-verdicts jury-trial reasonable-doubt sixth-amendment | How does this Court's "inconsistent verdicts" jurisprudence reconcile with the Sixth Amendment jury trial guarantee: May a reviewing court uphold a ge… |
| 21-7960 | Jesus Antonio Montoya-Balderrama v. United States | Fifth Circuit | 2022-05-24 | Denied | Response WaivedIFP | almendarez-torres-precedent certiorari constitutional-law criminal-law criminal-procedure due-process fifth-circuit judicial-review jury-trial sentencing stare-decisis supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7916 | James Fetzer v. Leonard Pozner | Wisconsin | 2022-05-19 | Denied | Amici (1)Relisted (3)IFP | 14th-amendment 7th-amendment civil-rights due-process equal-protection equal-rights jury-trial summary-judgment wisconsin | 1. May rules of summary judgment vary throughout the states allowing the Wisconsin Judiciary to conduct and affirm a non-jury trial under the pretense… |
| 21-1456 | Christy Poon-Atkins v. Sammy M. Sappington, et al. | Fifth Circuit | 2022-05-17 | Denied | Response WaivedRelisted (2) | 7th-amendment civil-procedure civil-rights constitutional-review due-process evidence evidence-omission jury-trial procedural-rules standing | 1. Should the Defendants' documented admissions to speeding, as direct evidence, have not been reviewed by a jury, per Constitution Amendment VII, and… |
| 21-7807 | In Re Rafael Cezar Danam | 2022-05-09 | Denied | Relisted (2)IFP | civil-rights constitutional-violations due-process equal-protection first-amendment jury-trial mandamus-writ redress-of-grievances supremacy-clause | 1.) Application pursuant to Supreme Court Rule 22, United States Constitution Article III, Sections 1 and 2, Applicant as Petitioner seeks interventio… | |
| 21-7782 | William Larry Foley v. Texas | Texas | 2022-05-05 | Denied | IFP | appellate-review criminal-procedure due-process jury-trial jury-verdict standard-of-review sufficiency-of-evidence | IS THE EVIDENCE SUFFICIENT TO SUSTAIN THE JURY'S GUILTY VERDICT? |
| 21-7786 | Ignacio Trevizo-Cortez v. United States | Fifth Circuit | 2022-05-05 | Denied | Response WaivedIFP | Almendarez-Torres case-jurisdiction constitutional-provisions criminal-procedure due-process fifth-circuit jury-trial legal-precedent recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7648 | Luis Fernando Ceja, aka Chako v. United States | Ninth Circuit | 2022-04-19 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure due-process federal-rules-of-criminal-procedure foreign-citizen foreign-defendant jury-trial jury-trial-waiver oral-colloquy rule-23 waiver | Whether courts may decline to enforce the plain language of Federal Rule of Criminal Procedure 23(a) requiring that a waiver of jury trial be in writi… |
| 21-7621 | Jose Miguel Perez-Vides v. United States | Fifth Circuit | 2022-04-14 | Denied | Response WaivedIFP | Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-procedure jury-trial legal-precedent recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7612 | Jose Luis Aldaba-Roman v. United States | Fifth Circuit | 2022-04-13 | Denied | Response WaivedIFP | Almendarez-Torres criminal-law criminal-procedure due-process fifth-circuit jury-trial sentencing Supreme-Court writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7560 | Martin Andres-Tomas v. United States | Fifth Circuit | 2022-04-06 | Denied | Response WaivedIFP | Almendarez-Torres certiorari constitutional-interpretation court-of-appeals criminal-procedure due-process federal-statute judicial-precedent jury-trial recidivism sentencing supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7537 | Leonardo Gutierrez v. Texas | Texas | 2022-04-05 | Denied | IFP | constitutional-challenge constitutional-law criminal-procedure due-process extraneous-evidence facial-challenge judicial-jurisdiction jury-trial penal-code ramos-v-louisiana | ISSUE ONE: Texas Penal Code §21.02 is Whether, in light of Ramos v. Louisiana unconstitutional on its face? ISSUE TWO: Whether a trial court has jur… |
| 21-7548 | Sergey Genadievich Novitskiy v. Colorado | Colorado | 2022-04-05 | Denied | IFP | bench-trial burden-of-proof constitutional-rights criminal-procedure due-process jury-trial standard-of-proof waiver | 1. Whether Petitioner's choice to proceed to a bench trial, instead of a jury trial, in a criminal case, lowers/lessens the prosecution burden of proo… |
| 21-1317 | Rafi Wali McCall v. United States | Fifth Circuit | 2022-04-04 | Denied | Response WaivedRelisted (2) | acquittal constitutional-prohibition criminal-procedure double-jeopardy due-process judicial-finding jury-trial supervised-release | Does the United States Constitution prohibit a judge from revoking supervised release pursuant to 18 U.S.C. § 3583 based on a judicial finding that th… |
| 21-7473 | Antwoyn Terrell Spencer v. United States | Eighth Circuit | 2022-03-25 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure drug-conspiracy due-process first-step-act habeas-corpus jury-trial sentencing-guidelines sixth-amendment | Whether Petitioner is being deprived of his Civil Right to Due Process against law without due process of law in Violation of the Constitution and Law… |
| 21-1282 | Christopher Ryan Martin v. Nevada | Nevada | 2022-03-23 | Denied | Response Waived | 6th-amendment apprendi-doctrine civil-rights criminal-sentencing due-process jury-trial prior-convictions sentence-enhancement sentencing-factors sixth-amendment | I. Whether this Court should overrule Almendarez-Torres in light of Apprendi and its progeny. II. Whether Nevada's use of prior convictions for enhan… |
| 21-7448 | Edgar Garza-Limones v. United States | Fifth Circuit | 2022-03-23 | Denied | Response WaivedIFP | criminal-procedure indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 21-7404 | Jose Antonio Barahona-Paz v. United States | Fifth Circuit | 2022-03-17 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7352 | Pedro Intzin-Guzman v. United States | Fifth Circuit | 2022-03-11 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-1230 | Dakota Territory Tours, ACC v. Sedona-Oak Creek Airport Authority, Inc. | Arizona | 2022-03-10 | Denied | civil-actions civil-rights constitutional-law due-process incorporation jury-trial seventh-amendment state-courts | Does the Seventh Amendment apply to state governments and protect the right to a jury trial in civil forcible-entry-and-detainer actions in state cour… | |
| 21-7293 | Jose Rodriguez-Vasquez v. United States | Fifth Circuit | 2022-03-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7295 | Miguel Lerma-Reyes v. United States | Fifth Circuit | 2022-03-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-1205 | Eric E. v. Los Angeles County Department of Children and Family Services | California | 2022-03-03 | Denied | child-custody civil-rights constitutional-rights due-process family-law jury-trial mootness-doctrine parental-rights standing state-action | 1. Whether, under the incorporation doctrine, the Seventh Amendment right to a jury trial should apply to the States for parents in quasi-prosecutoria… | |
| 21-7252 | Terrance Stinson, aka T-Rock v. United States | Second Circuit | 2022-03-02 | Denied | Response WaivedIFP | acquitted-conduct constitutional-rights due-process fifth-amendment jury-guarantee jury-trial sentencing sixth-amendment | Whether sentencing based on acquitted conduct violates the Sixth Amendment jury guarantee and the Fifth Amendment Due Process Clause. |
| 21-7256 | Clemente Rosales-Sanchez v. United States | Fifth Circuit | 2022-03-02 | Denied | Response WaivedIFP | almendarez-torres Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7258 | Fernando Contreras-Rojas v. United States | Fifth Circuit | 2022-03-02 | Denied | Response WaivedIFP | Almendarez-Torres certiorari constitutional-provisions criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing Supreme-Court supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7223 | Angel DeLara v. California | California | 2022-02-28 | Denied | IFP | criminal-procedure double-jeopardy due-process fourteenth-amendment judicial-discretion jury-determination jury-trial penal-code sentencing sentencing-enhancement sixth-amendment | Whether California's Determinate Sentencing Law, by permitting sentencing Judges to impose enhanced sentences based on their determination of facts no… |
| 21-7227 | Daniel Isaiah Thody v. United States | Sixth Circuit | 2022-02-28 | Denied | Response WaivedIFP | civil-rights constitutional-challenge due-process jury-trial sentencing sentencing-procedure sixth-amendment statutory-interpretation supervised-release | As a case of first impression, whether the current implementation of Supervised Release, (18 U.S.C. §3583), as a "separate sentence " in addition to t… |
| 21-7191 | Rosa Leija-Peralta v. United States | Fifth Circuit | 2022-02-24 | Denied | Response WaivedIFP | criminal-procedure indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 21-7196 | Luis Alonso Ramirez v. United States | Fifth Circuit | 2022-02-24 | Denied | Response WaivedIFP | almendarez-torres certiorari criminal-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing Sixth-Amendment supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7168 | Ilya Liviz v. Supreme Judicial Court of Massachusetts | Massachusetts | 2022-02-22 | Dismissed | Response WaivedRelisted (2)IFP | care-and-protection civil-rights constitutional-rights due-process family-law judicial-procedure jury-trial parental-rights standing | I. Whether right to parent of biological parents ' can be terminated by a single judge and statutorily transferred to foster parents when a parent rai… |
| 21-7149 | Pedro Romero-Sandoval v. United States | Fifth Circuit | 2022-02-17 | Denied | Response WaivedIFP | Almendarez-Torres case-law constitutional-provisions criminal-procedure due-process fifth-circuit jury-trial legal-precedent sentencing Supreme-Court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-1126 | Taylor Arnett, et al. v. Kansas | Kansas | 2022-02-15 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | apprendi-v-new-jersey criminal-punishment criminal-restitution due-process jury-determination jury-trial reasonable-doubt sentencing-facts sixth-amendment | In a series of decisions beginning with Apprendi v. New Jersey, 530 U.S. 466 (2000), the Court has held that the Sixth Amendment (incorporated against… |
| 21-7128 | Cornelius Riley v. United States | Third Circuit | 2022-02-15 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment constitutional-rights criminal-procedure criminal-sentencing drug-offense due-process fifth-amendment jury-trial sentencing-guidelines sixth-amendment | Should this Honorable Court extend the reasoning of Apprendi, Alleyne, and Peugh to cases where a defendant's sentencing guideline range increases sig… |
| 21-7094 | Gustavo Guillermo Gutierrez v. United States | Fifth Circuit | 2022-02-10 | Denied | Response WaivedIFP | Apprendi-v-New-Jersey constitutional-provisions criminal-law criminal-procedure due-process fifth-circuit jury-trial precedent-review recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7081 | Marko Stasiv v. United States | Second Circuit | 2022-02-09 | Denied | Response WaivedIFP | appellate-review criminal-procedure due-process evidentiary-hearing judicial-discretion jury-coercion jury-trial motion-for-new-trial | Was the Defendant, Marko Stasiv, entitled to have a hearing on the question of jury coercion in connection with his Motion for a New Trial when the tr… |
| 21-7060 | Christopher N. Bilynsky v. Maine | Maine | 2022-02-04 | Denied | Response WaivedIFP | boykin-v-alabama constitutional-rights due-process jury-trial self-incrimination sentencing-exposure stipulation waiver | (a) Do the Due Process Clauses and Boykin v. Alabama, 395 U.S. 238 (1969) mandate that, before a trial court accepts stipulations as to elements of of… |
| 21-1053 | Randall Hepp, Warden v. Danny L. Wilber | Seventh Circuit | 2022-01-28 | Denied | aedpa-review criminal-procedure deck-v-missouri due-process federal-habeas habeas-corpus judicial-restraint jury-trial shackling state-conviction state-court-deference | During Danny Wilber's jury trial in 2005 for fatally shooting a man at a party, Wilber became increasingly belligerent with the Milwaukee County Circu… | |
| 21-6944 | Juan Coreno-Garay v. United States | Fifth Circuit | 2022-01-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6920 | Perry Cousins, aka Pzo v. United States | Fourth Circuit | 2022-01-20 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment civil-rights due-process jury-trial sentencing | Question not identified. |
| 21-6905 | Ramon Diaz-Quintana v. United States | Fifth Circuit | 2022-01-19 | Denied | Response WaivedIFP | case-law constitutional-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6882 | Alexi Lenin Argueta-Urbina v. United States | Fifth Circuit | 2022-01-18 | Denied | Response WaivedIFP | Almendarez-Torres case-review court-of-appeals criminal-procedure due-process judicial-procedure jury-trial legal-precedent recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6887 | Sergio Rodriguez-Garcia v. United States | Fifth Circuit | 2022-01-18 | Denied | Response WaivedIFP | Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing Supreme-Court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6866 | Richard R. Lawless v. Kat Mulder, et al. | District of Columbia | 2022-01-14 | Denied | Response WaivedIFP | anti-slapp anti-slapp-statute civil-procedure civil-rights court-discovery discovery due-process jury-trial prejudice-dismissal seventh-amendment state-appellate-court | Plaintiff was denied access to a jury trial and court discovery violating his seventh amendment rights through the courts inappropriate application of… |
| 21-6805 | Louis Roy Chapman v. Phyllis Smith, et al. | Fourth Circuit | 2022-01-10 | Denied | IFP | civil-procedure civil-rights district-court due-process judicial-bias judicial-recusal jury-trial procedural-error recusal standing summary-judgment | WHETHER THE HONORABLE JOHN A GIBNEY, JR., UNITED STATES DISTRICT COURT JUDGE, IN THIS CIVIL RIGHTS ACTION, ERRORED WHEN HE DID NOT RECUSE HIMSELF, P… |
| 21-971 | Nahed Abdulnabi v. Fatma Adel Sekik | Tennessee | 2022-01-06 | Denied | civil-procedure consolidation divorce divorce-action due-process jury-trial marital-assets procedural-rights tort tort-consolidation valuation | 1. Whether the trial court's orders as affirmed by the Tennessee Court of Appeals consolidating a tort case (claims of the divorce plaintiff against t… | |
| 21-6746 | Adan Ramirez-Rubio v. United States | Fifth Circuit | 2021-12-29 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction sentencing | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 21-6669 | Robert Walter Scully v. California | California | 2021-12-21 | Denied | IFP | aggravating-circumstances beyond-reasonable-doubt constitutional-rights death-penalty due-process jury-determination jury-trial mitigating-circumstances statutory-maximum | Does the mandatory weighing of aggravating and mitigating circumstances under the California death penalty statute—a factfinding determination that se… |
| 21-917 | Abel Diaz v. Warden, Federal Correctional Institution, Bennettsville | Fourth Circuit | 2021-12-21 | Denied | Response Waived | drug-offense drug-offenses habeas-corpus jurisdiction jury-trial savings-clause sentencing statutory-interpretation statutory-maximum | WHETHER THE DISTRICT COURT HAD JURISDICTION UNDER THE SAVINGS CLAUSE OF 28 U.S.C. § 2255(e) TO ADJUDICATE THE MERITS OF PETITIONER DIAZ'S § 2241 PETIT… |
| 21-882 | Esteban Gaspar-Felipe v. United States | Fifth Circuit | 2021-12-15 | Denied | Amici (4)Response Waived | 5th-amendment 6th-amendment acquitted-conduct criminal-sentencing due-process fifth-amendment jury-trial sixth-amendment | 1. Whether the Fifth Amendment's Due Process Clause prohibits a federal court from basing a criminal defendant's sentence on a charge of which a jury … |
| 21-6631 | Jorge Ivan Vazquez-Medrano v. United States | Fifth Circuit | 2021-12-15 | Denied | Response WaivedIFP | criminal-procedure indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 21-6570 | Bo Jack Kelley v. United States | Fifth Circuit | 2021-12-13 | Denied | Response WaivedIFP | constitutional-law constitutional-rights criminal-procedure due-process federal-sentencing judicial-fact-finding jury-trial reasonable-doubt sentencing | Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt? |
| 21-6572 | Jose Luis Ramos-Ramos v. United States | Fifth Circuit | 2021-12-13 | Denied | Response WaivedIFP | case-law constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing statutory-interpretation supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6573 | Michael Roy Sharpe v. United States | Eleventh Circuit | 2021-12-13 | Denied | Response WaivedIFP | constitutional-guarantees criminal-law due-process judicial-factfinding jury-trial maximum-sentence sentencing sentencing-procedure supervised-release trial-by-jury | When Congress created the novel system of supervised release for federal criminal defendants, it authorized district judges to act as factfinders and … |
| 21-6582 | Genaro Alberto Nunez-Ugarte v. United States | Fifth Circuit | 2021-12-13 | Denied | Response WaivedIFP | Almendarez-Torres case-precedent criminal-procedure due-process fifth-circuit judicial-review jury-trial legal-challenge sentencing Supreme-Court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6568 | Manuel Nunez-Gonzalez v. United States | Fifth Circuit | 2021-12-09 | Denied | Response WaivedIFP | criminal-procedure due-process jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction — that increase a defendant's statutory maximum must be pleaded in the indictment and … |
| 21-852 | Christopher D. Lischewski v. United States | Ninth Circuit | 2021-12-08 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | antitrust constitutional-principle criminal-antitrust criminal-procedure due-process jury-trial per-se-rule reasonable-doubt separation-of-powers sherman-act | The Sherman Act, 15 U.S.C. § 1, prohibits any contract or combination "in restraint of trade or commerce." This Court has long held that Congress inte… |
| 21-6512 | Jason Kiger v. Tim Hooper, Warden | Louisiana | 2021-12-06 | Denied | Response WaivedIFP | capital-offense constitutional-interpretation constitutional-law criminal-procedure criminal-statute due-process jury-trial legislative-amendment legislative-power sixth-amendment statutory-interpretation unanimous-verdict | Louisiana voted to change its Constitution to require unanimous verdicts in non-capital cases where they were not required before. In 1997 and 1998, w… |
| 21-6530 | Tyreese Thompson v. United States | Eighth Circuit | 2021-12-06 | Denied | Response WaivedIFP | Almendarez-Torres constitutional-interpretation criminal-procedure criminal-sentencing due-process jury-determination jury-trial precedent-review reasonable-doubt sentencing statutory-maximum | Do any facts that increases the penalty for a crime beyond the prescribed statutory maximum need to be submitted to a jury, and proved beyond a reason… |
| 21-6489 | Edward F. Swanson v. Texas | Texas | 2021-12-02 | Denied | IFP | constitutional-challenge criminal-procedure double-jeopardy due-process indictment judicial-discretion jury-trial preponderance-standard sentencing statutory-scheme | Question not identified. |
| 21-6419 | Roberto Aguilar-Hernandez v. United States | Fifth Circuit | 2021-11-24 | Denied | Response WaivedIFP | criminal-procedure due-process jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6366 | Juan Alberto Ceron-Ortiz v. United States | Fifth Circuit | 2021-11-22 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process jury-trial recidivism sentencing | The Court Should Grant Certiorari to Consider Whether to Overrule Almendarez-Torres v. United States, 523 U.S. 224 (1998). |
| 21-6321 | Fernando Rodriguez-Macedo v. United States | Fifth Circuit | 2021-11-18 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-convictions sentencing | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 21-6286 | Patrick Lawrence Henderson v. United States | Ninth Circuit | 2021-11-17 | Denied | Response WaivedIFP | apprendi-rule criminal-procedure due-process jury-determination jury-trial reasonable-doubt revocation-sentence sentencing sentencing-guidelines statutory-maximum | Whether Henderson's revocation sentence violates Apprendi and its progeny because he has been forced to serve a sentence beyond the statutory maximum … |
| 21-6308 | Iona Sanders v. Christwood | Fifth Circuit | 2021-11-17 | Denied | Response WaivedRelisted (2)IFP | amendment-seven civil-rights covid-19 due-process jury-trial medical-records-privacy pandemic-jury-trial race-discrimination recusal-motion standing summary-judgment | 1. Whether a pandemic overrides Amendment VII, which states, "the right of trial by jury shall be preserved, " when the district court judge stated, "… |
| 21-6322 | Gustavo Trejo-Ramos v. United States | Fifth Circuit | 2021-11-17 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-convictions sentencing | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 21-6289 | Norris Deshon Andrews v. United States | Eighth Circuit | 2021-11-16 | Denied | IFP | armed-career-criminal-act judicial-fact-finding jury-trial jury-trial-rights predicate-crimes predicate-crimes-of-violence sentencing sixth-amendment | Whether the sentencing court violated Petitioner's Sixth Amendment jury trial rights by engaging in judicial fact-finding that two alleged assault con… |
| 21-6297 | Henry Cervantes and Jaime Cervantes v. United States | Ninth Circuit | 2021-11-16 | Denied | Response WaivedIFP | criminal-procedure criminal-sentencing federal-statute jury-trial obstruction-of-justice official-proceeding sentencing sixth-amendment statutory-interpretation | As to both petitioners, 1. Whether the federal obstruction of justice statute, 18 U.S.C. §1512(c)(2) (obstruction of an official proceeding), can be … |
| 21-6233 | Joe Lenard Rodriguez v. United States | Eighth Circuit | 2021-11-12 | Denied | Response WaivedIFP | conspiracy conspiracy-to-distribute criminal-law criminal-procedure drug-trafficking due-process evidence evidence-sufficiency jury-trial methamphetamine | 1. Did the courts below err when they determined that there was sufficient evidence to convict the Petitioner of Conspiracy to Distribute Methampheta… |
| 21-6253 | Baltazar Aguirre-Rivera v. United States | Fifth Circuit | 2021-11-12 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment jury-trial mandatory-minimum sentencing sixth-amendment special-interrogatory | When a jury's answer to a special interrogatory negates an element of the charged offense, must a district court enter a judgment of acquittal when th… |
| 21-6255 | Ofelio Arvizu-Loredo v. United States | Fifth Circuit | 2021-11-12 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction sentencing | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 21-6256 | Macario Andrew Gomez, Jr. v. United States | Fifth Circuit | 2021-11-12 | Denied | Response WaivedIFP | constitutional-law constitutional-rights criminal-procedure due-process federal-sentencing jury-determination jury-trial reasonable-doubt sentencing sentencing-guidelines | Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt? |
| 21-6201 | Reginald Kindle v. Florida | Florida | 2021-11-09 | Denied | Response WaivedIFP | criminal-procedure jury-trial preponderance-of-evidence recidivism sentencing sentencing-enhancement sixth-amendment statutory-maximum | Whether a sentencing court violates a defendant's Sixth Amendment right to a jury trial when it finds by a preponderance of the evidence that he commi… |
| 21-684 | Beverly Zylstra, et vir v. DRV, LLC | Seventh Circuit | 2021-11-09 | Denied | Response Waived | breach-of-warranty circuit-split consumer-protection cure-opportunity federal-law judicial-uniformity jury-trial magnuson-moss-warranty-act repair-attempts warranty-claims | The Magnuson-Moss Warranty Act creates a private right of action for any "consumer who is damaged by the failure of a supplier, warrantor, or service … |
| 21-662 | Michael Bright-Asante v. Saks & Company, Inc., et al. | Second Circuit | 2021-11-04 | Denied | civil-rights due-process human-rights-law jury-trial section-1981 seventh-amendment standard-of-review summary-judgment | 1. Did the Second Circuit Court of Appeals in its de novo review, and the United States District Court for the Southern District of New York, apply th… | |
| 21-6145 | Omar Sanchez-Barrera v. United States | Fifth Circuit | 2021-11-02 | Denied | Response WaivedIFP | case-review certiorari constitutional-law criminal-law due-process fifth-circuit judicial-precedent jury-trial precedent sentencing supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6146 | Keenan Rollerson v. United States | Seventh Circuit | 2021-11-02 | Denied | Response WaivedIFP | criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment jury-trial sentencing sixth-amendment | Whether a sentencing judge increasing a criminal defendant's punishment for acts charged but acquitted by the jury violates the jury trial guarantee o… |
