justification-defense
6 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 23-6331 | Hannibal Moore v. United States | Eleventh Circuit | 2023-12-22 | Denied | Response WaivedIFP | affirmative-defense burden-of-proof criminal-conduct criminal-law disqualifying-element imminent-threat justification-defense legal-alternative proximate-cause | The question presented is whether the courts should also take a narrow view in considering the disqualifying element of the justification defense, and… |
| 23-5190 | Mardy D. Mollett, Jr. v. United States | Sixth Circuit | 2023-07-25 | Denied | Response WaivedIFP | burden-of-proof constitutional-rights criminal-procedure due-process felon-in-possession firearm-possession justification-defense second-amendment | Does the inclusion of an fifth element of the justification defense for being a felon in possession of a firearm, requiring the Defendant to prove tha… |
| 21-6044 | Kenneth Jay Still v. United States | Eighth Circuit | 2021-10-25 | Denied | Response WaivedIFP | affirmative-defense criminal-law due-process eighth-circuit firearm-possession firearms justification justification-defense police-contact prohibited-person self-defense | Several circuits have held that justification is a cognizable affirmative defense to the charge of being a prohibited person in possession of a firear… |
| 20-8440 | Jerry Douglas, Jr. v. United States | Fourth Circuit | 2021-06-28 | Denied | Response WaivedIFP | criminal-procedure federal-question felon-in-possession felon-possession jury-instruction justification-defense minor-child-safety minor-protection second-amendment | Is a defendant entitled to a justification jury instruction on a charge of possession of ammunition in commerce by a felon when the defendant is actin… |
| 20-6958 | Luis C. Paulino v. Thomas Griffin, Superintendent, Green Haven Correctional Facility | Second Circuit | 2021-01-28 | Denied | Response WaivedIFP | 2nd-amendment burden-of-proof civil-rights constitutional-rights criminal-procedure due-process equal-protection justification-defense self-defense standing takings | WHETHER A DEFENDANT IN CERTAIN SITUATIONS MAY BE UPON PRESUMPTION OF VINDICTIVENESS FOR EXERCISING RIGHT TO TRIAL WHETHER PRO-SE PLEADINGS IN THE UNI… |
| 18-8526 | Marcel Henderson v. United States | First Circuit | 2019-03-22 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment circuit-court-split criminal-procedure dixon-standard due-process fifth-amendment imminent-threat justification-defense sixth-amendment | Were the petitioner's Fifth and Sixth Amendment rights violated by the ambiguity of the Dixon standard as applied regarding what constitutes a "well-f… |