| 21-6155 | Jose Burciaga-Alcantar v. United States | Fifth Circuit | 2021-11-02 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6124 | Saul Contreras-Roman v. United States | Fifth Circuit | 2021-10-29 | Denied | Response WaivedIFP | case-law constitutional-law criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6131 | Jose Alfredo Gonzalez-Mares v. United States | Fifth Circuit | 2021-10-29 | Denied | Response WaivedIFP | Almendarez-Torres case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-604 | Stephen Kantos v. Leonard Major, et al. | Michigan | 2021-10-26 | Denied | Response Waived | civil-rights constitutional-right court-of-appeals dismissal-with-prejudice due-process jury-trial legal-sanction sanctions standing vicencio-v-ramirez | 1. Did the court of appeals manifestly err in affirming the trial court's erroneous order that denied plaintiff his constitutional right to a jury tri… |
| 21-6059 | Terry Jonathan Phillips v. Florida | Florida | 2021-10-22 | Denied | Response WaivedIFP | constitutional-right criminal-defendant criminal-procedure due-process felony felony-offense fourteenth-amendment jury-trial sixth-amendment trial-procedure | 1. Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense. |
| 21-579 | Kenneth Eugene Smith v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. | Eleventh Circuit | 2021-10-20 | Denied | accomplice-liability burden-of-proof capital-sentencing constitutional-rights due-process eighth-amendment fourteenth-amendment jury-instructions jury-trial sixth-amendment specific-intent | 1. Under Waddington v. Sar ausad, 555 U.S. 179 (2009), when a conviction requires that the State prove beyond a reasonable doubt that the defendant ha… | |
| 21-555 | Benjamin A. Appleby v. Kansas | Kansas | 2021-10-15 | Denied | Response Waived | alleyne due-process fourteenth-amendment judicial-discretion jury-trial legislative-directive liberty-interest procedural-due-process resentencing sentencing-enhancement sixth-amendment | 1. Whether the Fourteenth Amendment's guarantee of procedural due process is violated when a State supreme court refuses to enforce its legislature's … |
| 21-5948 | In Re Henryk S. Borecki | 2021-10-13 | Denied | IFP | citizen-privilege civil-rights constitutional-rights domestic-travel due-process freedom-of-movement habeas-corpus jury-trial standard-of-review supreme-court supreme-court-review | Notwithstanding any other provision of law, whether the final and the conclusive determination of the right of a United States citizen to his unfetter… | |
| 21-5929 | Jean Lynn Lillie v. Iowa | Iowa | 2021-10-08 | Denied | Response WaivedIFP | civil-procedure civil-rights constitutional-rights criminal-procedure due-process free-speech jury-trial repeat-offender sentencing-guidelines sixth-amendment standing takings | Question not identified. |
| 21-5936 | Allen Fong v. United States | Ninth Circuit | 2021-10-08 | Denied | Response WaivedIFP | 6th-amendment criminal-forfeiture in-personam-forfeiture jury-trial reasonable-doubt statutory-authority | 1. Whether the Sixth Amendment guarantees the right to a jury finding beyond a reasonable doubt any fact necessary to the imposition of a mandatory cr… |
| 21-5847 | Arthur Lee Lewis v. California | California | 2021-10-01 | Denied | IFP | due-process jury-trial presumption-of-innocence proof-beyond-reasonable-doubt reasonable-doubt sixth-amendment statutory-sentencing statutory-sentencing-range | Review is requested to determine whether a sentence within the prescribed statutory range but inconsistent with the jury's verdict complies with the S… |
| 21-438 | Olaf Sööt Design, LLC v. Daktronics, Inc., et al. | Federal Circuit | 2021-09-22 | Denied | CVSGAmici (1)Response RequestedResponse WaivedRelisted (3) | appellate-review claim-construction infringement jury-trial jury-verdict patent patent-law seventh-amendment sua-sponte | Whether the Seventh Amendment allows the Federal Circuit to reverse a jury verdict based on a sua sponte new claim construction of a term the district… |
| 21-5738 | Daniel Jose Gomez v. Robert Dooley, Warden, et al. | Eighth Circuit | 2021-09-21 | Denied | IFP | appellate-review civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection federal-jurisdiction habeas-corpus jury-trial statutory-interpretation | Question not identified. |
| 21-424 | KD, et ux., as Parents, Natural Guardians, and Next Friends of Minor LD v. Douglas County School District No. 001, aka Omaha Public Schools, et al. | Eighth Circuit | 2021-09-20 | Denied | Response Waived | civil-damages civil-procedure civil-rights damages default-judgment due-process jury-trial victim-rights willful-blindness | 1. May a convicted rapist sued by the victim deprive the victim of trial by jury to determine damages by defaulting and declining to respond to the Co… |
| 21-5693 | Eleno Guillen-Morales v. United States | Fifth Circuit | 2021-09-16 | Denied | Response WaivedIFP | Almendarez-Torres case-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing Sixth-Amendment supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-403 | Bruce H. Zitka, et ux. v. Michigan | Michigan | 2021-09-14 | Denied | Response Waived | civil-rights court-order criminal-procedure due-process entrapment-by-estoppel government-liability governmental-officials jury-trial legal-defense res-judicata | Were the Zitkas denied the right to present evidence to show the jury a prior court order authorized their conduct and to show they acted as they did … |
| 21-5672 | Wayne C. Doty v. Florida | Florida | 2021-09-14 | Denied | IFP | aggravating-factors alleyne-v-united-states apprendi-v-new-jersey capital-sentencing due-process jury-trial mitigating-circumstances reasonable-doubt ring-v-arizona | Under the Due Process Clause and pursuant to the right to a trial by jury, the determination of the existence of an element of a crime must be made be… |
| 21-5574 | Walter Manuel Marques-Mejia v. United States | Fifth Circuit | 2021-09-03 | Denied | Response WaivedIFP | Almendarez-Torres burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 21-329 | Rosemary Garity v. Louis DeJoy, Postmaster General | Ninth Circuit | 2021-09-01 | Denied | Response Waived | circuit-court civil-procedure civil-rights discrimination due-process fourteenth-amendment jury-trial make-whole-remedy pro-se sanctions standing summary-judgment | The questions presented show conflict with Precedent of this Court and all Circuit Courts. The significant practical consequence is promotion of discr… |
| 21-5486 | Scott Sanford v. Virginia | Virginia | 2021-08-25 | Denied | Response WaivedIFP | 6th-amendment constitutional-rights due-process fundamental-rights intelligent-waiver jury-trial knowing-waiver sixth-amendment voluntary-waiver waiver | I. What are the minimum requirements and procedures for establishing that a defendant's fundamental right to a jury trial is waived in an intelligent,… |
| 21-228 | Michael Murphy v. Richard Sarta, et al. | Tennessee | 2021-08-17 | Denied | access-to-justice civil-rights constitutional-rights constitutional-vagueness due-process jurisdiction jurisdictional-challenge jury-trial state-court-procedure | WHETHER THE TENNESSEE STATE TRIAL AND APPELLATE COURTS ARE USING A CONSTITUTIONALLY VAGUE PROCEDURE_,TENN.R.CIV.P. 59.04, TO DENY CITIZENS SIMILARLY S… | |
| 21-232 | Veena Sharma v. Domenic S. Terranova, et al. | First Circuit | 2021-08-17 | Denied | Response WaivedRelisted (2) | civil-procedure dismissal-without-hearing due-process first-circuit hearing judicial-review jury-trial pro-se-petition procedural-due-process standing statute-of-limitations summons | Whether the District Court and U.S. Appeals Court for the First Circuit decision of dismissing Petitioner's claim without issuing summons to Responden… |
| 21-5349 | Chris Allen Miller v. Jason R. Ravnsborg, Attorney General of South Dakota, et al. | Eighth Circuit | 2021-08-13 | Denied | IFP | civil-rights criminal-procedure double-jeopardy due-process jury-trial prosecutorial-misconduct | Question not identified. |
| 21-5372 | Jessica Graulau v. Credit One Bank, N.A. | Eleventh Circuit | 2021-08-13 | Denied | IFP | arbitration arbitration-dispute civil-procedure civil-rights constitutional-violation due-process equal-protection jury-trial subject-matter-jurisdiction telephone-consumer-protection-act | Did Circuit Court of Appeal violated U.S. Const. Amend. XII enforced by Fed. R. 1. Civ. P. 38 & 39 after affirmed the District Court 's decision that … |
| 21-5373 | Bernard Hollomond v. Tracy Ray, Warden | Fourth Circuit | 2021-08-13 | Denied | IFP | confusion constitutional-rights due-process evidence-consideration jury-trial knowing-and-intelligent sentencing trial-procedure voluntariness waiver | Question not identified. |
| 21-5358 | Leonel Rodriguez-Caraveo v. United States | Fifth Circuit | 2021-08-12 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-convictions sentencing | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 21-5333 | Michael E. Harris v. Anthony Akidi | Ninth Circuit | 2021-08-10 | Denied | Relisted (2)IFP | abuse-of-discretion civil-procedure civil-rights court-of-appeals discretionary-dismissal jury-demand jury-trial personal-injury prima-facie | 1. Did the United States court of appeals error and abuse its discretion, in dismissing the petitioner's prima facie personal injury, civil rights com… |
| 21-5392 | Jose Raymundo Rodriguez-Yanez v. United States | Fifth Circuit | 2021-08-10 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-review court-of-appeals criminal-procedure due-process judicial-procedure jury-trial legal-precedent sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5327 | Mark Anthony Gonzalez v. Texas | Texas | 2021-08-09 | Denied | IFP | criminal-procedure juror-substitution jury-deliberation jury-trial sixth-amendment structural-error trial-procedure unanimous-verdict | Petitioner Mark Gonzalez's penalty-phase jury was charged with deciding two issues that together would dictate his sentence. The jury had reached a ve… |
| 21-179 | Nehemiah Rolle, Jr. v. Norman St. George | Second Circuit | 2021-08-06 | Denied | Response Waived | 42-usc-1983 civil-rights declaratory-judgment due-process equity equity-lawsuit federal-jurisdiction judicial-review jury-trial section-1983 | 1. Does a state court judicial officer like Respondent Norman St. George have the right to malicious criminally slander and libel and malicious defame… |
| 21-156 | American Contractors Supply, LLC v. HD Supply Construction Supply, Ltd. | Eleventh Circuit | 2021-08-04 | Denied | antitrust antitrust-law civil-procedure evidence-weighing federal-rules federal-rules-of-civil-procedure jury-trial material-fact summary-judgment | Does Federal Rule of Civil Procedure 56 permit the court to weigh competing evidence of a material fact from the moving party to grant summary judgmen… | |
| 21-5284 | Albert Lamont Hector v. United States | Ninth Circuit | 2021-08-03 | Denied | Response WaivedIFP | acquitted-conduct due-process federal-appeals-courts fifth-amendment jury-trial sentencing sixth-amendment state-high-courts | Whether sentences based on acquitted conduct violate the Fifth Amendment's Due Process Clause or Sixth Amendment's jury-trial guarantee, a question th… |
| 21-5232 | Duane Allen Short v. Ohio | Ohio | 2021-07-29 | Denied | IFP | caldwell-v-mississippi capital-punishment capital-sentencing constitutional-decency due-process eighth-amendment evolving-standards-of-decency jury-recommendation jury-trial sixth-amendment | Is Ohio's capital sentencing scheme, which permits telling the jury that their decision is only a mere recommendation, unconstitutional under Hurst v.… |
| 21-5248 | Davion L. Jefferson v. United States | Tenth Circuit | 2021-07-29 | Denied | IFP | 5th-amendment 6th-amendment crime-of-violence directed-verdict due-process jury-instructions jury-trial sixth-amendment statutory-interpretation | I. Did the district court violate the Fifth Amendment's Due Process Clause and the Sixth Amendment's Jury Trial Clause when it directed a verdict on 1… |
| 21-115 | Ivan Rosario v. United States | Second Circuit | 2021-07-28 | Denied | Response Waived | 6th-amendment criminal-sentencing due-process fifth-amendment judicial-factfinding jury jury-trial reasonable-doubt sentencing sixth-amendment | Whether the Fifth Amendment's Due Process Clause and the Sixth Amendment's right to trial by jury protect criminal defendants from being sentenced bas… |
| 21-5240 | Carlos Elias Cruz-Bermudez v. United States | Ninth Circuit | 2021-07-28 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-5241 | Jose Lazaro Venancio Mendoza-Batres v. United States | Fifth Circuit | 2021-07-28 | Denied | Response WaivedIFP | case-review criminal-procedure due-process fifth-circuit judicial-procedure jury-trial legal-precedent sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-110 | GMAG, LLC, et al. v. Ralph S. Janvey, as Receiver for the Stanford International Bank Limited, et al. | Fifth Circuit | 2021-07-27 | Denied | Response RequestedResponse WaivedRelisted (2) | civil-procedure court-of-appeals due-process factual-dispute jury-trial jury-verdict legal-ruling ponzi-scheme seventh-amendment transferee-liability | Whether the Seventh Amendment and due process permit a court of appeals to reverse a jury verdict based on the court's own independent examination of … |
| 21-5189 | Gary Hatter v. Gloria Williams, et al. | Seventh Circuit | 2021-07-23 | Denied | Response WaivedIFP | civil-procedure disability-discrimination due-process housing-authority hud jury-trial pro-se procedural-due-process seventh-amendment summary-judgment | 1. Did granting a Summary Judgment violate my Seventh Amendment rights to a trial by jury as this was my request and my constitutional right as a US C… |
| 21-5175 | Alfredo Jesus Chavez-Portillo v. United States | Fifth Circuit | 2021-07-22 | Denied | Response WaivedIFP | Almendarez-Torres case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5096 | Jaime Martinez-Rojas v. United States | Fifth Circuit | 2021-07-13 | Denied | Response WaivedIFP | Almendarez-Torres case-law criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-22 | Bo Peng v. F.M. Tarbell Co. | California | 2021-07-08 | Denied | Response WaivedRelisted (2) | civil-rights constitutional-rights due-process fraud-on-the-court judicial-bias judicial-corruption judicial-independence jury-trial legal-misconduct rule-of-law standing | The value of this case is over tens of millions of dollars. Defendant obtained huge amount of illegal proceeds through illegal business pattern: wage … |
| 21-5053 | Hernando Javier Vergara v. United States | Eleventh Circuit | 2021-07-08 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment amendment-challenge constitutional-scrutiny criminal-procedure criminal-sentencing due-process jury-trial retroactive-application retroactivity supervised-release | In a previous holding (United States v Raymond , 588 U.S., 139 S.Ct._, 204 L. Ed. 2d 897 LEXIS 4398 (2019), this Court ruled that 18 U.S.C. §3583(1*;)… |
| 21-5029 | Antonio Domingo-Morales v. United States | Fifth Circuit | 2021-07-07 | Denied | Response WaivedIFP | case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-8460 | Marcus Snipes v. Florida | Florida | 2021-06-30 | Denied | IFP | Apprendi-rule constitutional-interpretation criminal-procedure criminal-sentencing due-process jury-determination jury-trial sentencing statutory-interpretation statutory-maximum | WHETHER THE STATE CAN AVOID APPRENDI'S REACH BY WRITING ITS PENAL STATUTES SO THAT A FACT THAT INCREASES THE PENALTY FOR A CRIME INSTEAD BECOMES A FAC… |
| 20-8461 | In Re Richard Charles Lussy | 2021-06-30 | Denied | Relisted (2)IFP | civil-rights civil-torts due-process federal-questions jury-trial mandamus ministerial-mandamus oath-of-office public-charge standing | Order-#1-Ouestion : Of Hon. John Roberts Chief ("HJRC ") Justice: £1} ministerial mandamus act is "clear legal duty" with no discretion (mca§27-26- io… | |
| 20-1820 | Stephane J. Wantou Siantou v. CVS RX Services, Inc. | Fourth Circuit | 2021-06-30 | Denied | Response WaivedRelisted (2) | 7th-amendment amendment-rights bench-conference dismissal due-process judicial-procedure jury-trial motion-dismissal postponement | Can a District Court judge invite the parties counsel to a bench conference for the specific goal of preventing the plaintiff from listening to the di… |
| 20-8384 | Pedro Rodriguez-Calderon v. United States | Fifth Circuit | 2021-06-22 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction sentencing | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 20-8300 | Lonnie Norton v. Utah | Utah | 2021-06-15 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-statute due-process jury-trial sentencing statutory-interpretation vagueness-doctrine void-for-vagueness | (N) Do this Court's rulings in Apprend: v. New Jersey,530U.S. 466 (2000) and Alleyne v. United States 577 U.S.99 (2013) require that when a state stat… |
| 20-8308 | Wilhelmina Montgomery v. NBC Television, et al. | Second Circuit | 2021-06-15 | Denied | Relisted (2)IFP | civil-procedure copyright-infringement due-process fair-use jury-trial pro-se-litigation procedural-due-process service-of-process summary-dismissal summary-judgment visual-evidence | As I, the pro se Plaintiff-Appellant pointed out in my First Amended Complaint I. (Doc. 9) and in my Second Amended Complaint (Doc. 51) two (2) differ… |
| 20-8266 | Eric Lucas v. Florida Department of Corrections, et al. | Eleventh Circuit | 2021-06-09 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment confrontation-clause constitutional-rights due-process hearsay hearsay-evidence ineffective-assistance jury-trial prosecutorial-misconduct sixth-amendment | Whether Petitioner 's Constitutional Rights Under The 5th, 6th And 14th Amendments Were Violated When The State 's Motions To Allow Hearsay Evidence… |
| 20-8254 | Demario M. Peterson v. United States | Sixth Circuit | 2021-06-08 | Denied | Response WaivedIFP | acquitted-conduct due-process fifth-amendment jury-trial procedural-reasonableness sentencing sentencing-variance sixth-amendment substantive-reasonableness | Whether the Sixth Amendment, Fifth Amendment, and this Court's jurisprudence on the procedural and substantive reasonableness of sentences are implica… |
| 20-8211 | Christian M. Allmendinger v. United States | Fourth Circuit | 2021-06-03 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure due-process fifth-amendment judicial-fact-finding jury-trial reasonable-doubt sentencing-guidelines sixth-amendment witte-v-united-states | 1. Alleyne v. United States, 570 U.S. 99, 133 S. Ct. 2151 (2013), expressly overruled Harris v. United States, 536 U.S. 545 (2002), and at least impli… |
| 20-8214 | Warren D. Tisdale v. CASA Partners V, L.P. The Park at Winterset, et al. | Fourth Circuit | 2021-06-03 | Denied | IFP | civil-procedure civil-rights discovery discovery-rights due-process interrogatories jury-trial magistrate-referral settlement sixth-amendment | I. Whether Petitioner's Sixth Amendment right to a jury trial was violated when the U.S. District Court Judge referred the case to a Magistrate for se… |
| 20-8192 | Jorge Ramon Newball-May v. United States | Eleventh Circuit | 2021-06-02 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure jurisdiction jury-trial maritime-drug-law maritime-law pre-trial-hearing sixth-amendment statutory-interpretation | Whether the Maritime Drug Law Enforcement Act, 46 U.S.C. 70501 et. seq., is unconstitutional on its face and in violation of the Sixth Amendment right… |
| 20-8152 | Miguel Martinez-Figueroa v. United States | Fifth Circuit | 2021-05-27 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction sentencing | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-8119 | Peter Anthony Ciraulo v. Oregon | Oregon | 2021-05-25 | Denied | Response WaivedIFP | constitutional-law criminal-procedure harmless-error jury-trial nonunanimous-verdict sixth-amendment structural-error unanimous-verdict | Whether a trial court commits structural error for purposes of the Sixth Amendment to the United States Constitution, when the trial court instructs a… |
| 20-8126 | Charles Wesley Kincheloe v. Oregon | Oregon | 2021-05-25 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process jury-trial nonunanimous-verdict sixth-amendment structural-error unanimous-verdict | Does a trial court commit structural error for purposes of the Sixth Amendment to the United States Constitution, when the trial court instructs a jur… |
| 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… |
| 20-8013 | Jesus Manuel Anchondo-Quezada v. United States | Fifth Circuit | 2021-05-13 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-convictions sentencing | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 20-7981 | Stephen Nivens v. J. Phillip Morgan, Warden, et al. | Fourth Circuit | 2021-05-11 | Denied | Response WaivedIFP | charging-document constitutional-rights double-jeopardy duplicitous duplicitous-charging fifth-amendment jury jury-trial multiplicitous multiplicitous-charging | Whether the Petitioner has a right to be free from Double Jeopardy, after the jury was sworn in and with the jury ruling upon Count 5 and Count 6 purs… |
| 20-7961 | Antonio Olmeda v. United States | Second Circuit | 2021-05-07 | Denied | Response WaivedIFP | consecutive-sentences consecutive-sentencing criminal-procedure double-jeopardy due-process firearm-possession jury-determination jury-trial multiplicitous-conviction sentencing-enhancement sentencing-guidelines statutory-interpretation | Whether a Judgment and Conviction oh two counts, § 2K2.1.(a)., for unlawful "receipt", of a firearm and "Possession" of that firearm is multiplicitou… |
| 20-7940 | Khaled Elbeblawy v. United States | Eleventh Circuit | 2021-05-05 | Denied | Response WaivedIFP | constitutional-rights criminal-forfeiture due-process fact-finding forfeiture jury-trial restitution sentencing-enhancements sixth-amendment | Whether the Sixth Amendment to the United States Constitution requires a jury trial on the forfeiture, and whether the Sixth Amendment forbids a trial… |
| 20-7884 | Roel Gilberto Melendez-Davila v. United States | Fifth Circuit | 2021-04-29 | Denied | Response WaivedIFP | Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-7874 | Ted A. McCracken v. R.J. Reynolds Tobacco, et al. | Third Circuit | 2021-04-28 | Denied | Response WaivedIFP | 7th-amendment causation-evidence civil-rights expert-testimony jury-trial pro-se-plaintiff pulmonologist-analysis seventh-amendment summary-judgment tobacco-litigation | WAS IT NOT A DENIAL OF PETITIONER'S 7th AMENDMENT RIGHT TO JURY TRIAL FOR THE DISTRICT COURT TO GRANT RESPONDENT(S) SUMMARY JUDGMENT ON THE ISSUE OF L… |
| 20-7859 | Denver Lee v. United States | Sixth Circuit | 2021-04-28 | Denied | IFP | 6th-amendment circuit-split constitutional-sufficiency due-process felon-in-possession jury-finding jury-trial knowledge-of-status old-chief-stipulation plain-error rehaif substantial-rights | This Court has made clear that the Fifth and Sixth Amendment rights of a person accused of a crime to due process and to a trial by an impartial jury … |
| 20-1496 | Ali Mohamed Elatrache v. Shane Jackson, Warden | Sixth Circuit | 2021-04-26 | Denied | Response Waived | capital-murder constitutional-rights due-process first-degree-murder jury-instructions jury-trial lesser-included-offenses procedural-default trial-by-jury | I. WHETHER REASONABLE JURISTS COULD DIFFER AS TO WHETHER PETITIONER WAS DEPRIVED OF A CONSTITUTIONAL RIGHT TO DUE PROCESS AND TO TRIAL BY JURY WHEN TH… |
| 20-7825 | Carlon McGinn v. Kansas | Kansas | 2021-04-22 | Denied | Response WaivedIFP | apprendi-v-new-jersey constitutional-vagueness criminal-history criminal-sentencing due-process fourteenth-amendment judicial-determination jury-trial sentencing-enhancement sixth-amendment | Petitioner's 'OUT OF STATE' crime 'IS NOT' Defined under Kansas State Statutes and used to Enhance His Sentence based on the Determinations of a Judge… |
| 20-1446 | Patricia LaCourse, Individually and as Personal Representative of the Estate of Lt. Colonel Matthew LaCourse v. PAE Worldwide Incorporated, et al. | Eleventh Circuit | 2021-04-16 | Denied | Response Waived | boyle-v-united-technologies civil-procedure death-on-high-seas-act death-on-the-high-seas-act discretion-in-contract-performance government-contractor-defense jury-trial maritime-law summary-judgment | 1. Did the Court of Appeals err in extending the federal common law "government contractor defense" established in Boyle v. United Technologies Corp.,… |
| 20-7793 | Edgar Ivan Lira Estrada v. United States | Fifth Circuit | 2021-04-16 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-7591 | Herminio Perales-Perez v. United States | Fifth Circuit | 2021-03-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-determination jury-trial prior-conviction prior-convictions sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 20-1355 | David M. Johnson v. Janet L. Yellen, Secretary of the Treasury | Seventh Circuit | 2021-03-25 | Denied | Response Waived | 7th-amendment civil-procedure civil-rights civil-rights-act due-process employment employment-discrimination equal-employment-opportunity jury-trial mandamus-writ seventh-amendment standing | 1. Whether a plaintiff is guaranteed the right to a jury trial by the 7th Amendment that leaves no discretion in the lower courts to deny a jury trial… |
| 20-1298 | Demetreus A. Keahey v. Dave Marquis, Warden | Sixth Circuit | 2021-03-19 | Denied | Response RequestedResponse WaivedRelisted (2) | 14th-amendment 6th-amendment clearly established federal law regarding a defen criminal-procedure jury-trial or is an unreasonable application of self-defense due-process fourteenth-amendment habeas-corpus jury-trial self-defense sixth-amendment | Whether the failure to give a self-defense jury instruction contradicts, or is an unreasonable application of, clearly established federal law regardi… |
| 20-7456 | Rafael Ayala-Solorio v. United States | Fifth Circuit | 2021-03-15 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-7361 | Robert Eugene Ayers v. Virginia | Virginia | 2021-03-08 | Denied | Response WaivedIFP | civil-commitment civil-rights due-process fourteenth-amendment incorporation-doctrine jury-trial mental-health seventh-amendment sexual-predator sexually-violent-predator | Was Petitioner entitled by the Incorporation of the Seventh Amendment's Jury Trial Clause into the Fourteenth Amendment to Trial By Jury in a State Ci… |
| 20-7369 | Antonia Janai Hickmon v. United States | Fifth Circuit | 2021-03-08 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process federal-sentencing judicial-fact-finding jury-trial reasonable-doubt sentencing | I. Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt? |
| 20-7299 | Michael Dean Adkisson v. Nevada | Nevada | 2021-03-02 | Denied | IFP | consecutive-sentence criminal-sentencing custody due-process jury-trial jury-trial-rights prison-custody separate-offense separate-statute statutory-interpretation | Whether state prison officials violate an inmate's due process and jury trial rights when they hold an inmate in custody pursuant to an additional con… |
| 20-1177 | National Medical Imaging, LLC, et al. v. U.S. Bank, N.A., et al. | Third Circuit | 2021-02-25 | Denied | Amici (1)Response Waived | bad-faith bankruptcy-code bankruptcy-petition compensatory-damages involuntary-bankruptcy jury-trial punitive-damages seventh-amendment | Section 303 of the Bankruptcy Code governs involuntary bankruptcy cases. In an involuntary bankruptcy case it is the creditors, not the debtors, who s… |
| 20-7255 | Samuel Zubia-Olivas v. United States | Fifth Circuit | 2021-02-25 | Denied | Response WaivedIFP | Almendarez-Torres case-law criminal-procedure due-process fifth-circuit judicial-review jury-trial precedent sentencing Supreme-Court writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-7232 | Raul Almanza-Portillo v. United States | Fifth Circuit | 2021-02-24 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-7220 | Antonio Diaz-Agurcia v. United States | Fifth Circuit | 2021-02-23 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-1136 | Peter Capote v. Alabama | Alabama | 2021-02-19 | Denied | 6th-amendment aggravating-circumstances capital-punishment death-penalty judicial-fact-finding judicial-weighing jury-trial mitigating-circumstances sentencing-scheme sixth-amendment | 1. Whether the Alabama death penalty sentencing scheme, which leaves it to the judge to find whether the aggravating circumstances outweigh the mitiga… | |
| 20-1129 | Scott Phillip Flynn v. United States | Eighth Circuit | 2021-02-17 | Denied | Amici (1) | constitutional-rights criminal-procedure due-process guilty-plea irs jury-trial klein-conspiracy restitution seventh-amendment sixth-amendment | L. Whether the due process clause of the United States Constitution, as discussed in McCarthy v. United States, 394 U.S. 459 (1969) and more recent de… |
| 20-7128 | Teodoro Reynosa-Denova v. United States | Fifth Circuit | 2021-02-12 | Denied | Response WaivedIFP | case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-procedure sentencing stare-decisis supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-7111 | Carlos Lopez-Vanegas v. Pennsylvania | Pennsylvania | 2021-02-11 | Denied | IFP | appeals civil-rights constitutional-rights criminal-defense criminal-procedure due-process evidence-presentation judicial-interpretation jurisdiction jury-trial state-court | Should be purved n apped process totlly regerded to Direct Appea be properly-conpetent exected Whers the mess rea and actus rea have wotbees presested… |
| 20-7121 | Georges Michel v. United States | Eleventh Circuit | 2021-02-11 | Denied | Response WaivedIFP | 21-usc-841 apprendi-rule apprendi-v-new-jersey drug-quantity due-process jury-trial sentencing-guidelines sixth-amendment statutory-maximum | Whether the Court of Appeals erred, reversibly, in affirming the district court's decision—making a drug quantity determination, after the Remand—wher… |
| 20-7070 | Jeremy S. v. West Virginia | West Virginia | 2021-02-08 | Denied | Response WaivedIFP | appellate-review criminal-procedure double-jeopardy due-process federal-jurisdiction judicial-inquiry jury-polling jury-trial trial-court-procedure verdict-review | 1. Does the new syllabus point issued by the Supreme Court of Appeals of West Virginia permitting a trial court judge to make further inquiry of a ju… |
| 20-6954 | Brenda Yadira Gamez-Castaneda v. United States | Fifth Circuit | 2021-01-27 | Denied | Response WaivedIFP | alien-smuggling criminal-procedure criminal-sentencing due-process judge-found-facts judicial-fact-finding jury-trial jury-trial-rights sentencing sentencing-guidelines sixth-amendment | Petitioner pleaded guilty to conspiracy to transport aliens within the United States and being found in the United States after a previous deportation… |
| 20-6925 | Leonidas Iraheta and Eduardo Hernandez v. United States | Ninth Circuit | 2021-01-25 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process fifth-amendment judge-found-facts judicial-discretion jury-trial sentencing sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments prohibit severe increases to the sentences of criminal defendants using judge-found facts rejected by the jury. |
| 20-6883 | Christopher Brent Garner v. United States | Fifth Circuit | 2021-01-14 | Denied | Response WaivedIFP | appellate-procedure constitutional-challenge due-process federal-authority jury-trial legal-error sentencing sentencing-review standard-of-review supervised-release trial-by-jury | Whether 18 U.S.C. §3583(g) unconstitutionally deprives federal supervised releasees of the right to trial by jury? Whether courts of appeals reviewin… |
| 20-6884 | Luis Alberto Andrade-Salas v. United States | Fifth Circuit | 2021-01-14 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-6864 | Brian David Hill v. United States | Fourth Circuit | 2021-01-13 | Denied | Response WaivedIFP | appellate-review criminal-appeal criminal-procedure due-process jury-trial preponderance-of-evidence reasonable-doubt sixth-amendment supervised-release trial-by-jury | Whether the United States Court of Appeals for the Fourth Circuit erred in failing to find that the district court erred in sentencing Petitioner by d… |
| 20-945 | Samuel T. Russell v. Texas | Fifth Circuit | 2021-01-13 | Denied | 11th-amendment bill-of-rights constitutional-interpretation due-process eleventh-amendment federal-jurisdiction jury-trial right-to-petition search-and-seizure sovereign-immunity | When the United States Court of Appeals for the Fifth Circuit (" Court) said they reviewed "an Eleventh Amendment immunity determination de novo, " di… | |
| 20-6823 | Robert Buttery v. Ohio | Ohio | 2021-01-11 | Denied | Response WaivedIFP | 14th-amendment 5th-amendment 6th-amendment constitutional-amendment criminal-procedure due-process jury-trial jury-trial-rights juvenile-adjudication sex-offender-registration | Whether an adult felony conviction under Ohio's failure to register statute, Ohio Rev. Code Ann. § 2950.04, violates a defendant's due process and jur… |
| 20-6775 | Dantazias Raines v. Georgia | Georgia | 2021-01-05 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure eighth-amendment jury-trial juvenile-sentencing life-without-parole montgomery-v-louisiana permanent-incorrigibility sixth-amendment | Dantazias Raines was sentenced to life without parole for a botched robbery that ended in a death when he was seventeen years old. After the Supreme C… |
| 20-6776 | Charod Becton v. United States | Second Circuit | 2021-01-05 | Denied | Response WaivedIFP | alleyne-v-united-states apprendi-v-new-jersey conspiracy conspiracy-liability criminal-law due-process fifth-amendment jury-trial pinkerton-doctrine sixth-amendment | Should this Court abrogate the judicially established Pinkerton doctrine, announced in Pinkerton v. United States, 328 U.S. 640 (1946), holding that a… |
| 20-6762 | James W. Knipfer v. Reed A. Richardson, Warden | Seventh Circuit | 2021-01-04 | Denied | Response WaivedIFP | civil-rights constitutional-rights court-jurisdiction due-process federal-court habeas-corpus judicial-misconduct jurisdiction jury jury-trial procedural-due-process | I. CAN THERE BE A "PERPETUAL JURY", "PHANTOM JURY", "FOREVER JURY" or a "JURY on a JUDGES WHIM", in the UNITED STATES? II. DID THE 7th CIRCUIT CASE L… |
| 20-6735 | Frank A. McClung, Jr., et ux. v. Elia E. Estevez | Florida | 2020-12-31 | Denied | Response WaivedRelisted (3)IFP | civil-procedure civil-rights default-judgment due-process fourteenth-amendment jurisdiction jury-trial service-of-process seventh-amendment standing | THE SEVENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES PROTECTS THE RIGHT TO JURY TRIAL, DENIED BY THE TRIAL COURT'S ENTRY OF THE JULY 24, 201… |
| 20-873 | Herman Miller, Inc. v. Blumenthal Distributing, Inc., dba Office Star | Ninth Circuit | 2020-12-31 | Denied | civil-procedure household-name jury-trial standard-of-review trade-dress trademark | Where the appellate court in this action substituted its own findings of fact in place of a jury verdict; and where it is undisputed that the jury was… | |
| 20-6699 | Juan David Pineda-Rodriguez v. United States | Fifth Circuit | 2020-12-23 | Denied | Response WaivedIFP | case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-procedure sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 20-6692 | Juan Manuel Lopez-Canales v. United States | Fifth Circuit | 2020-12-22 | Denied | Response WaivedIFP | Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-6661 | Brian Keith Figge v. Scott Frauenheim, Warden | Ninth Circuit | 2020-12-18 | Denied | IFP | criminal-defendant criminal-procedure deliberation-process due-process judicial-misconduct juror-dismissal jury-deliberations jury-selection jury-trial sixth-amendment trial-by-jury | Does a trial court violate a criminal defendant's Sixth Amendment right to trial by jury when it dismisses a defense holdout juror on the third day of… |
| 20-6645 | Joe Cervantes, Jr. v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. | Ninth Circuit | 2020-12-17 | Denied | IFP | aedpa aedpa-limitations constitutional-violation due-process federal-review habeas-corpus jury-trial notice-of-charges void-for-vagueness void-statutes | 1. Does AEDPA v deprive federal courts of the power and obligation to review claims—Not previously known and could NOT have been known through reasona… |
| 20-6633 | Eduardo David Vargas v. California | California | 2020-12-15 | Denied | IFP | aggravating-circumstances constitutional-rights criminal-sentencing death-penalty due-process fifth-amendment jury-finding jury-trial reasonable-doubt sixth-amendment | Does California's death penalty scheme, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt the ex… |
| 20-814 | James Nalder, et al. v. United Automobile Insurance Company | Ninth Circuit | 2020-12-15 | Denied | Response Waived | appellate-jurisdiction appellate-review civil-procedure damages-review diversity federal-courts judicial-procedure jury-trial standing standing-doctrine substantive-law | This Court has recognized three immutables: 1. Appellate courts are limited to reviewing the trial court record for errors of law and do not decide is… |
| 20-797 | Leonard Patti v. George C. Peck, Jr. | Third Circuit | 2020-12-11 | Denied | Response Waived | 14th-amendment 7th-amendment affidavit-of-merit civil-procedure civil-rights constitutional-rights due-process informed-consent jury-trial medical-malpractice standing | 1. Why was I denied my right to a trial by jury, or even a hearing on the case? The only thing that had any bearing on this case was the Affidavit of … |
| 20-6559 | Jesus Villarreal-Ramirez v. United States | Fifth Circuit | 2020-12-08 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 20-6513 | Calvin Teko Coston v. United States | Fourth Circuit | 2020-12-03 | Denied | Response WaivedIFP | constitutional-challenge due-process fifth-amendment jury-trial mandatory-imprisonment revocation sentencing-discretion sixth-amendment supervised-release united-states-v-haymond | Whether 18 U.S.C. § 3583(g) violates the Fifth and Sixth Amendments by mandating the revocation of supervised release and imposition of a term of impr… |
| 20-6460 | Reginald Hollie v. United States | Eleventh Circuit | 2020-11-27 | Denied | Relisted (2)IFP | armed-career-criminal-act commerce-clause conviction criminal-conviction criminal-procedure drug-offense interstate-commerce jury-trial plain-error-review rehaif-v-united-states sentencing-enhancement | 1. Whether, in cases charged and tried to a jury before this Court decided Rehaif v. United States, 139 S. Ct. 2191 (2019), courts of appeals may rely… |
| 20-6434 | Julian Madero-Diaz, aka Hector Ramon Castillo v. United States | Ninth Circuit | 2020-11-25 | Denied | Response WaivedIFP | 18-usc-3583 constitutional-punishment fifth-amendment jury-trial punishment-scheme sentencing-procedure sixth-amendment supervised-release | Whether a judge's decision to revoke a person's supervised release and send him to prison subjects him to an unconstitutional punishment scheme under … |
| 20-715 | Jibriil A. Hersi v. Ed Sheldon, Warden | Sixth Circuit | 2020-11-24 | Denied | Response Waived | criminal-procedure due-process evidence jury-authorization jury-trial police-conduct police-misconduct prosecutorial-discretion right-to-counsel trial-records | 1) Whether I am entitled to get the missing records from my trial in Medina County, Ohio for statements made by the judge outside the hearing of the j… |
| 20-6403 | Casey Mattingly v. Duval County Jail, et al. | Eleventh Circuit | 2020-11-23 | Denied | Response WaivedIFP | 14th-amendment 8th-amendment appellate-procedure civil-rights constitutional-rights due-process equal-protection jury-trial summary-judgment | Question not identified. |
| 20-6408 | Jose Hilario Fernandez-Vargas v. United States | Fifth Circuit | 2020-11-23 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-6389 | Tomas Martinez-Rodriguez v. United States | Fifth Circuit | 2020-11-19 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-6368 | In Re Richard J. Ramsey | 2020-11-18 | Denied | IFP | 6th-amendment civil-rights court-martial due-process effective-assistance-of-counsel jury-trial military-justice plea-bargain separation-of-powers sixth-amendment ucmj | I. Whether military plea-bargains procedures are unconstitutional creating a lack of jurisdiction over petitioners court-martial therefore, making unl… | |
| 20-6344 | Phyllis Marie Knight v. John C. Chatelain, et al. | Eighth Circuit | 2020-11-17 | Denied | Response WaivedIFP | administrative-law bill-of-rights civil-rights diversity-jurisdiction diversity-of-citizenship due-process interstate-commerce jury-trial seventh-amendment subject-matter-jurisdiction | For The questions is a matter of jurisdiction undisputed mix law and mix fact "state v. federal. " The legal right to trial by jury as declared in U.S… |
| 20-6337 | Tramaine Standberry v. United States | Fourth Circuit | 2020-11-16 | Denied | Response WaivedIFP | acquitted-conduct crime-of-violence criminal-law district-court-discretion due-process guidelines-interpretation jury-trial sentencing sentencing-enhancement unconstitutional upward-variance | 1. Did the jury convict Mr. Standberry for a crime of violence that this Court has held is unconstitutional? 2. Was the district court's upward varia… |
| 20-6211 | Michael Anthony Robbins v. California | California | 2020-11-04 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | due-process investigation juror-bias jury-trial racial-bias sixth-amendment | This Petition presents the following related questions under the Sixth Amendment's jury trial guarantee: 1. What constitutes juror bias for purposes … |
| 20-6128 | Ilya Liviz v. Supreme Judicial Court of Massachusetts | Massachusetts | 2020-10-26 | Dismissed | IFP | civil-procedure civil-rights constitutional-rights due-process family-law jury-trial parental-rights patent-claims state-procedure | Does Attachment G grant a right to a jury trial when the state seeks to confiscate property for the crimes? |
| 20-6112 | Oscar Pena Trujillo v. Arizona | Arizona | 2020-10-23 | Denied | Response WaivedIFP | 6th-amendment alleyne apprendi apprendi-rule due-process ex-post-facto-clause fact-finding jury-trial sex-offender-registration sixth-amendment southern-union | This Court held in Southern Union Co. v. United States, 567 U.S. 343 (2012), that the rule from Apprendi v. New Jersey, 530 U.S. 466 (2000), requiring… |
| 20-6100 | Carlos Meza-Cruz v. United States | Fifth Circuit | 2020-10-21 | Denied | Response WaivedIFP | Almendarez-Torres criminal-procedure due-process jury-trial sentencing Supreme-Court | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-6084 | Laron J. Wainwright v. United States | Eighth Circuit | 2020-10-20 | Denied | Response WaivedIFP | almendarez-torres-v-united-states armed-career-criminal-act judicial-records jury-trial modified-categorical-approach prior-convictions sentencing sentencing-enhancement sixth-amendment | Most circuits agree that when increasing a defendant's sentence beyond the normal statutory maximum pursuant to the Armed Career Criminal Act (ACCA), … |
| 20-5966 | Keven A. Morgan v. United States District Court for the Eastern District of North Carolina | Fourth Circuit | 2020-10-08 | Denied | IFP | 4th-amendment 5th-amendment 6th-amendment attorney-general authorization-order criminal-procedure due-process jury-trial law-enforcement wire-tapping wiretapping | LAW ENFORCEMENT AND DISTRICT ATTORNEY FAIL TO ATTACHED THE UNITED STATES ATTORNEY GENERAL SPECIAL DESIGNATED AUTHORIZATION ORDER AND AUTHORIZATION M… |
| 20-5872 | Jesus Sanchez-Chacon v. United States | Fifth Circuit | 2020-10-02 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 20-5848 | Richard Bridgeman Gustafson v. Oregon | Oregon | 2020-10-01 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial jury-unanimity ramos-v-louisiana sixth-amendment state-trial-procedure | If a criminal trial in the State of Oregon did not guarantee a unanimous verdict, leading defendant to choose a bench trial, was this unconstitutional… |
| 20-5867 | Jerome Ceasar Alverto v. Bryan Dwain Cline | Ninth Circuit | 2020-10-01 | Denied | IFP | civil-rights due-process jury-trial standing state-court takings | A. WHETHER PETITIONER'S COMPLZNT SHOULD HAVE BEEN DKMKSED WITHOUT PREJUDICE. P SPAELATE COURT ERRORED IN APLXING THE STATUTE OF WMUTATION UUDER WASHI… |
| 20-5882 | Omero Nino-Guerrero v. United States | Fifth Circuit | 2020-10-01 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-5813 | Glenn Young v. Darrel Vannoy, Warden | Fifth Circuit | 2020-09-25 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment jury-conviction jury-trial non-unanimous-verdict sixth-amendment | Is the State's evidence sufficient to sustain Young's non-unanimous conviction? Was Young entitled to a unanimous jury verdict under the Sixth and Fo… |
| 20-5773 | William C. McGee v. United States | Eighth Circuit | 2020-09-24 | Denied | Relisted (4)IFP | armed-career-criminal-act criminal-procedure essential-element judicial-determination jury-instructions jury-trial sixth-amendment structural-error | I. Whether omitting an essential element of the crime in both the indictment and jury instructions may be reviewed for harmlessness as held by the Eig… |
| 20-5734 | Alfred Flores, III v. California | California | 2020-09-17 | Denied | IFP | capital-punishment constitutional-requirements criminal-procedure criminal-sentencing death-penalty due-process jury-findings jury-trial reasonable-doubt ring-v-arizona sentencing | Whether California's death penalty scheme violates the constitutional requirement that any fact that increases the penalty for a crime must be found b… |
| 20-5741 | Juan Gabriel Sanchez-Hernandez v. United States | Fifth Circuit | 2020-09-17 | Denied | Response WaivedIFP | criminal-procedure due-process jury-trial recidivism sentencing Sixth-Amendment | Should the Court overrule Almendarez- Torres v. United States , 523 U.S. 244 (1998)? |
| 20-5720 | Martin Garcia-Moreno v. United States | Ninth Circuit | 2020-09-16 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process elements-of-offense immigration-law jury-trial prior-conviction sentencing-factors sixth-amendment | In Almendarez-Torres v. United States, 523 U.S. 224 (1998), the Court held that in a prosecution for 8 U.S.C. § 1326, the fact of a prior conviction n… |
| 20-5728 | Derrick A. Dotson v. Louisiana | Louisiana | 2020-09-16 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | batson-challenge collateral-review criminal-procedure equal-protection jury-selection jury-trial ramos-retroactivity retroactivity sixth-amendment teague-standard | Whether this Court's decision in Ramos v. Louisiana, 140 S. Ct. 1390 (2020) applies to cases on state collateral review, where the State follows the r… |
| 20-348 | Gregory Shawn Mercer v. E. A. Vega | Fourth Circuit | 2020-09-15 | Denied | Response WaivedRelisted (2) | circuit-split criminal-law criminal-procedure due-process guarantee-clause jury-trial sentencing statutory-interpretation summary-judgment supreme-clause | SCOTUS Rule 10(a) - Whether or not a Circuit Split has arisen between the Fourth Circuit and other Circuits over the interpretation of whether crimes … |
| 20-5709 | Rickey Cole v. United States | Fifth Circuit | 2020-09-15 | Denied | Response WaivedIFP | and proven to a jury beyond a reasonable doubt? placed in the indictment burden-of-proof constitutional-law criminal-procedure due-process federal-sentencing grand-jury indictment jury-trial sentencing sentencing-guidelines | I. Whether facts that affect the minimum or maximum reasonable federal sentence must be found by a grand jury, placed in the indictment, and proven to… |
| 20-5710 | Jaime E. Coca-Ortiz v. United States | Fifth Circuit | 2020-09-15 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5669 | Christopher Paul George v. United States | Ninth Circuit | 2020-09-11 | Denied | Response WaivedIFP | apprendi-rule apprendi-v-new-jersey constitutional-procedure criminal-restitution equity-practice fifth-amendment jury-trial jury-verdict seventh-amendment sixth-amendment | 1. Whether Apprendi applies to a mandatory criminal restitution order, and whether the Seventh Amendment requires a restitution order to comply with t… |
| 20-5653 | Hermenegildo Margarito Espinoza Espinoza v. United States | Fifth Circuit | 2020-09-10 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | 1) Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and eith… |
| 20-5608 | Michael Jonathon Besoyan v. Jimmy Yee, et al. | Ninth Circuit | 2020-09-08 | Denied | IFP | 8th-amendment civil-rights due-process equal-protection judicial-access jury-trial pro-se-litigant void-orders | Whether any court or tribunal should be allowed to deny or deprive any citizen of basic rights listed in the Bill of Rights and the 14th Amendment eve… |
| 20-5528 | Miguel Romero v. California | California | 2020-09-04 | Denied | Response WaivedIFP | fourteenth-amendment jury-trial juvenile-adjudication prior-conviction sentencing-enhancement sixth-amendment | Whether the Sixth and Fourteenth Amendments preclude a trial court from using a prior juvenile adjudication to increase a defendant's maximum sentence… |
| 20-5479 | Santos Mondragon Benitez v. United States | Fifth Circuit | 2020-08-25 | Denied | Response WaivedIFP | burden-of-proof criminal-indictment criminal-procedure defendant-rights due-process jury-determination jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-206 | Wanda Albritten v. California Department of Forestry and Fire Protection, et al. | California | 2020-08-21 | Denied | Response Waived | 14th-amendment 7th-amendment civil-jury-trial civil-rights due-process employment-discrimination fourteenth-amendment incorporation incorporation-doctrine jury-trial seventh-amendment summary-judgment | Is the time ripe for the Seventh Amendment right to a civil jury trial to be incorporated by the Fourteen Amendment to the states? Should government … |
| 20-5429 | Derrick T. Neville, Jr. v. United States | Seventh Circuit | 2020-08-20 | Denied | Response WaivedIFP | alleyne apprendi criminal-procedure jury-trial sentencing sixth-amendment | approacl does not apply to the texn "serious drvg sffense pursuant to 92yle)(2lA)i). Tne tevm "requires an ly that the state offsuse inuolue thecondu… |
| 20-5436 | Christy Santiago v. United States | Fourth Circuit | 2020-08-20 | Denied | Response WaivedIFP | acquitted-conduct constitutional-rights criminal-procedure criminal-sentencing due-process jury-trial sentencing-guidelines sixth-amendment | Does the Sixth Amendment's right to a jury trial prohibit courts from using acquitted conduct to vary significantly upward from a Sentencing Guideline… |
| 20-5363 | Reginald Jones v. Louisiana | Louisiana | 2020-08-14 | GVR | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-rights criminal-procedure due-process felony-conviction firearm jury-trial jury-unanimity obstruction-of-justice ramos-precedent ramos-v-louisiana | In light of this court's recent decision in Ramos v. Louisiana, 140 S.Ct. 1390 (2020), finding nonunanimous jury verdicts in serious criminal cases un… |
| 20-5254 | Quintin I. Brown v. Virginia | Virginia | 2020-08-04 | Denied | IFP | appellate-review constitutional-rights criminal-procedure double-jeopardy due-process evidence-law felony jury-trial misdemeanor | DID the COMMONWEALTH of VIRGINIA IWA l court i)£MV MR.13ROWU H'S COMSTltTUTIbWAL RIGHT TO JURY TRIAL ON Ttffc MVSOEIAEAMOR CHARGES OP ReCJ&WtWC STOLEN… |
| 20-5226 | Jose Flores-Dominguez v. United States | Fifth Circuit | 2020-07-30 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 20-85 | Shirley Dimps v. Taconic Correctional Facility, et al. | Second Circuit | 2020-07-28 | Denied | Response Waived | 14th-amendment 7th-amendment administrative-exhaustion civil-procedure civil-rights constitutional-rights due-process jury-trial sovereign-immunity standing | 1. The District Court did not allow petitioner to have a trial by jury why not? Petitioner paid the fee to file the complaint and indicated on the com… |
| 20-5161 | Roberto Gonzalez-Gatica v. United States | Fifth Circuit | 2020-07-27 | Denied | Response WaivedIFP | constitutional-procedure criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5173 | Juan Domingo Velazquez v. Texas | Texas | 2020-07-24 | Denied | IFP | court-appointed-counsel criminal-procedure defendant-rights due-process ineffective-assistance jury-trial plea-of-not-guilty right-to-counsel sixth-amendment structural-error | Was it "structural error" that violated Petitioner's Sixth Amendment autonomy rights when Petitioner's court appointed counsel conceeded his client's … |
| 20-5156 | Manuel Contreras Saucedo v. United States | Fifth Circuit | 2020-07-23 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process fact-finding federal-sentencing jury-trial reasonable-doubt sentencing | I. Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt? |
| 20-52 | Yeitza Marie Aponte-Bermudez v. Eligio Colón, et al. | First Circuit | 2020-07-22 | Denied | Response Waived | civil-procedure due-process expert-testimony federal-courts judgment-as-a-matter-of-law jury-evaluation jury-trial law-of-the-case rule-50 | 1. May a federal district court consistent with this Court's "the law of the case" doctrine grant judgment asa matter of law under Fed. R. Civ. P. 50(… |
| 20-5059 | Christopher Goodin v. United States | Sixth Circuit | 2020-07-14 | Denied | Response WaivedIFP | child-protection constitutional-rights criminal-penalty criminal-punishment jury jury-trial mandatory-restitution mandatory-statute restitution sexual-exploitation sixth-amendment | Does the Constitution's guarantee of trial by jury extend to awards of restitution under the Mandatory Restitution For Sexual Exploitation of Children… |
| 20-5028 | Richard Charles Lussy v. Wade J. Dahood | Montana | 2020-07-10 | Denied | Relisted (2)IFP | civil-procedure civil-rights constitutional-interpretation due-process free-speech jury-trial legal-procedure ministerial-oath oath-of-office standing stare-decisis | Whether to apply Federal Constitution: [A] bad behavior-after-petitioned speech to impeach hearsay-stare decisis with particularized legislated Montan… |
| 20-5003 | Richard B. Woods v. Louisiana | Louisiana | 2020-07-09 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-error constitutional-law criminal-procedure due-process fourteenth-amendment jury-trial non-unanimous-verdict remand sixth-amendment | Whether petitioner's conviction based upon a non-unanimous verdict violated the Sixth and Fourteenth Amendments to the United States Constitution? Wh… |
| 19-1465 | Robert Marcelis v. Pennsylvania | Pennsylvania | 2020-07-07 | Denied | Response Waived | criminal-defendant criminal-procedure increased-sentence jury-finding jury-trial prior-convictions reasonable-doubt sentencing-enhancement sixth-amendment | Does the sixth amendment require a jury finding beyond a reasonable doubt that a criminal defendant has one or more prior convictions before an increa… |
| 19-8874 | Robert Warren Scully v. United States | Fifth Circuit | 2020-07-01 | Denied | Response WaivedIFP | constitutional-rights criminal-sentencing fact-finding fifth-amendment jury-trial restitution restitution-order sixth-amendment | 1. Whether a restitution order imposed as part of a federal criminal sentence and based on fact-findings made by the district court, rather than the j… |
| 19-8875 | David Gerard Jones v. Louisiana | Louisiana | 2020-07-01 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial non-unanimous-verdict remand sixth-amendment | Whether petitioner's conviction based upon a non-unanimous verdict violated the Sixth and Fourteenth Amendments to the United States Constitution? Wh… |
| 19-8845 | Charles Grover Brant v. Florida | Florida | 2020-06-29 | Denied | IFP | constitutional-challenge death-penalty due-process eighth-amendment fact-finding fourteenth-amendment hurst-v-florida jury-trial jury-unanimity jury-waiver | Whether a waiver to an advisory, non-unanimous jury verdict lacking in any fact finding requirement under a death penalty scheme later determined to b… |
| 19-8832 | Stefan Van Der End v. United States | Second Circuit | 2020-06-26 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure due-process jury-trial maritime-law nationality sixth-amendment | 1. Whether the Fifth and Sixth Amendments are violated by the provision of the Maritime Drug Law Enforcement Act, 46 U.S.C. § 70504(a), precluding jur… |
| 19-1418 | Zoie H. v. Nebraska | Nebraska | 2020-06-25 | Denied | Amici (1) | 2nd-amendment 6th-amendment collateral-consequence constitutional-rights due-process firearm-rights jury-trial juvenile-court second-amendment sixth-amendment | Whether the Second and Sixth Amendments permit a state to deprive an individual of the Second Amendment right to keep and bear arms based on the commi… |
| 19-8791 | Jose Angel Vasquez-Soto v. United States | Fifth Circuit | 2020-06-23 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-8755 | Levi West v. United States | Sixth Circuit | 2020-06-19 | Denied | Response WaivedIFP | apprendi-doctrine armed-career-criminal-act constitutional-interpretation conviction-records criminal-procedure jury jury-trial sentencing sentencing-enhancement sixth-amendment | The Armed Career Criminal Act enhances the statutory penalty for a firearms offense when the offender has three predicate convictions for crimes that … |
| 19-8738 | Charles Clark v. Vance Laughlin, Warden | Georgia | 2020-06-18 | Denied | IFP | competent-jurisdiction constitutional-violation due-process fifth-amendment jury-trial sixth-amendment state-trial-court subject-matter-jurisdiction venue | Is the Fourteenth AMENOMENT OF the UNited States Due process clause Violated where the State trial Court was without Subject -Matter Jurisdiction to p… |
| 19-8740 | Anthony J. Williams v. Louisiana | Louisiana | 2020-06-18 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-law constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial non-unanimous-verdict sixth-amendment | Whether petitioner's conviction based upon a non-unanimous verdict violated the Sixth and Fourteenth Amendments to the United States Constitution? Wh… |
| 19-8702 | Billy Edward Sedberry v. United States | Fifth Circuit | 2020-06-15 | Denied | Response WaivedIFP | base-offense-level criminal-procedure drug-quantity judicial-fact-finding jury-trial methamphetamine sentencing sentencing-guidelines sixth-amendment | 1. Whether the district court procedurally erred in miscalculating Sedberry's drug quantity base offense level. 2. Alternatively, whether the distric… |
| 19-8711 | Willie Dunn v. Louisiana | Louisiana | 2020-06-15 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-rights criminal-conviction criminal-procedure due-process fourteenth-amendment judicial-review jury-trial jury-unanimity sixth-amendment state-courts | Whether petitioner's conviction based upon a non-unanimous verdict violated the Sixth and Fourteenth Amendments to the United States Constitution? Wh… |
| 19-8655 | Milton Barrios-Alvarado v. United States | Fifth Circuit | 2020-06-11 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States Apprendi-v-New-Jersey certiorari criminal-procedure due-process fifth-circuit jury-trial overrule petition sentencing supreme-court writ | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 19-8675 | Issac Oral Chandler v. United States | Fifth Circuit | 2020-06-11 | Denied | Response WaivedIFP | constitutional-challenge criminal-sentencing due-process fifth-amendment jury-trial reasonable-doubt revocation sixth-amendment statutory-interpretation supervised-release | Should this Court grant review to determine whether the mandatory provision for revocation of supervised release set forth in 18 U.S.C. § 3583(g) viol… |
| 19-1358 | Michigan v. William Larenzo Shoulders | Michigan | 2020-06-11 | Denied | Response Waived | alleyne-v-us criminal-procedure criminal-sentencing indeterminate-sentencing jury-determination jury-trial michigan-law michigan-supreme-court parole parole-eligibility sentencing-guidelines sixth-amendment | In Michigan's "indeterminate" sentencing scheme, judgments of sentence contain two numbers: the minimum number of years the defendant will have to ser… |
| 19-8659 | Steven Adam Segovia v. United States | Fifth Circuit | 2020-06-10 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process fact-finding federal-sentencing jury-trial reasonable-doubt sentencing | I. Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt? |
| 19-1338 | Briley W. Piper v. Darrin Young, Warden | South Dakota | 2020-06-04 | Denied | criminal-procedure cumulative-error ineffective-assistance ineffective-assistance-of-counsel jury-trial jury-trial-waiver plea-bargaining pre-plea-advisory prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-jury-trial waiver-of-jury-sentencing waiver-of-jury-trial | The South Dakota Supreme Court has ruled that Briley did not knowingly and intelligently waive his right to a jury trial. But the South Dakota Supreme… | |
| 19-1320 | Veronica M. Johnson v. Rock Solid Janitorial, Inc., et al. | Virginia | 2020-05-29 | Denied | appeal civil-case civil-procedure civil-rights constitutional-violation de-novo-review due-process judicial-procedure jury-trial motion-to-dismiss remand standing | Whether the second Judge who presided in Plaintiffs civil case violated the Constitution by denying Plaintiffs demand for a jury trial, again, after t… | |
| 19-8561 | Jesus Julian Corona-Perez v. United States | Fifth Circuit | 2020-05-29 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | crime-of-violence criminal-procedure indictment jury-determination jury-trial prior-conviction sentencing sentencing-guidelines statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-8544 | Hubert Carter v. United States | Eighth Circuit | 2020-05-27 | Denied | Response WaivedIFP | armed-career-criminal-act criminal-procedure judicial-determination jury-trial sentencing sentencing-enhancement sixth-amendment statutory-interpretation | Does the judicial determination of crimes "committed on occasions different from one another" at sentencing under the Armed Career Criminal Act, 18 U.… |
| 19-8493 | Mark Stinson v. Dewayne Hendrix, Warden | Eighth Circuit | 2020-05-18 | Denied | Response WaivedRelisted (2)IFP | conspiracy criminal-law due-process federal-jurisdiction jury-trial ptsd | Can husband and wife be charged with conspiracy, even though the husband (The Petitioner), had been diagnosed with Post Traumatic Stress Disorder [PTS… |
| 19-8440 | Katherine O'Neal v. United States | Tenth Circuit | 2020-05-12 | Denied | Response WaivedIFP | appellate-review constitutional-error evidence-admission harmless-error jury-trial overwhelming-evidence sixth-amendment | In determining whether constitutional error in the admission of evidence is harmless, should a reviewing court focus on whether the error contributed … |
| 19-8425 | Chayce Aaron Anderson v. Colorado | Colorado | 2020-05-08 | Denied | Response WaivedRelisted (2)IFP | confrontation-clause constitutional-rights cross-examination due-process fair-trial jailhouse-informant jury-trial prejudicial-evidence | I. whether the district court erred when it improperly limited the scope of cross-examination of the jail house informant, thereby denying Mr. Anderso… |
| 19-1268 | Jeanetta Springer, et vir v. Wells Fargo Bank, N.A., et al. | Eleventh Circuit | 2020-05-06 | Denied | Response Waived | civil-procedure civil-rights color-of-law due-process judicial-bias judicial-immunity judicial-misconduct jury-trial pro-se-litigation recusal standing | 1. If you demand a trial by jury and pay the fees to the Court for it, can the court force you (as a pro se) to a bench trial to cover up Color of Law… |
| 19-1269 | TCL Communication Technology Holdings Limited, et al. v. Telefonaktiebolaget LM Ericsson, et al. | Federal Circuit | 2020-05-06 | Denied | Amici (5) | antitrust equitable-relief frand frand-commitment jury-trial patent patent-infringement patent-licensing seventh-amendment specific-performance standard-essential-patents standard-setting-organizations | Whether a patent owner required to license its standard-essential patents on fair, reasonable, and nondiscriminatory terms has a Seventh Amendment rig… |
| 19-8374 | In Re Sha'Ron A. Sims | 2020-04-29 | Denied | Relisted (2)IFP | bankruptcy bankruptcy-law chapter-13 civil-rights constitutional-law constitutional-rights due-process jury-trial property-rights | QUESTION: DO DEBTORS IN THIS NATION HAVE A RIGHT TO JURY TRIAL, WITHIN THE CHAPTER 13 CONTEXT, WHEN DISPUTING ISSUES WITH RESPECT TO A CLAIM ON A PRIM… | |
| 19-8342 | Dearieus Duheart v. United States | Fifth Circuit | 2020-04-23 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-trial sentencing sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments prohibit the use of acquitted conduct to enhance a defendant's sentence? |
| 19-8338 | Charles P. Mayeux, Jr. v. Louisiana | Louisiana | 2020-04-22 | GVR | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-amendments criminal-conviction criminal-procedure due-process evidence-sufficiency fifth-amendment fourteenth-amendment jackson-v-virginia jury-trial non-unanimous-verdict sixth-amendment | Whether a conviction based upon a non-unanimous verdict violates the Fifth, Sixth and Fourteenth Amendments to the United States Constitution? Whethe… |
| 19-8289 | Jose Yeyille v. Cecilia M. Altonaga, et al. | Eleventh Circuit | 2020-04-17 | Denied | IFP | appellate-procedure civil-procedure dismissal district-court-review due-process equal-protection fifth-amendment in-forma-pauperis jury-trial seventh-amendment standing | 1. Whether the district court appropriately resolved genuine issues of disputed facts; correctly applied legal conclusions; and provided any statement… |
| 19-8271 | Loren J. Larson, Jr. v. Alaska | Alaska | 2020-04-16 | Denied | Response WaivedIFP | equal-protection impartial-jury juror-bias jury-trial jury-trial-right no-impeachment-rule racial-bias sixth-amendment | All states and the federal government have one version or another of an evidence rule that generally prohibits the introduction of juror testimony reg… |
| 19-1218 | Marcus Lee Robinson v. Colorado | Colorado | 2020-04-16 | Denied | Response RequestedResponse WaivedRelisted (2) | civil-rights criminal-procedure due-process fair-trial jury-bias jury-trial plain-error prosecutor-misconduct prosecutorial-misconduct racial-bias racial-discrimination racial-prejudice | Petitioner is an African-American man who was tried for sexually assaulting a white woman. During the prosecutor's opening statement, she gratuitously… |
| 19-8255 | Emilio Medina-Rodriguez v. United States | Fifth Circuit | 2020-04-14 | Denied | Response WaivedIFP | case-law constitutional-law criminal-procedure due-process fifth-circuit judicial-review jury-trial precedent sentencing statutory-interpretation supreme-court writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 19-8239 | Robert Ybarra, Jr. v. William Gittere, Warden, et al. | Nevada | 2020-04-10 | Denied | IFP | aggravating-factors constitutional-rights death-penalty due-process jury-determination jury-trial mitigating-circumstances reasonable-doubt sentencing sentencing-procedure | Under Nevada law, a jury may consider imposing a death sentence only after finding at least one statutory aggravating factor beyond a reasonable doubt… |
| 19-1202 | Thomas Taffe, et al. v. First National Bank of Alaska | Alaska | 2020-04-08 | Denied | Response Waived | access-to-courts civil-rights constitutional-rights due-process jury-trial legal-standards pro-se pro-se-litigant pro-se-litigants standing summary-judgment systemic-bias | Did a systemic bias against pro se litigants lead to the unconstitutional denial of Petitioners' right to a jury trial in this case? Did the summary … |
| 19-8192 | John Bejarano v. William Gittere, Warden, et al. | Nevada | 2020-04-06 | Denied | IFP | aggravating-factors appellate-reweighing apprendi clemons-v-mississippi constitutional-rights death-penalty jury-trial reweighing sixth-amendment | 1. Should this Court overrule Clemons v. Mississippi as inconsistent with Apprendi and its progeny, to the extent that it allows an appellate court to… |
| 19-8156 | John Stancu v. Hyatt Corporation | Fifth Circuit | 2020-04-01 | Denied | IFP | 7th-amendment age-discrimination civil-rights discovery-rights due-process employment-law jury-trial seventh-amendment standing | 1. Did the district court and the 5th Circuit usurped the Seventh Amendment to the United States Constitution by wrongly denying Stancu's right to a j… |
| 19-8062 | Troy Anthony LeBouef v. Darrel Vannoy, Warden | Fifth Circuit | 2020-03-23 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-amendments criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict | Was LeBouef entitled to a unanimous jury verdict under the Fifth, Sixth and Fourteenth Amendments to the United States Constitution? |
| 19-8039 | Jeffrey Clark v. Louisiana | Louisiana | 2020-03-18 | Denied | IFP | counsel-conflict criminal-trial death-penalty due-process eighth-amendment faretta-waiver jury-trial right-to-counsel right-to-self-representation self-representation sixth-amendment | Mr. Clark represented himself at trial because his lawyer planned to concede his guilt of second-degree murder. The Louisiana Supreme Court held the F… |
| 19-7984 | Danny Pereda v. United States | Ninth Circuit | 2020-03-13 | Denied | Response WaivedIFP | 6th-amendment civil-rights constitutional-law criminal-law due-process government-discretion government-procedures jury-trial sentencing-guidelines | Question not identified. |
| 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 —… |
| 19-7968 | Akube Wuromoni Ndoromo v. William P. Barr, Attorney General, et al. | District of Columbia | 2020-03-12 | Denied | Response WaivedRelisted (2)IFP | 4th-amendment civil-rights constitutional-law constitutional-rights criminal-procedure due-process equal-protection fifth-amendment fourteenth-amendment fourth-amendment jury-trial seventh-amendment standing takings | Does Fourth (VI) Amendment protect the right of the people to be secure therein? Does the Fifth Amendment (V) can't allowed accuser to defend himself… |
| 19-7936 | James Zavaglia v. Boston University School of Medicine | First Circuit | 2020-03-10 | Denied | IFP | administrative-law but-for-causation causation-standard chevron-deference civil-rights due-process employment-discrimination family-medical-leave-act fmla-interference jury-trial medical-leave motivating-factor reeves-v-sanderson retaliation standing summary-judgment | Whether the lower courts are correct to apply this Court's decision in University of Texas Southwestern Medical Center v. Nassar, 133 S. Ct. 2517 (201… |
| 19-7950 | Daejerron L. Valentine v. Nebraska | Nebraska | 2020-03-10 | Denied | Response WaivedIFP | 4th-amendment ambiguity automobile-exception conjunctive consistency criminal-procedure Did the removal of 'or' create ambiguity? disjunctive fourth-amendment Is a defendant entitled to consistent jury instruc jury-instructions jury-trial legislative-history possession probable-cause reasonableness reasonableness-standard scope-of-search search search-and-seizure search-scope statutory-interpretation warrant-requirement warrantless-search | 1) Did the warrantless search of an automobile pursuant to the automobile exception become unreasonable when police officers expanded the search beyon… |
| 19-7833 | Inocente Rodriguez-Juarez v. United States | Fifth Circuit | 2020-03-02 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-7834 | Travis Soto v. Ohio | Ohio | 2020-03-02 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure federal-courts fifth-amendment finality plea-bargaining constitutional-rights criminal-procedure double-jeopardy federal-courts fifth-amendment finality jury-trial plea-agreement plea-bargaining | This Court has yet to resolve the question lying at the core of this appeal, which has produced a split amongst this country's federal and state judic… |
| 19-7768 | Jibriil A. Hersi v. Harold May, Warden | Sixth Circuit | 2020-02-27 | Denied | Response WaivedIFP | access-to-courts coercion constitutional-rights criminal-procedure due-process evidence-sufficiency judicial-misconduct jury-trial police-misconduct prosecutorial-discretion prosecutorial-misconduct right-to-appeal transcript trial-irregularities | 1) Whether I am entitled to get the missing records from my trial in Medina County, Ohio for statements made by the judge outside the hearing of the j… |
| 19-7779 | Freddy Garcia v. Texas | Texas | 2020-02-26 | Denied | IFP | constitutional-error criminal-procedure due-process due-process,criminal-procedure,constitutional-erro harmless-error indictment indictment-variance jury-conviction jury-trial standard-of-review | A jury convicted Freddy Garcia for a felony arising from a different incident than the one for which he was indicted. The State gave no pretrial notic… |
| 19-7707 | Elijah Loren Arthur v. United States | Ninth Circuit | 2020-02-19 | Denied | Response WaivedIFP | apprendi-rule apprendi-v-new-jersey criminal-fines criminal-restitution due-process jury-determination jury-trial sentencing-guidelines southern-union-co-v-united-states statutory-maximum | This Court held in Apprendi v. New Jersey, 530 U.S. 466, 490 (2000), that "[o]ther than the fact of a prior conviction, any fact that increases the pe… |
| 19-1028 | Alina Korsunska v. Chad Wolf, Acting Secretary of Homeland Security | Ninth Circuit | 2020-02-19 | Denied | Response Waived | credibility employment-discrimination evidence-law intent-and-motivation intent-motivation jury-trial material-dispute retaliation summary-judgment title-vii | U.S. Supreme Court and every circuit has at one time or another expressed the view that employment discrimination and retaliation cases are poor candi… |
| 19-7649 | Socorro Susan Caro v. California | California | 2020-02-12 | Denied | IFP | aggravating-circumstances constitutional-rights criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding jury-trial mitigating-circumstances reasonable-doubt sentencing sixth-amendment | Does California's death penalty scheme, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt (1) th… |
| 19-7608 | Juan Perez-Roman v. United States | Fifth Circuit | 2020-02-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-967 | Craig M. Wood v. Missouri | Missouri | 2020-02-03 | Denied | Relisted (2) | capital-punishment capital-sentencing constitutional-rights death-penalty due-process eighth-amendment jury-determination jury-trial sentencing sixth-amendment | Whether the Constitution requires that a jury, rather than a judge, weigh the aggravating and mitigating circumstances to determine whether a defendan… |
| 19-7481 | Patrick Henry Murphy v. Texas | Texas | 2020-01-29 | Denied | IFP | 28-usc-2254 capital-murder capital-punishment constitutional-law death-penalty due-process enmund-v-florida federal-habeas jury-determination jury-trial sentencing tison-v-arizona | Does Ring dictate that a jury determine whether a capital murder defendant is eligible for a sentence of death under Enmund and Tison, and, if so, is … |
| 19-7484 | Jose Candelario Perez-Cruz v. United States | Eleventh Circuit | 2020-01-29 | Denied | Response WaivedIFP | criminal-procedure jurisdiction jurisdictional-dispute jury-trial maritime-drug-law-enforcement-act maritime-law mdlea pretrial-hearing stateless-vessel trial-procedure | Whether the Court of Appeals clearly erred in upholding the District Court's conclusion that jurisdiction in a stateless vessel case under the MDLEA i… |
| 19-7480 | David Paul Lynch v. United States | Eleventh Circuit | 2020-01-29 | Denied | Response WaivedIFP | appellate-review constitutional-error eleventh-circuit harmless-error hearsay hearsay-statements jury-trial precedent sixth-amendment weight-of-evidence | 1. Did the Eleventh Circuit violate this Court's precedent on harmless error when it focused its harmless error analysis solely on the weight of the u… |
| 19-7429 | Louis Mitchell, Jr. v. California | California | 2020-01-28 | Denied | IFP | 14th-amendment 5th-amendment 6th-amendment aggravating-circumstances aggravating-mitigating-circumstances constitutional-rights death-penalty fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-determination jury-trial mitigating-circumstances reasonable-doubt sixth-amendment | Does the mandatory weighing of aggravating and mitigating circumstances under the California death penalty statute—a factfinding determination that se… |
| 19-7431 | Brandon J. Lofland v. Connie Horton, Warden | Sixth Circuit | 2020-01-27 | Denied | Response WaivedIFP | constitutional-review criminal-procedure due-process habeas-corpus identification-testimony ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia jury-trial miscarriage-of-justice procedural-default state-procedural-rules sufficiency-of-evidence | Did the Court of Appeals decide an important federal question -- whether a "mere modicum" of evidence is sufficient to sustain the conviction -- in a … |
| 19-7379 | Lee Samuel Capers v. California | California | 2020-01-22 | Denied | IFP | constitutional-requirement criminal-procedure criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding jury-trial reasonable-doubt sentencing sixth-amendment statutory-maximum | Does California's death penalty scheme violate the requirement under the Fifth, Sixth and Fourteenth Amendments that every fact other than a prior con… |
| 19-915 | Donald Henderson Scott, et ux. v. U.S. Bank National Association, et al. | Eighth Circuit | 2020-01-22 | Denied | appellate-review circuit-court civil-procedure civil-rights due-process federal-court jurisdiction jury-trial standing supreme-court | The Petitioners have been denied their right to a jury trial in federal court. I. Whether the United States Court of Appeal for the Eighth Circuit mi… | |
| 19-7322 | Gerardo Sanchez-Miranda v. United States | Fifth Circuit | 2020-01-21 | Denied | IFP | criminal-procedure due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-7333 | Eduardo Luis Martinez-Paz v. United States | Fifth Circuit | 2020-01-17 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-7289 | Willis Shane Gordon v. Sam Cline, Warden | Tenth Circuit | 2020-01-15 | Denied | Response WaivedIFP | apprendi-v-new-jersey apprendi-violation brady-evidence Brady-Violation burden-of-proof criminal-procedure criminal-sentencing double-jeopardy doyle-violation due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel jury-trial kansas-sentencing-guidelines post-arrest-silence prior-convictions procedural-bar prosecutorial-misconduct sentencing-guidelines | Whether the Kansas courts violated petitioner's Sixth Amendment right to effective assistance of counsel, his Fifth Amendment right against self-incri… |
| 19-7294 | Mohammed Kwaning v. United States | Fourth Circuit | 2020-01-15 | Denied | Response WaivedIFP | apprendi civil-rights confrontation-clause constitutional-rights due-process evidence fair-trial hearsay hearsay-testimony judicial-error jury-trial material-evidence preponderance-of-evidence sentencing sentencing-enhancement | Whether the Government officials conduct violated constitutional rights? where;Petitioner's (a) The District Court failed to disclose material eviden… |
| 19-7298 | James Lee Bell v. Florida | Florida | 2020-01-15 | Denied | Response WaivedIFP | apprendi-precedent blakely-rule criminal-procedure due-process judicial-discretion jury jury-trial mandatory-minimum recidivism recidivist-treatment sentencing sentencing-enhancement | Q 1: Was the limitation of Almendarez-Torres and the dictates of Apprendi and Blakely violated? Florida in deciding whether Petitioner qualified for r… |
| 19-7254 | John Garrett Smith v. Washington | Washington | 2020-01-13 | Dismissed | IFP | criminal-procedure due-process fifth-amendment grand-jury indictment jury-trial martial-law military-justice sixth-amendment | (1) Is it lawfully permissible for a State to knowingly breach three core Amendment V of the U.S. Constitution (ratified 12.15.1791) provisions by ind… |
| 19-7259 | John Afriyie v. United States | Second Circuit | 2020-01-13 | Denied | Response WaivedIFP | apprendi-rule apprendi-v-new-jersey criminal-forfeiture due-process insider-trading jury-trial libretti-v-united-states sixth-amendment | In this insider trading case, the court of appeals affirmed a sweeping criminal forfeiture judgment encompassing all potential trades combined in a si… |
| 19-7251 | William McNeal v. Florida | Florida | 2020-01-10 | Denied | Response WaivedIFP | Apprendi apprendi-standard apprendi-v-new-jersey criminal-law criminal-procedure degree-classification due-process essential-element essential-elements jury-trial reclassification sentencing sentencing-enhancement statutory-interpretation | Whether, when determining if a defendant's offense can be reclassified to the next highest degree, Florida's interpretation of "essential element" as … |
| 19-7220 | Francisco Guerrero-Saucedo v. United States | Fifth Circuit | 2020-01-09 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-7202 | Terence C. Powell v. Lab Corporation, et al. | Second Circuit | 2020-01-08 | Denied | Response WaivedIFP | 14th-amendment 7th-amendment chain-conspiracy civil-procedure civil-rights civil-trial due-process fourteenth-amendment jury-right jury-trial privileges-and-immunities seventh-amendment | Whether the Court of Appeals correctly affirmed the District Court's granting the defendant's Motions to Dismiss violates the protections of the Seven… |
| 19-7215 | Jerry Jabbari Rhodes v. United States | Fourth Circuit | 2020-01-08 | Denied | IFP | acquittal constitutional-rights criminal-procedure double-jeopardy due-process judicial-sentencing jury-trial sentencing sixth-amendment watts-decision | Is it reasonable and constitutional to sentence a defendant on facts for which a jury found the same defendant not guilty? |
| 19-7142 | General P. Haymon v. Michael Johnson | California | 2020-01-06 | Denied | IFP | 7th-amendment civil-rights constitutional-rights dred-scott due-process equal-protection jury-trial race racial-discrimination seventh-amendment standing | Given the above-mentioned 19th century U.S. Supreme Court's ruling and opinion in the Dred Scott case, the question presented to Chief Justice John Ro… |
| 19-7181 | Anna Bell v. Oregon Health & Science University | Oregon | 2020-01-06 | Denied | Response WaivedIFP | 14th-amendment 7th-amendment access-to-justice civil-procedure civil-rights constitutional-rights due-process equal-protection jury-trial pro-se-representation right-to-counsel right-to-jury-trial self-representation | 1) Does denying a pro se individual or public a proper course of justice by a Court violate prior U.S. Supreme Court rulings and The Ninth Amendment t… |
| 19-7120 | Gilbert Sanchez v. Texas | Texas | 2019-12-31 | Denied | IFP | apprendi-v-new-jersey blakely-v-washington criminal-appeals criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment habeas-corpus in-re-winship jury-trial right-to-trial-by-jury sixth-amendment texas-constitution | 1. Is the Fourteenth Amendment of the United States Constitution violated when the Texas Court of Criminal Appeals denies an Applicant habeas relief b… |
| 19-7088 | Marcos Cortez-Rogel v. United States | Fifth Circuit | 2019-12-30 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-7104 | Julio Cesar Pacheco-Astrudillo v. United States | Fifth Circuit | 2019-12-30 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-7063 | Leeton Jahwanza Thomas v. Pennsylvania | Pennsylvania | 2019-12-26 | Denied | IFP | capital-punishment capital-sentencing death-penalty eighth-amendment fourteenth-amendment jury-trial reasonable-doubt sixth-amendment | Were Petitioner's rights under the Sixth, Eighth, and Fourteenth Amendments to the United States Constitution violated by a Pennsylvania statutory sch… |
| 19-799 | Streambend Properties II, LLC, et al. v. Ivy Tower Minneapolis, LLC, et al. | Minnesota | 2019-12-23 | Denied | Response Waived | civil-procedure constitutional-rights dismissal-with-prejudice due-process equal-protection failure-to-state-claim jury-trial jury-trial-rights pleadings standing | The first question presented is whether the lower court erred in dismissing with prejudice Petitioners' claims for failing to state a claim for which … |
| 19-7040 | Dalia A. Dippolito v. Florida | Florida | 2019-12-20 | Denied | Response WaivedIFP | criminal-defense criminal-law criminal-liability criminal-procedure due-process entrapment factual-disputes jury-trial objective-entrapment state-law trial-by-jury trial-court-proceedings | Where state law recognizes objective entrapment as a complete defense to criminal liability, and that defense turns on disputed issues of fact, does r… |
| 19-776 | James Wesley Amonett, Jr. v. Virginia | Virginia | 2019-12-18 | Denied | Response Waived | contract-enforcement contract-law criminal-procedure criminal-procedure-contract-enforcement due-process jury-trial law-enforcement plea-bargaining police-authority police-promises right-to-jury-trial sixth-amendment | Issue 1. There is an important, recurring issue on which the Federal circuits and the states' highest courts are split, i.e. whether the police can pr… |
| 19-6906 | Datanya Damon Alexander v. United States | Fifth Circuit | 2019-12-11 | Denied | IFP | constitutional-law criminal-procedure due-process fifth-circuit-review indictment jury-determination jury-trial prior-conviction reasonable-doubt sentencing sentencing-enhancement | Whether this Court should hold the instant petition in light of Shular v. United States, 15-1498, __U.S.__, 139 S.Ct. 2773 (June 28, 2019)? Whether t… |
| 19-6910 | Alfred T. Moliere v. Texas | Texas | 2019-12-11 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | apprendi apprendi-rule apprendi-v-new-jersey article-42.013 constitutional-rights criminal-penalties criminal-penalty family-violence firearm-possession jury-determination jury-trial right-to-bear-arms unconstitutional | Generally, Apprendi v. New Jersey requires that any fact serving to increase a criminal penalty be found by a jury. Article 42.013, Texas Code of Crim… |
| 19-6901 | Alonso Barrera-Montes v. United States | Eleventh Circuit | 2019-12-10 | Denied | IFP | appellate-review confrontation-clause criminal-procedure department-of-state due-process evidence evidence-admission hearsay hearsay-rule jurisdiction jury-trial | I. THE COURT OF APPEALS CLEARLY ERRED IN UPHOLDING THE DISTRICT COURT'S RULING ADMITTING EVIDENCE AT DEFENDANT'S TRIAL WHICH VIOLATED BOTH THE HEARSAY… |
| 19-6876 | Mauricio Aguirre, aka Mauricio Aguirre-Orcutt, aka Peter Holston-Aguirre, aka Peter Holston, aka Miller Aguirre v. United States | Fifth Circuit | 2019-12-09 | Denied | Response WaivedIFP | apprendi-v-new-jersey criminal-procedure due-process fifth-amendment indictment jury-trial sentencing sentencing-modification sixth-amendment supervised-release | Whether a federal defendant may suffer additional imprisonment on the basis of facts that have never been placed in an indictment, nor proven to a jur… |
| 19-6783 | Virgil Lamont Jarvis v. David Allison, Sheriff, Pearl River County, Mississippi, et al. | Fifth Circuit | 2019-12-02 | Denied | Relisted (2)IFP | administrative-review appeal-rights appeals civil-procedure civil-rights district-court due-process exhaustion-of-administrative-remedies in-forma-pauperis jury-trial legal-procedure prison-litigation-reform-act standing summary-judgment | Question not identified. |
| 19-6795 | Abraham Conde-Herrera v. United States | Fifth Circuit | 2019-12-02 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-6796 | Valentin Castanon-Renteria v. United States | Fifth Circuit | 2019-12-02 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-6781 | Donato Luna-Quintero v. Indiana | Indiana | 2019-11-29 | Denied | Response WaivedIFP | constitutional-rights due-process effective-assistance effective-assistance-of-counsel foreign-defendant jury-trial language-barrier language-barriers limited-english-proficiency right-to-counsel waiver | Is a defendant's constitutional right to a jury trial properly waived, and is counsel providing effective assistance, when the defendant, a foreign ci… |
| 19-6773 | Edgar Ortega-Limones v. United States | Fifth Circuit | 2019-11-27 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-6679 | Horatio Johnson v. Louisiana | Louisiana | 2019-11-19 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | criminal-procedure due-process fourteenth-amendment jury-trial nonunanimous-verdict sixth-amendment state-court state-criminal-procedure | Does the right to a jury trial guaranteed by the Sixth Amendment, as applied to the States through the Fourteenth Amendment, allow a state-court crimi… |
| 19-6662 | Shane E. Jones v. United States | Eighth Circuit | 2019-11-18 | Denied | IFP | armed-career-criminal-act criminal-procedure judicial-determination jury-trial sentencing sentencing-enhancement sixth-amendment sixth-amendment-right statutory-interpretation | Does the judicial determination of crimes committed on occasions different from one another" at sentencing under the Armed Career Criminal Act, 18 U.S… |
| 19-625 | Rita Guerrero, Individually and as the Special Administrator of the Estate of Celso N. Guerrero v. BNSF Railway Company | Seventh Circuit | 2019-11-15 | Denied | Response Waived | federal-employers-liability-act interstate-commerce interstate-rail-service jury-trial negligence scope-of-employment seventh-amendment summary-judgment | 1. Whether the decision by the Seventh Circuit panel conflicts with provisions of the Federal Employers' Liability Act, and the uniform precedents of … |
| 19-6616 | Alberino Magi v. United States | Ninth Circuit | 2019-11-13 | Denied | Response WaivedIFP | apprendi apprendi-rule apprendi-v-new-jersey constitutional-procedure criminal-fines criminal-penalty criminal-restitution due-process jury-finding jury-findings jury-trial sentencing southern-union southern-union-v-united-states | In Apprendi v. New Jersey, 530 U.S. 466, 490 (2000), the Court held that "[o]ther than the fact of a prior conviction, any fact that increases the pen… |
| 19-6582 | Roberto Carlos Martinez-Mendoza v. United States | Fifth Circuit | 2019-11-12 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6500 | Horacio Dominguez-Villalobos v. United States | Fifth Circuit | 2019-11-05 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-6390 | Edward L. Collins v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-10-24 | Denied | Response WaivedIFP | constitutional-violation due-process eighth-amendment equal-protection fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel jury-trial miranda-rights self-incrimination sixth-amendment | Was the Petitioner's right to due process under the Fifth and Fourteenth Amendments and right to a jury trial under the Sixth and Fourteenth Amendment… |
| 19-6284 | Jose L. Cabrera-Cosme v. United States | First Circuit | 2019-10-17 | Denied | Response WaivedRelisted (2)IFP | acquitted-conduct due-process jury-trial mcmillin-v-pennsylvania sentencing sixth-amendment uncharged-conduct united-states-v-watts | 1. Whetehr a reasonable jurist could find debatable Petitioner s Sixth Amendment was violated when the district court sentenced him to life without an… |
| 19-6290 | Servando Pineda-Castellanos v. United States | Fifth Circuit | 2019-10-17 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-6265 | Alex Knight v. United States | Eleventh Circuit | 2019-10-16 | Denied | IFP | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-trial sentencing sixth-amendment | Whether the Fifth and/or Sixth Amendments are violated when a district court increases a criminal defendant's sentence based upon conduct for which a … |
| 19-6276 | Robert Wayne Wilson, Jr. v. California | California | 2019-10-16 | Denied | Response WaivedIFP | child-sexual-abuse constitutional-rights criminal-procedure due-process false-allegations jury-trial presumption-of-innocence trial-by-jury | In a prosecution for child sexual abuse, does testimony that only four percent of child sexual abuse allegations are false violate the defendant's rig… |
| 19-6235 | Scott Thomas Erskine v. California | California | 2019-10-10 | Denied | IFP | aggravating-circumstances capital-sentencing constitutional-amendments cruel-and-unusual-punishment death-penalty due-process equal-protection jury-trial jury-unanimity narrowing-requirement sentencing | I. Does California's death penalty statute violate the Fifth, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution by failing to… |
| 19-6199 | Emeterio Espino Ramirez v. United States | Fifth Circuit | 2019-10-09 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-6230 | Claudius L. Fincher v. United States | Seventh Circuit | 2019-10-09 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure due-process factual-question jury-determination jury-trial mandatory-minimum safety-valve safetyvalve-statute sentencing sixth-amendment | Does the district court's resolution of a contested factual question under 18 U.S.C. § 3553(f) (safety-valve statute) for the purpose of determining w… |
| 19-419 | Antonio L. Saulsberry v. Randy Lee, Warden | Sixth Circuit | 2019-09-27 | Denied | Response Waived | constitutional-law criminal-procedure double-jeopardy due-process habeas-corpus jury-trial precedent retrial sixth-amendment verdict | Whether this Court's precedent clearly establishes that the Double Jeopardy Clause bars retrial of a defendant on a charge that was submitted to a jur… |
| 19-6094 | Andres Herrera-Segovia v. United States | Fifth Circuit | 2019-09-27 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-6042 | Gerardo Tajonar Cortes v. United States | Fifth Circuit | 2019-09-25 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-390 | William James, et al. v. Barbara Hunt, et al. | Eleventh Circuit | 2019-09-24 | Denied | Response Waived | civil-rico collateral-estoppel constitutional-amendments due-process federal-procedure final-judgment-act first-amendment fraud-upon-court fraud-upon-the-court interlocutory-appeal jury-trial obstruction-of-justice | 1. Whether district court orders dedicate any section of the opinion(s) to deny petitioner's Civil RICO 18 U.S.C. 1961-1964, in the verified complaint… |
| 19-6049 | Lawrence T. Tyler v. United States | Fifth Circuit | 2019-09-24 | Denied | Response WaivedIFP | collateral-consequences coram-nobis criminal-sentencing deportation fact-finding fourth-amendment habeas-corpus ineffective-assistance-of-counsel judicial-fact-finding jury-trial loss-amount reasonable-doubt search-and-seizure sixth-amendment | Whether a Certificate-Of-Appealability should be granted for the following Claims/Issues : 1, Whether fact of an Actual Loss Amount, which sets the m… |
| 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… |
| 19-5973 | Wilfred Warren Sheppard v. Texas | Texas | 2019-09-19 | Denied | Response WaivedRelisted (2)IFP | 5th-amendment 6th-amendment constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment habeas-corpus jury-trial sixth-amendment supreme-court-precedent united-states-constitution | (1.) Whether the Texas Criminal Court of Appeals has ruled in a manner which conflicts with the Fifth and Sixth Amendment of the U.S. Constitution. (… |
| 19-5989 | Errol Victor, Sr. v. Louisiana | Louisiana | 2019-09-18 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | 13th-amendment 14th-amendment civil-rights constitutional-provision direct-review due-process equal-protection fourteenth-amendment jury-trial jury-unanimity retroactivity state-constitutional-law thirteenth-amendment verdict-retroactivity | 1. Whether it denies defendant's Fourteenth and Thirteenth Amendment Rights while on direct review not to retroactively vacate a non-unanimous jury ve… |
| 19-5961 | Mark Whitehead v. United States | Ninth Circuit | 2019-09-17 | Denied | Response WaivedIFP | constitutional-due-process constitutional-law criminal-contempt due-process judicial-bias judicial-ethics judicial-impartiality judicial-recusal jury-trial recusal trial-procedure | Whether a trial judge that has had a significant hand in the accusatory process of a criminal contempt jury trial should be recused from presiding ove… |
| 19-5913 | Sammie Lee Smith, IV v. Florida | Florida | 2019-09-12 | Denied | Response WaivedIFP | aggravated-crime aggravated-offense alleyne-v-united-states apprendi-v-new-jersey constitutional-law criminal-charging criminal-procedure due-process jury-determination jury-trial mandatory-minimum sentencing sexual-felony | Whether the facts triggering a mandatory minimum sentence under Florida's Dangerous Sexual Felony Offender Act, § 794.0115, Fla. Stat. (2016), togethe… |
| 19-5907 | Luis Castaneda-Torres v. United States | Fifth Circuit | 2019-09-11 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-5889 | Jonathan Torres-Arroyo v. New Jersey | New Jersey | 2019-09-10 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | alleyne-precedent alleyne-v-united-states criminal-procedure judicial-findings jury-trial mandatory-minimum ring-v-arizona sentencing sentencing-court state-v-kiriakakis | Did the New Jersey Courts make an invalid distinction from Alleyne v. United States, 570 U.S. 99 (2013), in holding that the defendant's right to a ju… |
| 19-5865 | Pablo Sauste Balderas v. United States | Fifth Circuit | 2019-09-09 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-315 | Endre Glenn v. Brennan H. Moss, et al. | Tenth Circuit | 2019-09-06 | Denied | civil-procedure civil-rights docketing due-process equal-protection fourteenth-amendment jury-trial seventh-amendment summary-judgment | Whether U.S. District Court violated client's right to jury trial under U.S. Const. Amend VII, and XIV due process, equal protection of the laws when … | |
| 19-5829 | Yoni Castro-Lopez v. United States | Fifth Circuit | 2019-09-05 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-5807 | Thedrick Edwards v. Darrel Vannoy, Warden | Fifth Circuit | 2019-09-04 | Judgment Issued | Amici (20)Response RequestedResponse WaivedRelisted (4)IFP | constitutional-rights criminal-procedure due-process equal-protection fourteenth-amendment jury-selection jury-trial jury-unanimity sixth-amendment state-law | Whether Louisiana's non-unanimous jury requirement for crimes requiring life sentences violates the Sixth Amendment and Fourteenth Amendment of the Un… |
| 19-5817 | Kendrick Taylor v. Louisiana | Louisiana | 2019-09-04 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | apodaca-v-oregon criminal-procedure criminal-trial fourteenth-amendment incorporation-doctrine johnson-v-louisiana jury-trial jury-unanimity sixth-amendment supreme-court-precedent unanimous-verdict | The issue presented is whether the Sixth Amendment right to a jury trial requires an unanimous jury verdict and, if so, would that unanimity requireme… |
| 19-280 | Judy Long v. Alameda Unified School District | Ninth Circuit | 2019-09-03 | Denied | appellate-procedure appellate-review civil-procedure civil-rights due-process judicial-procedure jury-trial motion-dismissal standard-of-review standing summary-judgment | What is the appropriate standard of review when a trial court improperly grants a motion for summary judgment dismissing the right to a jury trial? | |
| 19-5785 | Raul Zapata-Dominguez v. United States | Fifth Circuit | 2019-09-03 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure fourth-amendment home-search indictment jury-trial liberty-deprivation liberty-interest overbreadth probation probation-supervision statutory-maximum statutory-reasonableness supervised-release supervision vagueness | I. Whether this Court should grant review to consider whether a condition of supervision requiring the Petitioner to permit a probation officer to vis… |
| 19-250 | Oklahoma v. Jesse Allen Johnson | Oklahoma | 2019-08-26 | GVR | Response RequestedResponse WaivedRelisted (5) | constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment jury-factfinding jury-trial juvenile-sentencing life-without-parole miller-v-alabama montgomery-v-louisiana sixth-amendment | Does the Sixth Amendment require that the individualized sentencing proceeding necessary to impose a life-without-parole sentence upon a juvenile homi… |
| 19-5693 | Harlow Hutchinson v. Louisiana | Louisiana | 2019-08-23 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-amendment criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict | Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti… |
| 19-5541 | Quianna S. Canada v. Texas Mutual Insurance Company, et al. | Fifth Circuit | 2019-08-09 | Denied | Response WaivedIFP | 7th-amendment civil-procedure civil-rights constitutional-rights due-process employment-law jury-trial retaliation seventh-amendment summary-judgment title-vii | 1. Can federal courts use summary judgment motions to divest the Petitioner's Seventh Amendment right to a jury trial? 2. Does general corporate know… |
| 19-5455 | Jesus Rios-Garza v. United States | Fifth Circuit | 2019-08-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-5442 | Shanta G. Phillips-Berry v. Kenner Police Department, et al. | Fifth Circuit | 2019-08-06 | Denied | IFP | abuse-of-discretion civil-procedure civil-rights constitutional-due-process due-process evidentiary-requirements fair-trial judicial-discretion jury jury-trial legal-standards standing trial-procedure | 1. What if district court abused its discretion by not relying on the erroneous legal premise that a citizen(s) of the state of Louisiana and this gre… |
| 19-5394 | Michael Leon Bell v. California | California | 2019-07-30 | Denied | IFP | aggravating-circumstances capital-punishment constitutional-procedure death-penalty due-process fourteenth-amendment jury-fact-finding jury-trial mitigating-circumstances reasonable-doubt sentencing sentencing-standards sixth-amendment | Does California's death penalty scheme, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt (1) th… |
| 19-5301 | Aaron Orlando Richards v. Louisiana | Louisiana | 2019-07-25 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-interpretation criminal-procedure double-jeopardy due-process equal-protection first-degree-murder jury-trial jury-unanimity jury-verdict legislative-amendment non-unanimous-verdict prosecutorial-discretion unanimous-verdict | Did the appellate court err in its interpretation of Apodaca Bad Bertrand? In this first degree murder prosecution, the jury returned an eleven-to-one… |
| 19-5346 | Jose Martinez v. United States | Second Circuit | 2019-07-25 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | acquitted-conduct burden-of-proof buyer-seller-defense criminal-conviction cross-examination drug-conspiracy due-process jury-instructions jury-trial sentencing sentencing-guidelines sixth-amendment | 1. A writ of certiorari is requested to determine whether this Court's decisions to allow district courts to use acquitted conduct in imposing sentenc… |
| 19-5247 | Charles Michael Hedlund v. Arizona | Arizona | 2019-07-22 | Denied | Relisted (2)IFP | criminal-procedure death-penalty due-process eddings-v-oklahoma habeas-corpus jury-trial sentencing | 1. Whether the correction of error under Eddings v. Oklahoma, 455 U.S. 104 (1982), requires resentencing, particularly where the error originated in t… |
| 19-101 | Imperium IP Holdings (Cayman), Ltd. v. Samsung Electronics Co., Ltd., et al. | Federal Circuit | 2019-07-19 | Denied | Amici (2)Response Waived | appellate-review burden-of-proof credibility-determinations credibility-of-witnesses expert-testimony jury-trial jury-trial-rights jury-verdict patent-infringement patent-invalidity patent-validity seventh-amendment standard-of-review | The question presented is whether an appellate court may reverse a jury verdict based on its own view that expert testimony was credible, "unrebutted,… |
| 19-5259 | Edgar Armand Hernandez-Castillo v. United States | Fifth Circuit | 2019-07-19 | Denied | Response WaivedIFP | 18-usc-3553 criminal-procedure due-process federal-sentencing judicial-discretion jury-trial sentencing-determination sentencing-guidelines sentencing-guidelines-18-usc-3553 statutory-minimum | 1. Whether district courts may determine without the aid of a jury that a sentence above the statutory minimum is "not greater than necessary " to ach… |
| 19-97 | Mitchell Jay Stein v. Securities and Exchange Commission | Ninth Circuit | 2019-07-19 | Denied | Response Waived | circuit-split civil-procedure collateral-estoppel jury-trial offensive-collateral-estoppel securities-fraud seventh-amendment summary-judgment | This Court has repeatedly instructed that the use of collateral estoppel is limited to situations where "the issues in the two cases are … identical,"… |
| 19-5174 | William C. Lewis, Sr., et al. v. Estate of Robert A. Lewis, et al. | District of Columbia | 2019-07-15 | Denied | Relisted (2)IFP | 7th-amendment asset-transfer civil-procedure civil-rights constitutional-rights court-of-appeals due-process jury-trial seventh-amendment standing takings | 1. Whether the decision affirming the denial of a trial by jury on Petitioners' claims violated their 7th Amendment to the US Constitution. 2. Whethe… |
| 19-5022 | Brian K. Banks v. Louisiana | Louisiana | 2019-07-01 | Denied | Response WaivedIFP | 404(b)-evidence appellate-review constitutional-rights criminal-procedure due-process evidence fair-trial fifth-circuit jury-trial legal-error louisiana-supreme-court prosecutorial-misconduct standard-of-review | I. Did the Louisiana Supreme Court Error, when it allowed the Fifth Circuit Court of Appeals to contradict its own prior rulings by overruling the Dis… |
| 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… | |
| 18-9821 | Robert Lee Heard, Jr. v. Louisiana | Louisiana | 2019-06-27 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | Apodaca-v-Oregon criminal-conviction criminal-procedure due-process fourteenth-amendment jury-trial nonunanimous-jury-verdict nonunanimous-verdict sixth-amendment | Does the right to a jury trial guaranteed by the Sixth Amendment, as applied to the States through the Fourteenth Amendment, allow a state-court crimi… |
| 18-9787 | Jace Crehan v. Louisiana | Louisiana | 2019-06-25 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-amendment criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-jury unanimous-verdict | Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti… |
| 18-9762 | Kwame A. Insaidoo v. United States | Second Circuit | 2019-06-24 | Denied | IFP | 18-usc-666 5th-amendment 6th-amendment circuit-split criminal-procedure criminal-prosecution due-process federal-benefit jury-determination jury-trial second-circuit statutory-interpretation | Whether the Second Circuit Court of Appeals erred, in violation of U.S. Const. V and VI, when it held that the government need not prove to a jury the… |
| 18-9732 | Bejan David Etemad v. North Dakota | North Dakota | 2019-06-19 | Denied | IFP | appeals certiorari constitutional-rights criminal-procedure due-process due-process-clause federal-certiorari federal-jurisdiction jury-trial jury-verdict state-court state-courts state-supreme-court | 1) Can any State Court of last resort or specifically the North Dakota Supreme Court completely abrogate due process to the point that no process exis… |
| 18A1342 | Javier Sanchez, Gregory Casorso and Michael Marr v. United States | Ninth Circuit | 2019-06-19 | Presumed Complete | bid-rigging criminal-liability due-process jury-trial per-se-rule sherman-antitrust | Question not identified. | |
| 18-9693 | Kevin Sheppard v. Louisiana | Louisiana | 2019-06-17 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-amendment criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict | Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti… |
| 18-9616 | Rocky Riojas-Ordaz v. United States | Fifth Circuit | 2019-06-13 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 18-9659 | In Re Quisi Bryan | 2019-06-13 | Denied | IFP | constitutional-law death-penalty federal-review habeas-corpus hurst-claim hurst-v-florida jury-determination jury-trial retroactive-application retroactivity sixth-amendment sixth-circuit | Bryan's habeas petition presents exceptional circumstances that, if left unresolved, will result in disparate interpretations of the federal Constitut… | |
| 18-9664 | Lilron Ravon Jones v. California | California | 2019-06-13 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | apprendi apprendi-rule Apprendi-v-New-Jersey constitutional-procedure Descamps due-process jury-trial jury-trial-right juvenile-adjudication Mathis prior-conviction-exception sentence-enhancement sentencing-enhancement sixth-amendment | In Apprendi v. New Jersey, 530 U.S. 466, 490 (2000), this Court held that "[o]ther than the fact of a prior conviction, any fact that increases the pe… |
| 18-9594 | Brian L. Davis v. 7-Eleven, Inc. | Fourth Circuit | 2019-06-10 | Denied | IFP | civil-procedure civil-rights criminal-procedure due-process equal-protection jury jury-trial standing | Question not identified. |
| 18-9587 | Ilya Liviz v. Supreme Judicial Court of Massachusetts | Massachusetts | 2019-06-07 | Denied | IFP | 5th-amendment administrative-suspension attorney-discipline civil-rights constitutional-rights due-process fifth-amendment jury-trial legal-ethics professional-conduct property-rights we-the-people | Can license to practice law be suspended only on the basis of remaining silent without considering the merits of alleged violation? Does right to a j… |
| 18-1508 | Wisconsin Alumni Research Foundation v. Apple Inc. | Federal Circuit | 2019-06-07 | Denied | claim-construction de-novo-review due-process JMOL jury-fact-finding jury-fact-findings jury-findings jury-trial patent-infringement procedural-due-process remand seventh-amendment standard-of-review teva-v-sandoz | 1. Where the district court properly instructed the jury to give a claim limitation its "plain and ordinary meaning as viewed from the perspective of … | |
| 18-9563 | Cody Shane Sorrels v. United States | Fifth Circuit | 2019-06-06 | Denied | Response WaivedIFP | 18-usc-3553 criminal-procedure due-process federal-courts federal-sentencing judicial-discretion jury-trial sentencing sentencing-determination sentencing-guidelines sentencing-guidelines-18-usc-3553 statutory-interpretation statutory-minimum | 1. Whether district courts may determine without the aid of a jury that a sentence above the statutory minimum is "not greater than necessary " to ach… |
| 18-9567 | Daniel De Leon v. United States | Fifth Circuit | 2019-06-06 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure cross-examination due-process indictment jury-trial reasonable-doubt supervised-release | 1. Whether violations of supervised release that require or permit additional imprisonment must be proven to a jury beyond a reasonable doubt and plac… |
| 18-9573 | Ernesto Betancourt-Carrillo v. United States | Fifth Circuit | 2019-06-06 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-9502 | Christian Vazquez Capistran v. United States | Fifth Circuit | 2019-05-31 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 18-1497 | In Re Minor L. McNeil | 2019-05-31 | Denied | administrative-commission article-iii article-iii-judicial-issue article-iv article-iv-court due-process hayburns-case judicial-proceeding jury-trial mandamus war-crime | Whether Mandamus shall issue to an Article IV Court to close its judicial side, and open an Administrative Commission to supervise a jury trial procee… | ||
| 18-1499 | Umesh Kaushal v. Indiana | Indiana | 2019-05-31 | Denied | Response WaivedRelisted (2) | due-process fourteenth-amendment guilty-plea immigration-consequences jury-trial plea-bargaining reasonable-probability resident-alien sixth-amendment | 1. When a resident alien pleads guilty to a crime, while ignorant of the immigration consequences, then discovers those consequences and demands a tri… |
| 18-9460 | Quentin Perry v. United States | Eighth Circuit | 2019-05-29 | Denied | IFP | 5th-amendment 6th-amendment armed-career-criminal-act due-process fifth-amendment jury-trial sixth-amendment statutory-interpretation vagueness | 1. Does the judicial determination of crimes "committed on occasions different from one another" under the Armed Career Criminal Act violate the Sixth… |
| 18-9463 | Michael Joseph Brooks, Jr. v. Louisiana | Louisiana | 2019-05-29 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-amendments criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict | Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti… |
| 18-9464 | Charles William Finney v. Florida | Florida | 2019-05-29 | Denied | IFP | aggravating-factors capital-murder capital-sentencing death-penalty florida-constitution jury-trial jury-unanimity mitigating-circumstances sixth-amendment | Whether the Sixth Amendment requires that a jury unanimously find all facts necessary to impose a death sentence in Florida, and whether Florida's cap… |
| 18-9410 | Morris Sanders v. Walmart Stores East, L.P. | Eleventh Circuit | 2019-05-23 | Denied | Response WaivedIFP | burden-of-proof civil-rights credibility-determination employment-discrimination evidence-weighing jury-trial retaliation summary-judgment title-vii workplace-discrimination | Where the federal courts below decided for themselves every triable fact issue crucial to petitioner's workplace discrimination and retaliation claims… |
| 18-9321 | Jesus Cornelio Dolmo-Alvarez v. United States | Fifth Circuit | 2019-05-17 | Denied | Response WaivedIFP | criminal-procedure indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-9325 | Davion L. Jefferson v. United States | Tenth Circuit | 2019-05-17 | GVR | Response RequestedResponse WaivedRelisted (2)IFP | 18-usc-924c constitutional-rights crime-of-violence directed-verdict due-process jury-trial jury-trial-clause sentencing-enhancement sixth-amendment statutory-interpretation | I. Did the district court violate the Fifth Amendment's Due Process Clause and the Sixth Amendment's Jury Trial Clause when it directed a verdict on 1… |
| 18-9298 | Anthony Barry and Brian Cahill v. Massachusetts | Massachusetts | 2019-05-16 | Denied | Response WaivedIFP | brady-violation confrontation-clause criminal-procedure due-process exculpatory-evidence exculpatory-information fundamental-fairness jury-trial post-conviction-evidence witness-testimony | 1. This Court has never finally resolved the question of whether intentional pre-trial withholding of exculpatory information violates the Confrontati… |
| 18-1439 | Shanker Patel v. California | California | 2019-05-16 | Denied | Response Waived | accomplice-testimony cautionary-instruction circumstantial-evidence corroboration corroboration-requirement criminal-procedure due-process jury-instructions jury-trial sixth-amendment trial-rights | Where in sixteen States, including California, whence this present case arises, the law requires corroboration of an accomplice's testimony to sustain… |
| 18-1426 | Samantha L. Coleman v. Schneider Electric USA, Inc. | Fourth Circuit | 2019-05-14 | Denied | Response Waived | burden-of-proof civil-rights credibility-determinations employment-discrimination jury-trial McDonnell-Douglas mcdonnell-douglas-framework race-discrimination retaliation-claim summary-judgment title-vii workplace-discrimination | 1. Has the McDonnell Douglas framework for determining workplace discrimination been fatally undermined and petitioner's right to a jury trial denied … |
| 18-9267 | John Loveman Reese v. Florida | Florida | 2019-05-14 | Denied | IFP | capital-sentencing cruel-and-unusual-punishment due-process eighth-amendment equal-protection jury-trial retroactivity | In Hurst v. Florida this Court struck down Florida's longstanding capital sentencing procedures because they authorized a judge, rather than a jury, t… |
| 18-9243 | Chima Edozie Aligwekwe v. United States | Eleventh Circuit | 2019-05-13 | Denied | Response WaivedIFP | acquittal double-jeopardy due-process judicial-discretion jury-trial restitution sentencing sixth-amendment | Whether the right to a jury trial as guaranteed by the Sixth Amendment is violated when a district court increases the defendant's prison sentence and… |
| 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… |
| 18-9212 | Vincent McCrudden v. United States, et al. | Third Circuit | 2019-05-09 | Denied | Response WaivedIFP | bivens-claim civil-procedure civil-rights credibility-determination de-minimis-force due-process federal-tort-claims-act jury-trial standing summary-judgment | Can Courts systemically deny access to a jury trial in meritorious FTCA and Bivens Claims by making credibility determinations at the summary judgment… |
| 18-9189 | Vernell Conley v. Wendy Kelley, Director, Arkansas Department of Correction | Arkansas | 2019-05-08 | Denied | Response WaivedIFP | constitutional-law criminal-procedure double-jeopardy drug-offense due-process evidence hicks-v-oklahoma jury jury-trial sentencing | PETITIONER WAS CONVICTED OF THREE DRUG OFFENSES AND SENTENCED BY THE JURY TO A TOTAL TERM OF 90 YEARS. THE ARKANSAS SUPREME COURT FOUND INSUFFICIENT E… |
| 18-9100 | Corry Mency v. Florida | Florida | 2019-05-03 | Denied | Response WaivedIFP | apprendi-v-new-jersey blakely-v-washington blakey-v-washington constitutional-due-process criminal-procedure due-process judicial-factfinding jury-trial jury-trial-right sentencing sentencing-enhancement sentencing-enhancements statutory-interpretation statutory-maximum trial-judge | Mr. Mency contended Florida Statutes (2004) section 775.084(3)(a)6 was unconstitutional under Apprendi v. New Jersey and Blakey v. Washington as appli… |
| 18-9120 | Russell Frey v. Illinois | Illinois | 2019-05-03 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-sexual-assault cumulative-error due-process effective-assistance-of-counsel evidentiary-issues fair-trial harmless-error ineffective-assistance-of-counsel jury-trial prejudice right-to-counsel | 1.)Does the defendant Russel' Frey deserve a new trial or conviction vacated based on counsels overall health and his performance overall violated def… |
| 18-9117 | Scotty Garnell Morrow v. Benjamin Ford, Warden | Georgia | 2019-05-02 | Denied | IFP | death-penalty death-sentence due-process eighth-amendment fourteenth-amendment hurst-v-florida judicial-fact-finding jury-trial jury-unanimity ring-v-arizona sentencing sixth-amendment | "The Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death." Hurst v. Florida, 136 S. Ct. 616, 619 (… |
| 18-1375 | Douglas Walter Greene v. Independent Pilots Association, et al. | Sixth Circuit | 2019-05-02 | Denied | abuse-of-discretion civil-rights constitutional-rights due-process first-amendment fraud free-speech freedom-of-religion freedom-of-speech judicial-discretion judicial-misconduct jury-trial rule-of-law | A National precedent setting question is asked, may Federal District & Appellate Courts render a Decision abridging First Amendment Rights to Freedom … | |
| 18-9062 | Derek Ray King v. United States | Fifth Circuit | 2019-05-01 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof criminal-procedure cross-examination due-process indictment jury-trial reasonable-doubt sentencing supervised-release | 1. Whether violations of supervised release that require or permit additional imprisonment must be proven to a jury beyond a reasonable doubt, place d… |
| 18-9025 | Phillip Newton v. Louisiana | Louisiana | 2019-04-29 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | apodaca-v-oregon criminal-trial fourteenth-amendment johnson-v-louisiana jury-trial jury-unanimity sixth-amendment unanimous-verdict | The issue presented is whether the Sixth Amendment right to a jury trial requires an unanimous jury verdict and, if so, would that unanimity requireme… |
| 18-1355 | Edward Kramer v. Antonio Vitti, et al. | Second Circuit | 2019-04-29 | Denied | 42-usc-1983 4th-amendment appellate-review civil-procedure civil-rights constitutional-rights factual-dispute jury-trial malicious-prosecution material-dispute material-facts seventh-amendment summary-judgment | Whether the Petitioner's Seventh Amendment right to a jury determination of the material disputed facts in his case was violated when the Court of App… | |
| 18-1359 | William Shannon Gresham v. Tennessee | Tennessee | 2019-04-29 | Denied | Response Waived | acquitted-conduct criminal-procedure double-jeopardy due-process jury-trial sentencing sentencing-enhancement sixth-amendment sufficiency-of-evidence | (1) Whether a trial court may use acquitted conduct by a jury that rejected the State's proof on a particular issue in order to enhance a defendant's … |
| 18-8992 | Charles Lorraine v. Ohio | Ohio | 2019-04-25 | Denied | IFP | capital-punishment death-penalty death-sentence eighth-amendment judge-sentencing judicial-fact-finding jury-trial jury-verdict sixth-amendment spaziano-v-florida | Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida? |
| 18-8934 | Teresa Miller v. Phillip Douglas Gaujot, Judge, Monongalia County Circuit Court, et al. | Fourth Circuit | 2019-04-23 | Denied | Response WaivedIFP | civil-procedure civil-rights constitutional-rights due-process evading-review habeas-corpus judicial-review jury-trial petition-dismissal review standing | Why was a civil petition dismissed without review because the defendant was no longer in states custody it was not a heabas petition it was a civil pr… |
| 18-8897 | Corlious C. Dyson, aka Corlious Corall Dyson v. Louisiana | Louisiana | 2019-04-18 | GVR | Relisted (2)IFP | criminal-conviction criminal-procedure due-process fourteenth-amendment incorporation-doctrine jury-trial non-unanimous-verdict sixth-amendment | Does the right to a jury trial guaranteed by the Sixth Amendment, as applied to the States through the Fourteenth Amendment, allow a criminal convicti… |
| 18-8900 | Juan Garcia Herrera v. United States | Ninth Circuit | 2019-04-18 | Denied | Response WaivedIFP | alleyne-v-united-states almendarez-torres-v-united-states apprendi-v-new-jersey constitutional-challenge criminal-procedure drug-offense due-process judicial-factfinding jury-trial mandatory-minimum mandatory-minimum-sentence prior-conviction sentencing sentencing-enhancement | 1. The enhanced-penalty provisions of 21 U.S.C. §§ 841(b) and 851 expressly require that the district court, not a jury, make factual findings which i… |
| 18-8869 | Jesse Davenport, aka Draco John Flama v. United States | Ninth Circuit | 2019-04-17 | Denied | Response WaivedIFP | child-pornography confrontation-clause conspiracy criminal-procedure due-process jury-trial plain-error shackling sufficiency-of-evidence | 1. Is shackling a defendant during his or her jury trial for no asserted or actual reason proper, and thus not even an "error" under the plain error t… |
| 18-8819 | Jorge Rogelio Reveles-Santana v. United States | Fifth Circuit | 2019-04-16 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts — including the fact of a prior conviction — that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-1306 | Fred Anderson, Jr. v. Florida | Florida | 2019-04-16 | Denied | Amici (3) | advisory-jury capital-punishment capital-sentencing death-penalty florida-supreme-court harmless-error hurst-v-florida judge-sentencing jury-trial jury-verdict sixth-amendment structural-error | 1. Whether a judge-imposed death sentence that violates Hurst is a structural error requiring reversal of the sentence. 2. Whether a Hurst violation … |
| 18-1303 | Sonja Colbert v. Cleveland Mitchell | California | 2019-04-15 | Denied | appeals appellate-review bad-faith civil-procedure civil-rights court-of-appeals due-process filing-fees housing-authority judicial-procedure jury-trial landlord-tenant lower-court rent-control section-8-housing standing | Can a Single Court of Appeals Justice, Dismiss an Appeal, after shown by all Clerks, the lower court and Appellant in writing, that Appellant timely f… | |
| 18-8807 | Francisco Quintero-Corral v. United States | Eleventh Circuit | 2019-04-15 | Denied | Response WaivedIFP | apprendi-v-new-jersey aprendi-rule criminal-procedure due-process illegal-reentry indictment jury-trial prior-conviction sentencing sentencing-enhancement statutory-maximum | 1. Whether all facts- including the facts of a prior conviction- that increase a defendant's statutory maximum must be pleaded in the indictment and e… |
| 18-1295 | Dale De Steno, et al. v. Kelly Services, Inc. | Sixth Circuit | 2019-04-12 | Denied | Response Waived | appellate-review attorneys-fees civil-procedure civil-rights collateral-issue constitutional-rights due-process free-speech jury-trial precedent seventh-amendment sixth-circuit standing | Whether the United States Court of Appeals for the Sixth Circuit erred by denying the Petitioners' request for a jury trial pursuant to the Seventh Am… |
| 18-8771 | Timothy Barr v. Rebecca Pearson, et al. | Eighth Circuit | 2019-04-10 | Denied | Response WaivedIFP | 8th-circuit-review burden-of-proof civil-procedure civil-rights due-process due-process-rights judicial-authority jury-trial prisoner-civil-rights prisoner-rights pro-se-litigation standing supreme-court-precedent | Does the 8th circuit federal court of appeals, have the authority to supersede the standards and precedent set by the United States Supreme Court in p… |
| 18-8781 | Kerri L. Kaley v. United States | Eleventh Circuit | 2019-04-10 | Denied | Response WaivedIFP | apprendi-rule apprendi-v-new-jersey constitutional-law criminal-fines criminal-procedure criminal-restitution due-process jury-finding jury-findings jury-trial sentencing southern-union-co-v-united-states | In Apprendi v. New Jersey, 530 U.S. 466, 490 (2000), the Court held that "[o]ther than the fact of a prior conviction, any fact that increases the pen… |
| 18-8782 | Cesar Lopez-Rodriguez v. United States | Fifth Circuit | 2019-04-10 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 18-8738 | Noe Machado-Erazo and Jose Martinez-Amaya v. United States | District of Columbia | 2019-04-09 | Denied | Response WaivedIFP | circuit-split criminal-law criminal-law-procedure criminal-procedure due-process harmless-error jury-trial physical-force sixth-amendment statutory-interpretation | I. Whether a state statute can be said to require the "use, attempted use, or threatened use of physical force against the person or property of anoth… |
| 18-8761 | Arthur Jones v. California | California | 2019-04-09 | Denied | Response WaivedIFP | 8th-amendment civil-rights constitutional-law criminal-procedure due-process jury-trial sentencing | (1) WhEthER A CoNdUet ENHANCEMENT. StAtUTE"CAif PENAl COdE SER.1192.7(2) ThAt "REMOVES, ASSESSMENt" of FALT FROm Jury USEd TO INREASE PUNISHMENT" 1s U… |
| 18-8763 | Terry Walker v. United States | Seventh Circuit | 2019-04-09 | Denied | Response WaivedIFP | criminal-procedure due-process judicial-fact-finding jury-finding jury-trial plea-agreement plea-bargaining recharaterization sentencing sixth-amendment statutory-interpretation | 1) Can a sentencing court consistent with the Sixth Amendment to the United States Constitution recharaterize a defendant's conviction into conduct th… |
| 18-8719 | Ciaran Paul Redmond v. United States | Ninth Circuit | 2019-04-08 | Denied | IFP | appellate-review circuit-conflict criminal-procedure criminal-procedure-appeal federal-jurisdiction judicial-notice jurisdictional-element jury-instructions jury-trial sentencing standards-of-review statutory-interpretation | 1. A jury convicted petitioner of federal assault offenses under 18 U.S.C. § 113. Pursuant to Fed. R. Evid. 201, a divided panel of the Ninth Circuit … |
| 18-8714 | Kenneth Whigham, Jr., aka Kenneth Pringle v. United States | First Circuit | 2019-04-05 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States constitutional-challenge criminal-procedure due-process jury-submission jury-trial prior-conviction prior-convictions reasonable-doubt sentencing sentencing-enhancement supreme-court-precedent | Whether this Court's decision in Almendarez-Torres v. United States, 523 U.S. 224 (1998), which held that the allegation of a prior conviction need no… |
| 18-8684 | Robert E. Young v. Megan J. Brennan, Postmaster General | Seventh Circuit | 2019-04-03 | Denied | Response WaivedIFP | 7th-amendment administrative-law burden-of-proof civil-procedure civil-rights due-process jury-trial mixed-cases pro-se-litigants pro-se-litigation rules-of-evidence standing summary-judgment | Did the 7th District Court and the 7th Circuit Cowl in it's concurrence of the lower court's ruling, deny the Appellant the protection and benefits gr… |
| 18-8670 | Demetrius Terrence Frazier v. Alabama | Alabama | 2019-04-02 | Denied | IFP | capital-punishment capital-sentencing constitutional-interpretation cruel-and-unusual-punishment death-penalty death-penalty-sentencing due-process equal-protection judicial-fact-finding jury-fact-finding jury-sentencing jury-trial retroactive-rule retroactivity sixth-amendment | 1. Does Alabama's insistence that a judge, not a jury, can weigh the mitigating and aggravating factors and sentence a person to death directly confli… |
| 18-8660 | Tyree Mansell v. United States | Third Circuit | 2019-04-01 | Denied | Response WaivedIFP | acquitted-conduct due-process fifth-amendment jury-trial jury-trial-right sentencing sentencing-guidelines sixth-amendment | Whether the use of acquitted conduct to increase Mr. Mansell's Sentencing violates the Sixth Amendment jury trial right. |
| 18-1229 | In Re Carolyn Fjord, et al. | 2019-03-21 | Denied | Response Waived | 7th-amendment antitrust antitrust-law bankruptcy bankruptcy-court beacon-theaters civil-procedure civil-rights clayton-act due-process jury-trial mandamus seventh-amendment | • Does the decision of the United States Bankruptcy Court for the Southern District of New York denying Petitioners the right to a jury trial for dama… | |
| 18-8436 | David Fehr Harder v. United States | Fifth Circuit | 2019-03-14 | Denied | Response WaivedIFP | criminal-procedure indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-8415 | John L. Lotter v. Nebraska | Nebraska | 2019-03-13 | Denied | IFP | capital-punishment capital-sentencing death-penalty due-process eighth-amendment fourteenth-amendment judicial-discretion jury-trial sentencing sixth-amendment | 1. Does Nebraska's capital sentencing scheme requiring a three-judge panel, rather than a jury, to impose a sentence of death violate the Eighth Amend… |
| 18-8317 | Robert Gering v. Florida | Florida | 2019-03-07 | Denied | Response WaivedIFP | 14th-amendment civil-commitment civil-procedure constitutional-right due-process florida-constitution florida-procedure fourteenth-amendment jury-trial liberty-interest trial-by-jury | THE CONTITUTIONAL RIGHT TO A TRIAL BY JURY IN A CIVIL COMMITMENT CASE CANNOT BE CIRCUMVENTED BY A FLORIDA RULE OF CIVIL PROCEDURE NULLIFYING THE INVIO… |
| 18-8150 | Ilya Liviz, Sr. v. Supreme Judicial Court of Massachusetts, et al. | First Circuit | 2019-02-27 | Denied | Response WaivedIFP | access-to-court access-to-courts care-and-protection child-custody constitutional-rights due-process federally-protected-rights jury-trial parental-rights question-of-law state-court | Is Dad being denied his federally protected due process right to petition for redress and access to a meaningful hearing resulting from state's refusa… |
| 18-8085 | Steven Clayton Thomason v. United States District Court for the Middle District of Alabama | Eleventh Circuit | 2019-02-22 | Denied | Response WaivedIFP | anti-trust antitrust beacon-theatres beacon-theatres-inc.-v.-westover civil-procedure constitutional-procedure due-process jury-trial restraint-of-trade rooker-feldman standing | Whether the Right to a Jury Trial Wherein Anti-Trust Issues are before the court in a Restraint of Trade Conflict with U.S. Supreme Court Holding in B… |
| 18-8046 | Stephen L. Paulmier v. Hawaii | Hawaii | 2019-02-21 | Denied | IFP | bench-trial constitutional-rights due-process family-court family-court-procedure hawaii-family-court-rules jury-trial jury-trial-waiver trial-continuance | 1. Whether the ICA gravely erred in failing to recognize Stephen Paulmier's constitutional rights to due process and/or find his waiver of a jury tria… |
| 18-8055 | Kevin Ventura v. United States | Second Circuit | 2019-02-21 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 18-usc-924c apprendi apprendi-v-new-jersey apprendi-violation circuit-split criminal-procedure due-process jury-consideration jury-instructions jury-trial mandatory-minimum sentencing sentencing-enhancement statutory-interpretation | Is Mr. Ventura is serving two life sentences imposed in violation of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), bec… |
| 18-8060 | Glenn S. Solberg v. First National Bank and Trust Co. of Williston, et al. | North Dakota | 2019-02-21 | Denied | Response WaivedRelisted (3)IFP | 7th-amendment amendment-violation civil-procedure civil-rights conflict-of-interest constitutional-rights due-process judicial-discrimination jury-trial standing | Whether I should have been granted a jury trial after petitioning the ND Supreme Court three times abiding by the law in the 7th amendment. Whether i… |
| 18-8067 | Arthur Nop Lew v. California | California | 2019-02-21 | Denied | Response WaivedIFP | appellate-review constitutional-rights criminal-procedure due-process jury-instructions jury-trial self-defense sufficiency-of-evidence sufficiency-of-the-evidence trial-by-jury | In aggravated assault prosecutions where self-defense is at issue, California juries are instructed that state law requires only a danger of a battery… |
| 18-8016 | James Goff v. Ohio | Ohio | 2019-02-19 | Denied | IFP | capital-punishment death-penalty hurst-v-florida judicial-fact-finding jury-trial mitigation-evidence resentencing sentencing sixth-amendment | Is a trial judge's independent weighing of new mitigation evidence and imposition of the death penalty at a resentencing hearing unconstitutional unde… |
| 18-1064 | In Re Octavious DeMont Williams | 2019-02-13 | Denied | 21-usc-841 burden-of-proof constitutional-due-process constitutional-rights controlled-substance criminal-procedure due-process elements-of-crime fifth-amendment judicial-misconduct jury jury-finding jury-trial | Whether petitioner's constitutional due process was violated when he was deprived of the fundamental right that a jury find him guilty of all elements… | ||
| 18-7948 | Cesar Carapia Hernandez v. United States | Fifth Circuit | 2019-02-13 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 18-7818 | Marcos Castaneda v. United States | Seventh Circuit | 2019-02-07 | Denied | Response WaivedIFP | alleyne-v-united-states criminal-procedure drug-offense due-process judicial-finding jury-trial mandatory-minimum preponderance-of-evidence preponderance-of-the-evidence sentencing sentencing-guidelines | Marcos Castaneda admitted by his plea to the elements of conspiring to distribute 500 grams or more of a mixfure or substance containing methamphetami… |
| 18-7795 | Markus D. Lanieux v. Louisiana | Louisiana | 2019-02-06 | Denied | Response WaivedIFP | Blakely Blakely-v-Washington Booker Booker-v-United-States criminal-procedure due-process habitual-offender habitual-offender-law jury-trial mandatory-minimum-sentence reasonable-doubt sentencing sentencing-enhancement sixth-amendment | Reasonable jurists would determine that the sentencing scheme by the State of Louisiana's Habitual Offender Law, LSA-R.S. 15:529.1 A(3)(b) [formally e… |
| 18-7778 | Mikhail Zemlyansky v. United States | Second Circuit | 2019-02-05 | Denied | Response WaivedIFP | collateral-estoppel criminal-procedure double-jeopardy evidence-reintroduction health-care-fraud jury-acquittal jury-trial prosecutorial-strategy RICO rico-conspiracy | Government prosecutors strategically decided to subdivide their prosecution of petitioner's ongoing New York city enterprise into two parts. The first… |
| 18-1008 | In Re Veronica Hollowell and Vivian Epps | 2019-02-04 | Denied | Response WaivedRelisted (2) | child-custody civil-procedure civil-rights constitutional-rights discovery-rule due-process family-law federal-jurisdiction incarceration jurisdiction jury-trial mental-fitness single-parent standing statute-of-limitations | 1. Whether the State Court lacked jurisdiction of the child since the unwed, single-parent mother's case was not Jury adjudicated (the ex-boyfriend/fa… | |
| 18-7665 | Robert Tommy Garrett v. California | California | 2019-01-30 | Denied | IFP | appellate-review constitutional-provision double-jeopardy due-process judicial-review jury-trial legal-interpretation lesser-included-offense multiple-convictions multiple-punishments procedural-issue statutory-provision | Appellant submits that the Trial Court's erroneous failure to instruct the jury on the lesser included offense of attempted criminal threat deprived h… |
| 18-7668 | Patricio Paladin v. United States | First Circuit | 2019-01-30 | Denied | Response WaivedIFP | almendarez-torres-v-united-states apprendi-doctrine apprendi-v-new-jersey constitutional-element criminal-procedure due-process jury-trial jury-trial-guarantee prior-conviction sentencing sentencing-enhancement sentencing-enhancements | Whether the contested fact of prior conviction entering into the sentence to increase a defendant's penalty for the instant offense, must be treated a… |
| 18-7651 | Eric Steve Anderson v. California | California | 2019-01-29 | Denied | IFP | antagonistic-defenses conspiracy constitutional-rights criminal-procedure fair-trial jury jury-trial severance severance-motion | Did this trial court's denial of petitioner's severance motion as to co-defendant Randy Lee and its subsequent acquittal of Lee on the conspiracy char… |
| 18-965 | Donald Sullivan v. Robert Wayne Pugh, et ux. | North Carolina | 2019-01-25 | Denied | Relisted (2) | appeal appellate-procedure civil-procedure civil-rights constitutional-rights due-process judicial-misconduct jury-trial north-carolina oath-of-office summary-judgment | Whether or not the presiding judge in the lower court, the judges of the Court of Appeals of North Carolina and the justices of the North Carolina Sup… |
| 18-967 | Marisol Micheo-Acevedo v. Stericycle of Puerto Rico, Inc. | First Circuit | 2019-01-25 | Denied | Response Waived | civil-procedure civil-rights constitutional-rights due-process employment-discrimination first-circuit jury-trial retaliation retaliation-claim summary-judgment supervisory-power | A. Whether the First Circuit deprived Petitioner of her constitutional right to a jury trial when it massaged the facts in violation of Rule 56 and , … |
| 18-7529 | Andre Almond Dennison v. Arizona | Arizona | 2019-01-23 | Denied | IFP | 6th-amendment apprendi apprendi-v-new-jersey constitutional-rights dangerous-crimes dangerous-crimes-against-children due-process enhancement fourteenth-amendment jury-trial reasonable-doubt sentencing | Does Arizona's Sentencing Scheme Violate Due Process Clause, 6th Amendment, And Apprendi v New Jersey, 530 U.S. 466, 120 S.Ct. 2348 (2000) When Petiti… |
| 18-7516 | Joseph Adam Mora v. California | California | 2019-01-22 | Denied | IFP | 14th-amendment 5th-amendment 6th-amendment constitutional-amendments criminal-sentencing death-penalty jury-finding jury-trial reasonable-doubt statutory-maximum | Does the California death penalty scheme violate the requirement under the Fifth, Sixth and Fourteenth Amendments that any fact, other than a prior co… |
| 18-7488 | Billy R. Lewis v. Louisiana | Louisiana | 2019-01-18 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | criminal-conviction criminal-procedure due-process fourteenth-amendment jury-trial nonunanimous-jury nonunanimous-verdict ramos-v-louisiana sixth-amendment | Does the right to a jury trial guaranteed by the Sixth Amendment, as applied to the States through the Fourteenth Amendment, allow a criminal convicti… |
| 18-7478 | Lloyd Michael Blair v. Michigan | Michigan | 2019-01-17 | Denied | IFP | constitutional-error criminal-procedure due-process habeas-corpus jurisdiction jurisdictional-defect jury-trial post-conviction-relief relief resentencing sentencing sentencing-procedure sixth-amendment | 1. Are the sentencino proceedinos that was found to be urconstitutionel made to be invalid? 2. Did the 'trial court ebuse its discretion by refusinn … |
| 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… |
| 18-7402 | Robert Shapiro v. United States | Federal Circuit | 2019-01-14 | Denied | Response WaivedIFP | 6th-amendment compulsory-process confrontation-clause criminal-procedure due-process jury-trial public-trial right-to-counsel speedy-trial | What Des th Unite States Cnstifution er omean efrine timeliness referred toby right to a criminal proseation, the an impartal jory of the state and di… |
| 18-7297 | Donnie Howard v. California | California | 2019-01-10 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure jury-instructions jury-trial reasonable-doubt burden-of-proof due-process fourteenth-amendment jury-instructions jury-trial reasonable-doubt sixth-amendment | 1. Did the trial court's statements during jury selection equating being convinced beyond a reasonable doubt with being "sure" or "positive" of guilt … |
| 18-7353 | Nathaniel Jackson v. Ohio | Ohio | 2019-01-10 | Denied | IFP | capital-punishment death-penalty eighth-amendment judge-sentencing judicial-sentencing jury-recommendation jury-sentencing jury-trial sixth-amendment spaziano-v-florida | Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida? |
| 18-7307 | Yoni Rayo-Espinoza v. United States | Fifth Circuit | 2019-01-09 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 18-848 | Courtney Valle Bisbee v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. | Ninth Circuit | 2019-01-04 | Denied | actual-innocence certificate-of-appealability constitutional-claims evidentiary-hearing habeas-corpus habeas-review ineffective-assistance ineffective-assistance-of-counsel jury-trial sixth-amendment | 1. Where a state trial judge summarily rejected, without a hearing, Petitioner's claim that counsel was ineffective because he induced Petitioner to w… | |
| 18-7217 | C. G., a Minor v. New Jersey | New Jersey | 2019-01-02 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-law constitutional-rights criminal-procedure due-process equal-protection jury-trial juvenile-justice state-law | Does a state law that completely bans jury trials for juveniles charged with crimes violate the federal constitutional rights to a jury trial, due pro… |
| 18-7101 | John Samuel Ghobrial v. California | California | 2018-12-19 | Denied | IFP | capital-punishment constitutional-rights criminal-procedure criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-finding jury-trial reasonable-doubt sentencing sixth-amendment statutory-maximum | Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact that serves to increa… |
| 18-7049 | Joel Marvin Munt v. Nanette Larson, et al. | Eighth Circuit | 2018-12-17 | Denied | Response WaivedIFP | 8th-amendment civil-rights dismissal due-process eighth-amendment expert-evaluation jury-trial medical-care mootness prisoner-rights standing summary-judgment | Was. Petitioner unconstitutionally denied his right to have a jury determine the facts of his case? Can the State escape their Eighth Amendment Duty … |
| 18-7068 | Nelson Figueroa v. United States | Sixth Circuit | 2018-12-17 | Denied | Response WaivedIFP | alleyne almendarez-torres apprendi apprendi-rule constitutional-protections due-process due-process-clause federal-sentencing-guidelines jury-trial prior-conviction prior-conviction-exception sentencing-guidelines sixth-amendment | The first question for the Court is, in light of the Guidelines' development into the de facto range of punishment in all but a very small percentage … |
| 18-7029 | Jorge Ruelas-Martinez v. United States | Fifth Circuit | 2018-12-13 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-739 | Trevor Wallace v. Tennessee | Tennessee | 2018-12-10 | Denied | Response Waived | appellate-review case-revival constitutional-compliance dismissal-with-prejudice double-jeopardy due-process fifth-amendment judicial-discretion jury jury-trial lee-v-us res-judicata | May a state appellate court revive a case that was dismissed with prejudice after a jury was sworn merely because the appellate court disagrees with t… |
| 18-6884 | Isaiah Glenndell Tryon v. Oklahoma | Oklahoma | 2018-11-30 | Denied | IFP | aggravating-factors appellate-review criminal-procedure death-penalty hurst-v-florida jury-trial mitigating-circumstances ring-v-arizona sixth-amendment | After invalidating one of four (4) aggravating factors found by the jury, the Oklahoma Court of Criminal Appeals reweighed the remaining aggravating c… |
| 18-701 | Clayton Prince Tanksley v. Lee Daniels, et al. | Third Circuit | 2018-11-29 | Denied | Relisted (2) | 7th-amendment access amendment copyright copyright-infringement jury-trial lay-observer-test pleading-stage prima-facie-claim probative-similarity similarity substantial-similarity | (1) The question presented is whether the trial court should engage in a substantive analysis and determination regarding substantialsimilarity as a m… |
| 18-6867 | Alberto Jorge Silva-Ibarra v. United States | Fifth Circuit | 2018-11-28 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 18-6817 | Michael Albert Focia v. United States | Eleventh Circuit | 2018-11-26 | Denied | Response WaivedIFP | criminal-procedure due-process judge-vs-jury judicial-fact-finding jury-instructions jury-trial obstruction-of-justice pro-se sentence-enhancement sentencing separation-of-powers sixth-amendment | Where is the second and fifth amendments to apply the statutory scheme of 18 USC § 922 (a)(1)(A) and 18 USC § 922(b) to a Non-Federal Firearm Licensee… |
| 18-6818 | Ruben Rangel v. California | California | 2018-11-26 | Denied | IFP | capital-punishment capital-sentencing constitutional-amendments death-penalty due-process eighth-amendment jury-determination jury-trial sentencing | 1. Does California's death penalty statute violate the Fifth, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution by failing to… |
| 18-686 | Lazina King, et al. v. Caliber Home Loans, Inc. | Fourth Circuit | 2018-11-26 | Denied | Relisted (2) | dodd-frank-act dual-tracking foreclosure-law jury-trial private-right-of-action real-estate-settlement-procedures-act regulation-x respa-regulation seventh-amendment statutory-damages | Is the RE SPA Regulation X Section 6(1) which was promulgated by Dodd-Frank Act remedial in nature which provides a private right of action to an inju… |
| 18-6770 | David Nino-Flores v. United States | Fifth Circuit | 2018-11-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-6776 | Duane Eugene Owen v. Florida | Florida | 2018-11-21 | Denied | IFP | capital-punishment capital-sentencing cruel-and-unusual-punishment due-process eighth-amendment equal-protection jury-trial retroactivity state-court | In Hurst v. Florida this Court struck down Florida's longstanding capital-sentencing procedures because they authorized a judge, rather than a jury, t… |
| 18-650 | Miguel Cabrera-Rangel v. United States | Fifth Circuit | 2018-11-20 | Denied | Amici (5)Response Waived | acquittal-impact acquitted-conduct criminal-procedure criminal-sentencing double-jeopardy due-process judicial-discretion jury-trial sentencing sixth-amendment | Whether, or under what circumstances, the Sixth Amendment right to jury trial prohibits a federal court from basing a criminal defendant's sentence on… |
| 18-6708 | Clifford D. Williams v. Ohio | Ohio | 2018-11-15 | Denied | IFP | capital-punishment death-penalty eighth-amendment judge-sentencing jury-trial jury-verdict sentencing-phase sixth-amendment spaziano-v-florida | Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida? |
| 18-6709 | Lawrence Alfred Landrum v. Ohio | Ohio | 2018-11-15 | Denied | IFP | capital-sentencing death-penalty eighth-amendment judge-sentencing judicial-discretion jury-recommendation jury-sentencing jury-trial sixth-amendment spaziano-v-florida | In Hurst u. Florida, _ U.S. _, 136 S. Ct. 616 (2016), this Court: (a) overruled (1989), (b) invalidated Florida's capital punishment statute, and (c) … |
| 18-6637 | Harold E. Grist, Jr. v. Terema Carlin, Warden | Ninth Circuit | 2018-11-08 | Denied | Response WaivedIFP | 6th-amendment certificate-of-appealability confrontation-clause credibility due-process effective-assistance-of-counsel juror-misconduct jury-trial self-incrimination truthfulness | Whether the Petitioner had a constitutional right to confront his accusers at trial and impeach them before a jury to challenge their credibility and … |
| 18-573 | Colony Cove Properties, LLC v. City of Carson, California, et al. | Ninth Circuit | 2018-11-01 | Denied | Amici (3) | appellate-review character-of-regulatory-action city-of-monterey-v-del-monte-dunes economic-impact investment-backed-expectations investment-expectations jury-trial jury-trial-7th-amendment penn-central penn-central-test property-rights regulatory-takings seventh-amendment standard-of-review takings-clause-5th-amendment | This Court held in Penn Central Transportation Co. v. City of New York, 438 U.S. 104 (1978), that determining whether regulatory action constitutes a … |
| 18-6512 | Jabril Jones v. United States | Sixth Circuit | 2018-11-01 | Denied | Response WaivedIFP | 4th-amendment appeals cell-phone-privacy civil-procedure civil-rights due-process exclusionary-rule false-imprisonment Fourth-Amendment jurisdiction jury-trial probable-cause search-incident-to-arrest sentencing standing warrantless-search | (1) HAVE petitioner BEEN ARREStEd − without PRobabolE CAUSE (2) whether MOUANTS ARREST WARRANT ViolAtE the SECoNd ClAUSE JO The Fourth AmendmeNt (3)… |
| 18-6532 | Austin Myers v. Ohio | Ohio | 2018-11-01 | Denied | IFP | capital-punishment death-penalty death-penalty-statute eighth-amendment judge-sentencing judicial-sentencing jury-trial jury-verdict sixth-amendment spaziano-v-florida | Did Hurst v. Florida render Ohio's death penalty scheme unconstitutional? |
| 18-6472 | James Gibson v. United States | Eleventh Circuit | 2018-10-29 | Denied | Response WaivedIFP | almendarez-torres criminal-procedure drug-offenses jury-trial mandatory-minimum prior-convictions reasonable-doubt recidivism sentencing sentencing-enhancement sixth-amendment | Whether the Petitioner's sentence violated his Sixth Amendment right to a jury trial when the district court imposed a minimum mandatory sentence of l… |
| 18-6390 | Valiant White v. Michigan | Michigan | 2018-10-19 | Denied | IFP | acquitted-conduct civil-rights constitutional-rights due-process fruit-of-the-poisonous-tree impeachment-of-jury-verdict independent-finding-of-guilt ineffective-counsel jury-acquitted-conduct jury-trial jury-trial-right reasonable-suspicion | WHETHER, CONTRARY TO UNITED STATES SUPREME COURT PRECEDENTS, THE TRIAL COURT, MICHIGAN COURT OF APPEALS, MICHIGAN SUPREME COURT ARBITRARILY DENIED PET… |
| 18-6327 | Rolando Humphrey v. United States | Fifth Circuit | 2018-10-16 | Denied | Response WaivedIFP | 18-usc-3553 18-usc-3553a criminal-procedure criminal-sentencing due-process federal-sentencing judicial-determination judicial-discretion jury-role jury-trial sentencing-discretion sentencing-guidelines sentencing-guidelines-18-usc-3553 statutory-minimum | 1. Whether district courts may determine without the aid of a jury that a sentence above the statutory minimum is "not greater than necessary" to achi… |
| 18-6324 | Akinlabi Coleman v. Colorado | Colorado | 2018-10-15 | Denied | Response WaivedIFP | bench-trial constitutional-rights criminal-procedure due-process habitual-criminal habitual-offender jury-trial sixth-amendment | 1) Were Mr. Coleman's Sixth Amendment rights to a jury determination of every element of an offense violated when he was only allowed a bench trial to… |
| 18-456 | Michael J. Persico v. United States | Second Circuit | 2018-10-11 | Denied | Response Waived | apprendi due-process fifth-amendment judicial-discretion jury-trial plea-agreement plea-bargaining sentencing sixth-amendment substantive-reasonableness | 1. Does Petitioner's sentence, which would have been deemed substantively unreasonable in the absence of the district court's factual findings, violat… |
| 18-6293 | Alfredo Martinez-Rey v. United States | Fifth Circuit | 2018-10-11 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 18-412 | Jael Watts v. Michael Allen, et al. | Virginia | 2018-10-02 | Denied | access-to-courts court-access due-process equal-protection fourteenth-amendment jury-trial seventh-amendment state-law tort-immunity | Whether the Virginia Supreme Court's dismissal of the Petitioner's appal, without reaching the merits of the case, violates the Petitioner's fundament… | |
| 18-6165 | Paul E. Rinehart v. Ohio | Ohio | 2018-10-02 | Denied | Response WaivedIFP | apprendi-v-new-jersey criminal-procedure due-process judicial-fact-finding jury-trial sentencing-enhancement sentencing-guidelines sixth-amendment trial-by-jury | Can a trial court enhance a defendant's sentence(s) to more than the minimum sentence upon judicial fact finding from a judge rather than the findings… |
| 18-399 | John W. Fink v. J. Philip Kirchner, et al. | Third Circuit | 2018-09-28 | Denied | Relisted (2) | appellate-review civil-procedure civil-rights constitutional-rights due-process judicial-error jury-trial standing summary-judgment trial-by-jury | Because of the numerous, fundamental and pervasive errors and omissions committed by the district court, and because the court of appeals affirmed the… |
| 18-403 | Bruce A. Shear v. MAZ Partners, LP, Individually and on Behalf of All Others Similarly Situated | First Circuit | 2018-09-28 | Denied | Amici (1)Response Waived | civil-procedure civil-rights disgorgement disgorgement-order district-court-power diversity-jurisdiction due-process equitable-power equitable-remedy erie-doctrine federal-jurisdiction judicial-discretion jury-trial jury-verdict | 1. When a jury finds in favor of defendant on the sole claim asserted against him, may a district court affirm the verdict but then use "equitable pow… |
| 18-6072 | Cristian Gamez Mendez v. United States | Fifth Circuit | 2018-09-21 | Denied | Response WaivedIFP | apprendi-v-new-jersey criminal-procedure due-process indictment jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts — including the fact of a prior conviction — that increase a defendant's statutory maximum must be pleaded in the indictment and … |
| 18-6056 | Harley Blevins, Sr. v. Florida | Florida | 2018-09-20 | Denied | Response WaivedIFP | almendarez-torres constitutional-law criminal-procedure criminal-punishment-code due-process jury-trial jury-verdict prior-conviction sentence-enhancement sentencing sentencing-enhancement sixth-amendment | Is Florida's Prison Releasee Reoffender Act, which nullifies a Criminal Punishment Code (CPC) sentence, unconstitutional and a violation of the Sixth … |
| 18-6059 | Cedric Carter v. Ohio | Ohio | 2018-09-20 | Denied | IFP | capital-punishment capital-sentencing death-penalty eighth-amendment judge-sentencing jury-trial jury-verdict sentencing-phase sixth-amendment spaziano-v-florida | Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida ? |
| 18-6042 | Ronald Eric Ary v. United States | Fifth Circuit | 2018-09-19 | Denied | Response WaivedIFP | criminal-law criminal-procedure criminal-sentencing deferred-adjudication due-process indictment jury-trial prior-conviction sentencing sentencing-enhancement statutory-maximum | I. Whether this Court should grant review to determine whether a Texas deferred adjudication can qualify as a "prior conviction" for the purposes of t… |
| 18-5999 | Joe Litton Bailey v. Louisiana | Louisiana | 2018-09-14 | Denied | IFP | criminal-conviction criminal-procedure due-process evidence habitual-offender jury-trial reasonable-doubt sentencing-enhancement sufficiency-of-evidence | 1) in this case, the responding police officer failed to preserve the alleged crime scene. There are no photos of the vehicle, the broken window, or o… |
| 18-330 | Douglas Walter Greene v. Frost Brown Todd, LLC, et al. | Sixth Circuit | 2018-09-13 | Denied | Response WaivedRelisted (2) | amendment-violations constitutional-rights due-process evidence-tampering judicial-misconduct jury-trial perjured-witnesses perjury public-policy rule-of-law | A National precedent setting question is asked, may the Federal District & Appellate Courts knowingly & purposely render a Decision based on overwhelm… |
| 18-5921 | Jeffrey Allen Stevens v. United States | Tenth Circuit | 2018-09-10 | Denied | Response WaivedIFP | 1st-amendment civil-procedure civil-rights civil-unrest constitutional-rights criminal-procedure due-process first-amendment free-speech jury-trial law-enforcement-misconduct standing | Are Predictions, Prognostications or any synonym thereof of any sort, and specifically i-n'this case, Predictions of. Civil , Unrest or-even of violen… |
| 18-5892 | Andre Jackson v. Ohio | Ohio | 2018-09-06 | Denied | IFP | 6th-amendment 8th-amendment capital-punishment death-penalty eighth-amendment judge-sentencing judicial-sentencing jury-recommendation jury-sentencing jury-trial sixth-amendment | Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida? |
| 18-5783 | Robert A. Cotton v. County of San Bernardino, California, et al. | Ninth Circuit | 2018-08-28 | Denied | IFP | brady-evidence brady-v-maryland brady-violation civil-rights criminal-procedure due-process issue-preclusion judicial-immunity jury-trial manuel-v-city-of-joliet ninth-circuit preliminary-hearing qualified-immunity self-defense | Was the Ninth Circuit in conflict with now, the Second, Third, Fifth, Sixth, Seventh, and Tenth Circuits, and the California Court of Appeal, First an… |
| 18-5793 | Ray Lamar Johnston v. Florida | Florida | 2018-08-28 | Denied | Relisted (4)IFP | caldwell-v-mississippi capital-punishment capital-punishment-system death-penalty due-process equal-protection florida harmless-error hurst-relief hurst-v-florida jury-trial sixth-amendment | 1. Does the Florida Supreme Court's holding that a Hurst error is per se harmless where a jury issues a generalized unanimous recommendation for death… |
| 18-5799 | In Re Robert N. Smithback | 2018-08-28 | Denied | Relisted (2)IFP | constitutional-rights due-process habeas-corpus jurisdiction jury-trial plea-agreement plea-bargaining selective-prosecution subject-matter-jurisdiction trial-by-jury | Ground #1. Whether Smithback is being deprived of his liberty without due process of law, to wit: Texas did not have subject matter jurisdiction, pers… | |
| 18-246 | Mary L. Doherty, et al. v. Allstate Indemnity Company | Third Circuit | 2018-08-27 | Denied | anderson-v-liberty-lobby due-process expert-witness expert-witness-reports expert-witness-testimony fifth-amendment hearsay hearsay-evidence insurance-contract jury-trial mend-the-hold mend-the-hold-doctrine seventh-amendment summary-judgment | Whether the affirmed Rule 56 summary judgment decision is inconsistent with the standard set forth in Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1… | |
| 18-5745 | Miguel Anthony Molina v. United States | Eleventh Circuit | 2018-08-24 | Denied | Response WaivedIFP | 841(a)(1) 922(g)(1) 924(e) criminal-procedure due-process ineffective-assistance jury-trial sentencing-enhancement sixth-amendment | SSUE (1) Did the Honorable Judge James S. Moody Jr. violate Mr. Molina's Sixth Amendment right to a jury trial in conjunction vith the due process cla… |
| 18-231 | New West, L.P., et al. v. City of Joliet, Illinois, et al. | Seventh Circuit | 2018-08-22 | Denied | Response Waived | beacon-theatres civil-rights civil-rights-act collateral-estoppel due-process equitable-claims fair-housing-act jury-trial parklane-hosiery | 1. When a single district court Judge has control over all legal and equitable claims before it in a single proceeding, even though the proceeding inv… |
| 18-5702 | Miguel Angel Mejia v. United States | Eleventh Circuit | 2018-08-22 | Denied | IFP | article-iii article-three drug-enforcement executive-power jury-trial maritime-drug-law-enforcement-act maritime-law sixth-amendment subject-matter-jurisdiction | The parties to a case cannot manufacture federal subject-matter jurisdiction by stipulation. Nonetheless, the Maritime Drug Law Enforcement Act, 46 U.… |
| 18-5712 | Jerome A. Christmon v. B&B Airparts, Inc. | Tenth Circuit | 2018-08-22 | Denied | IFP | 7th-amendment civil-procedure constitutional-rights due-process errata-sheets evidence jury-trial procedural-error summary-judgement summary-judgment uncertified-deposition | If summary judgement is sought, using only the deponents' UNCERTIFIED deposition as the basis for the moving parties supposed factual position (withou… |
| 18-5681 | Dexter Leemon Johnson v. Oklahoma | Oklahoma | 2018-08-21 | Denied | IFP | civil-rights criminal-procedure due-process equal-protection judicial-error jury-instructions jury-trial jury-verdict reasonable-doubt sentencing statutory-maximum trial-error | 1. PETITIONER WAS DENIED THE RIGHT TO A JURY VERDICT OF GUILTY BEYOND A REASONABLE DOUBT 2. PETITIONER WAS DENIED EQUAL PROTECTION OF THE LAWS 3. TR… |
| 18-5603 | In Re Mark Kilmartin | 2018-08-16 | Denied | IFP | criminal-procedure double-jeopardy due-process equal-protection fourteenth-amendment judicial-misconduct jury-trial sentencing structural-error | WHETHER A CRIMINAL DEFENDANT CAN BE CONVICTED AND SENTENCED TO LIFE FOR A SEPARATE, NEW AND DISTINCT CRIME WITH WHICH HE HAD NOT BEEN ON TRIAL FOR AND… | |
| 18-199 | Ken Liang v. United States | Ninth Circuit | 2018-08-15 | Denied | Response Waived | civil-rights constitutional-rights criminal-procedure doj-investigation due-process government-misconduct jury-trial jury-trial-waiver material-witness obstruction-of-justice prosecutorial-discretion prosecutorial-misconduct reverse-sting | Is it an Obstruction of Justice, when an individual obstructs an oppressive DOJ investigation, when, the alleged crime to be investigated was not a cr… |
| 18-5553 | Christopher Williams v. Texas | Texas | 2018-08-13 | Denied | Response WaivedIFP | apprendi apprendi-v-new-jersey capital-murder corpus-delicti criminal-procedure due-process extrajudicial-confession fourteenth-amendment jury-trial sixth-amendment | Texas has adopted a corpus delicti rule requiring that an extra-judicial confession have a quantum of corroboration before a conviction can be had bas… |
| 18-5572 | John E. Wells, Sr. v. David Gray, Warden | Sixth Circuit | 2018-08-13 | Denied | IFP | certificate-of-appealability constitutional-rights due-process equal-protection federal-habeas-corpus habeas-corpus illegal-sentence judicial-power jury-trial res-judicata state-court-record void-judgment | QUESTION 1: Does a Federal Court of Appeals deny Due Process by refusing to issue a Certificate of Appealability where the Petitioner's claims exceed … |
| 18-5501 | Donald Jones v. Bank of America, et al. | Eleventh Circuit | 2018-08-09 | Denied | IFP | 4th-amendment civil-procedure civil-rights constitutional-rights due-process equal-protection florida-law foreclosure jury-trial property-rights state-law viamendment | Did the petitioner receive the same equality decision from Florida state law 702.1 as he would had from a jury trial under the Viamendment of the cons… |
| 18-5534 | Juan Carrasquilla-Lombada, et al. v. United States | Eleventh Circuit | 2018-08-09 | Denied | IFP | confrontation-clause jurisdiction jury-trial maritime-drug-law maritime-drug-law-enforcement-act pre-trial-hearing sixth-amendment statutory-interpretation testimonial-evidence | Whether the Maritime Drug Law Enforcement Act, 46 U.S.C. 70501 et. seq., is unconstitutional on its face and in violation of the Sixth Amendment right… |
| 18-5474 | Heriberto Garcia-Hernandez v. United States | Fifth Circuit | 2018-08-07 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction reasonable-doubt sentencing sentencing-enhancement sixth-amendment statutory-maximum | Whether all facts – including the fact of a prior conviction – that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-5496 | Alfredo Perez, Jr. v. California | California | 2018-08-07 | Denied | Response WaivedIFP | apprendi-doctrine apprendi-v-new-jersey constitutional-interpretation criminal-sentencing due-process judicial-fact-finding judicial-findings jury-trial resentencing sentencing sixth-amendment three-strikes-law | Does the federal constitution, as construed in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), permit a court charged wi… |
| 18-5457 | Michael Allyn Kennedy v. Texas | Texas | 2018-08-03 | Denied | IFP | appeal conviction criminal-procedure due-process habeas-corpus indictment jury-trial notice sixth-amendment trial | The trial Couat had no Chorge OR offense no Reading without a dofe to impose a Conviction 247 Could convict Indctment and no JuRd of an wifhout a date… |
| 18-5437 | Gary Richard Whitton v. Florida | Florida | 2018-08-02 | Denied | IFP | advisory-jury capital-sentencing capricious due-process eighth-amendment equal-protection equal-protection-clause jury-trial jury-trial-rights retroactivity | 1. whether the Fourteenth Amendment's guarantee of Equal Protection and the Eighth Amendment's prohibition of capricious capital sentencing impose lim… |
| 18-5405 | Fortino Pimentel-Soto v. United States | Fifth Circuit | 2018-08-01 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction reasonable-doubt sentencing sentencing-enhancement sixth-amendment statutory-maximum | Whether all facts – including the fact of a prior conviction – that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-133 | Teddy Moore v. Christopher Bramwell, et al. | New York | 2018-07-31 | Denied | Response Waived | civil-rights constitutional-rights due-process fair-trial false-arrest impartial-judiciary judicial-misconduct jury-trial malicious-prosecution state-court-jurisdiction state-court-review | Whether the State Supreme Court of King County NY, The Supreme court appellate division second NY, and the Court of Appeal of the state of New York, v… |
| 18-5415 | Louis B. Gaskin v. Florida | Florida | 2018-07-31 | Denied | IFP | capital-punishment capital-sentencing death-sentence due-process eighth-amendment equal-protection jury-trial retroactivity unconventional-rules | 1. Whether the Fourteenth Amendment's guarantee of Equal Protection and the Eighth Amendment's prohibition of capricious capital sentencing impose lim… |
| 18-5375 | Christopher Henriquez v. California | California | 2018-07-27 | Denied | IFP | aggravating-factors burden-of-proof capital-punishment constitutional-rights criminal-sentencing death-penalty due-process equal-protection jury-trial mitigating-circumstances reasonable-doubt | Whether the California death penalty scheme violates the Fifth, Sixth and Fourteenth Amendments by permitting the trier of fact to impose a sentence o… |
| 18-5378 | Alejandro Chavez-Garcia v. United States | Fifth Circuit | 2018-07-27 | Denied | Response WaivedIFP | alleyne-v-united-states apprendi-v-new-jersey burden-of-proof criminal-procedure defendant-rights indictment jury-beyond-reasonable-doubt jury-trial prior-conviction sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 18-113 | Jeremiah Rodgers v. Florida | Florida | 2018-07-25 | Denied | Amici (1) | constitutional-rights death-penalty due-process hurst-v-florida jury-trial jury-waiver retroactivity sentencing-procedure sixth-amendment waiver | Does waiving a state-law right to have a jury make an advisory sentencing recommendation constitute a knowing and intelligent waiver of the federal co… |
| 18-5326 | Mario Howard Lloyd v. Scott Moats, et al. | Seventh Circuit | 2018-07-24 | Denied | Response WaivedIFP | civil-procedure civil-rights counsel counsel-recruitment district-court-discretion due-process eighth-amendment fundamental-error intercircuit-conflict jury-trial medical-care standing summary-judgment | (1) Whether the District Court's "persuasive authority" test order this case to be trial by a jury trial on February 211 2017, and than less then rwo … |
| 18-5328 | Muffin Anderson v. Susan A. Larsen | Washington | 2018-07-24 | Denied | Response WaivedIFP | americans-with-disabilities-act civil-procedure constitutional-rights due-process fair-hearing jury-trial mental-capacity mental-disability physical-capacity procedural-fairness stare-decisis summary-judgment | If a significant question of law under the constitution of the state of Washington or of the United States is involved. Did the trial court violate t… |
| 18-5331 | Ralph Simon Jeremias v. Nevada | Nevada | 2018-07-24 | Denied | IFP | aggravating-circumstances confrontation-clause constitutional-standard death-penalty due-process hurst-v-florida jury-finding jury-trial mitigating-circumstances ring-v-arizona | 1. Whether the Consti tution requi res – i n a state i n whi ch a jury i s requi red to fi nd that mi tigating ci rcumstances do not outwei gh the agg… |
| 18-5317 | Jose Villanueva-Cardenas v. United States | Fifth Circuit | 2018-07-23 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-conviction-enhancement sentencing statutory-maximum | Whether all facts – including the fact of a prior conviction – that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-5318 | Makandi L. Terry v. Donnie Stonebreaker, Warden | Fourth Circuit | 2018-07-23 | Denied | IFP | 6th-amendment certificate-of-appealability discovery due-process exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel involuntary-plea jury-trial | Been Denied a Certificate of Appealability when Evidence Exsists Clearly Ineffective For Failure To Exculpatory Evidence and /oDisclose Appellant Evid… |
| 18-5301 | Cahlan Clay v. United States | Eighth Circuit | 2018-07-20 | Denied | Response WaivedIFP | compulsory-process confrontation-clause criminal-defense criminal-procedure cross-examination defendant-rights defense-strategy due-process evidence fair-trial judicial-discretion jury-instructions jury-trial trial-procedure witness-examination | Whether a court may dictate the manner by which a defendant presents his case to the jury by forcing defense counsel to rely exclusively on the cross-… |
| 18-5247 | James McCray v. S. L. Burt, Warden | Sixth Circuit | 2018-07-18 | Denied | Response WaivedIFP | 6th-amendment constitutional-violation criminal-procedure due-process judicial-discretion jury-trial minimum-sentence plea-bargaining reasonable-doubt sentencing-guidelines sixth-amendment | WHETHER THE SIXTH CIRCUIT DECISION IS OBJECTIVELY UNREASONABLE AS A MATTER OF DUE PROCESS, BECAUSE MCCRAY SENTENCING GUIDELINES OFFENSE VARIABLE[S] WA… |
| 18-82 | Tamara Cotman and Angela Williamson v. Georgia | Georgia | 2018-07-17 | Denied | Response Waived | acquittal criminal-procedure double-jeopardy double-jeopardy,fifth-amendment,criminal-procedure fifth-amendment jury jury-trial nonunanimous-verdict sixth-amendment sixth-amendment,criminal-procedure,jury,due-proces unanimous-verdict Whether the Double Jeopardy Clause of the Fifth Am | 1. Whether it is a Violation of the Sixth Amendment for a jury in a criminal case to return a nonunanimous verdict. 2. Whether the Double Jeopardy Cl… |
| 18-5235 | Antrone Arness Thomas v. David Chandran | Fourth Circuit | 2018-07-13 | Denied | Response WaivedRelisted (2)IFP | civil-action civil-procedure civil-rights constitutional-rights conviction-reversal criminal-procedure due-process jury-trial legal-remedy procedural-due-process standing state-criminal-conviction | Ought I have right to a jury trial? Also a civil action due to my State criminal conviction being reversed? |
| 18-5179 | Ronnie Johnson v. Florida | Florida | 2018-07-09 | Denied | IFP | 6th-amendment 8th-amendment cruel-and-unusual-punishment death-penalty due-process equal-protection hurst-v-florida jury-trial retroactivity ring-v-arizona | WHETHER THE BLACK LINE DRAWN BY THE FLORIDA SUPREME COURT IN ASAY v. STATE, 210 S0.3d 1 (Fla. 2016), LIMITING THE RETROACTIVE EFFECT OF HURST v. FLORI… |
| 18-5079 | Michelle Lyn Michaud v. California | California | 2018-07-03 | Denied | IFP | aiding-and-abetting burden-of-proof constitutional-error criminal-liability criminal-procedure due-process factfinding-function fifth-amendment jury-instructions jury-trial jury-trial-guarantees reasonable-doubt sixth-amendment | 1. Did the trial court's incorrect instruction on aiding and abetting liability violate the constitutional jury trial guarantees of the Fifth, Sixth, … |
| 18-5109 | Reggie Rankins v. Illinois | Illinois | 2018-07-03 | Denied | IFP | criminal-procedure due-process evidence jurisdiction jury-trial sentencing sexual-assault statutory-interpretation | T1tOiS rep up oI\ +kt it' €ii ce P f S+l nhin 9, flc I Wi+4', 5+&3—ui — 72O LLCS SJiii.o (4fla) |
| 18-5029 | Stephen Patrick Black v. Texas | Texas | 2018-06-28 | Denied | Response WaivedIFP | civil-commitment civil-rights constitutional-rights directed-verdict directed-verdicts due-process fundamental-error jury-trial liberty reasonable-doubt | Are Directed Verdicts constitutional in civil trials relating to indefinite civil commitment? Directed verdicts are disallowed in criminal trials and … |
| 24A948 | Michael Tanzi v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Florida | Denied | constitutional-law death-penalty federal-review jury-trial procedural-bar sixth-amendment | Question not identified. | ||
| 25A246 | Consuelo Saldana, et al. v. William Campana | California | Presumed Complete | constitutional-rights criminal-proceeding due-process execution-stay jury-trial sixth-amendment | Question not identified. |